I just got referred to MEB because I was recovering from hip surgery, and I also need foot surgery. I started progressing in my recovery through aqua therapy and my profile i have no longer applies with the restrictions that they put as permanent. What are my options here? I'm very stressed and confused and my primary care didn't even evaluate my condition when he put in the profile. he just renewed it without evaluating if my condition was getting better.
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referred to MEB recovering from hip surgery, need foot surgery
- Thread starter Tristin Heady
- Start date
hello?
There are many well more versed than I, but I'll try to help. Is the MEB duty or non-duty? How many years of service? Regular or non -regular? Do you want to stay in, separate or retire? Do you have a VA claim or rating? Do you have combat related conditions with diagnosis?
I am active duty almost 4 years of service in a 5 year contract and regular service. I would like to stay in because I have a K-1 visa processing and it would be best case scenario if I did not have to look for a job and a house while it is processing adding to stress. I don't have a VA claim or rating. I was diagnosed with a torn labrum, hip dysplasia, hip impingement syndrome, hallux vagus, hammer toe, worries, hip pain, disease caused by covid 19 virus, lordosis, had bursitis and tendonitis in my right elbow wrist and shoulder and was hospitalized for the bursitis. Everyone's been telling me to med board saying ill get 100 but I don't want to take that risk.
Trying to work my way through all the pieces of your situation. This info generates more questions needed to narrow the possibilities. I also happen to have a background in immigration, so maybe I can bring a little light to that.
Were all/any of your diagnosed items from/during military service or before you joined? Obviously the covid one would be new. Do you have any LODs for these diagnosed items? Has that permanent profile been changed yet if you did show recovery? I would be concerned about the MEB being classed as non-duty verses duty related. Some of these items are injuries while others could be hereditary or before entry.
If you want to stay in, based on this list you are going to have an uphill battle in my estimation especially due to the profile and level of care i.e. surgeries and hospitalization. You would need to prove unequivocally that you can continue to serve in your current position. Getting your medical team and possibly other outside medical opinions that all say you are good to return to duty would be the way.
The other option would be to go for the MEB separation/retirement. If you could show that some or all injuries are duty related it could be a MEB for duty that leads to retirement. However, it could just result in medical separation if found to be under 30%. Remember that it is based on what limits you from serving which may not be all your injuries/ailments.
The challenge here is not just the military side of things, but also your K-1. You will need to show income for the K-1 which can be tricky with military and potential VA retirement. One issue is that the military could class you as temporarily retired. The VA could, if service connected, give you a rating that is not considered permanent. Both of these classes would then likely fall short for the K-1 standard of income. You will need to double check this with an USCIS immigration lawyer, as I am not one. Also as a side note, the potential future VA compensation, if any, would not show as income to USCIS on their first checks. You would need to point that out to them.
Remember that 100% medical rating does not also mean permanent for either the military or VA. It must also clearly state permanent. You could for example be military rated at 30% and permanent. But the next question would be is the amount you would then receive in military retirement from the 30% permanent rating enough for approval of the K-1 or would you have to show additional income?
Good Luck
Were all/any of your diagnosed items from/during military service or before you joined? Obviously the covid one would be new. Do you have any LODs for these diagnosed items? Has that permanent profile been changed yet if you did show recovery? I would be concerned about the MEB being classed as non-duty verses duty related. Some of these items are injuries while others could be hereditary or before entry.
If you want to stay in, based on this list you are going to have an uphill battle in my estimation especially due to the profile and level of care i.e. surgeries and hospitalization. You would need to prove unequivocally that you can continue to serve in your current position. Getting your medical team and possibly other outside medical opinions that all say you are good to return to duty would be the way.
The other option would be to go for the MEB separation/retirement. If you could show that some or all injuries are duty related it could be a MEB for duty that leads to retirement. However, it could just result in medical separation if found to be under 30%. Remember that it is based on what limits you from serving which may not be all your injuries/ailments.
The challenge here is not just the military side of things, but also your K-1. You will need to show income for the K-1 which can be tricky with military and potential VA retirement. One issue is that the military could class you as temporarily retired. The VA could, if service connected, give you a rating that is not considered permanent. Both of these classes would then likely fall short for the K-1 standard of income. You will need to double check this with an USCIS immigration lawyer, as I am not one. Also as a side note, the potential future VA compensation, if any, would not show as income to USCIS on their first checks. You would need to point that out to them.
Remember that 100% medical rating does not also mean permanent for either the military or VA. It must also clearly state permanent. You could for example be military rated at 30% and permanent. But the next question would be is the amount you would then receive in military retirement from the 30% permanent rating enough for approval of the K-1 or would you have to show additional income?
Good Luck
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