MEB Scoliosis

[Naz2740]

Wondering if I have a shot of potentially getting a Return to Duty on my MEB/PEB. I am a 3P0X1 working back office and have been in for 2 years. Trying to fight my MEB

Currently I have a MEB for my scoliosis of the lumbar spine for a 40 degree curvature. It started when I went to OST just to document some minor back pain to which the Captain said I could have some minor scoliosis which I have no prior knowledge or documentation of. He asked if I wanted an X-ray to which I said yes without thinking much of it. Little did I know that this opened up a case where from this one X-ray I have a 40 degree curve which is a disqualifier for not only my career field but also the Air Force. I haven't experienced any serious pain since then and it doesn't hinder me from my work but they decided even with my commander putting a comment for me to retrain they went forward with the MEB.

I am in the early stage where I have VA appointments but I haven't claimed anything other than my scoliosis and my hearing. I made sure to tell every medical person I had to meet with that I am still able to do my job and that I do not have any issues with my back. I even got a letter of recommendation from my commander saying that I should be retrained and that I am an asset worth retaining. Currently I'm trying to find an answer or if someone has a similar situation to mine where they fought to stay and potentially won. I know it may seem unorthodox but I at least want to retrain into a job like admin or supply. I do understand I brought this upon myself and I could medically retire but I am dead set on staying in. Other than this is a disqualifier according to the AFI I don't see why I can't just retrain and be on a waiver.

I have done everything in my power so far to hopefully get the approval of the board to let me continue my service. All I am waiting for right now is for all my paperwork to get set up to the board and hopefully I do not have to appeal. If anyone has any advice or information that could help me I would really appreciate it.

 

[Provis]

Wondering if I have a shot of potentially getting a Return to Duty on my MEB/PEB. I am a 3P0X1 working back office and have been in for 2 years. Trying to fight my MEB

Currently I have a MEB for my scoliosis of the lumbar spine for a 40 degree curvature. It started when I went to OST just to document some minor back pain to which the Captain said I could have some minor scoliosis which I have no prior knowledge or documentation of. He asked if I wanted an X-ray to which I said yes without thinking much of it. Little did I know that this opened up a case where from this one X-ray I have a 40 degree curve which is a disqualifier for not only my career field but also the Air Force. I haven't experienced any serious pain since then and it doesn't hinder me from my work but they decided even with my commander putting a comment for me to retrain they went forward with the MEB.

I am in the early stage where I have VA appointments but I haven't claimed anything other than my scoliosis and my hearing. I made sure to tell every medical person I had to meet with that I am still able to do my job and that I do not have any issues with my back. I even got a letter of recommendation from my commander saying that I should be retrained and that I am an asset worth retaining. Currently I'm trying to find an answer or if someone has a similar situation to mine where they fought to stay and potentially won. I know it may seem unorthodox but I at least want to retrain into a job like admin or supply. I do understand I brought this upon myself and I could medically retire but I am dead set on staying in. Other than this is a disqualifier according to the AFI I don't see why I can't just retrain and be on a waiver.

I have done everything in my power so far to hopefully get the approval of the board to let me continue my service. All I am waiting for right now is for all my paperwork to get set up to the board and hopefully I do not have to appeal. If anyone has any advice or information that could help me I would really appreciate it.

You are on the right track! You need to find out the likelihood of all outcomes. What would the VA rate that condition with 40 degree curvature? If found unfitting the AF will rate it the same as the VA. Based on the little research I have just now did it looks like the VA rating would be low. My guess is 10%. That means if found unfit you wouldn't medically retire but instead be discharged with severance. You need unfitting conditions to total 30% or higher to medically retire. How long have you been in? If less than 8 years they could still rule it pre existed prior to service and give you nothing and kick you out. You could argue it was permanently aggravated by service.

Are code 31 or code 37? I assume 37 if getting VA exams.

 

[Naz2740]

You are on the right track! You need to find out the likelihood of all outcomes. What would the VA rate that condition with 40 degree curvature? If found unfitting the AF will rate it the same as the VA. Based on the little research I have just now did it looks like the VA rating would be low. My guess is 10%. That means if found unfit you wouldn't medically retire but instead be discharged with severance. You need unfitting conditions to total 30% or higher to medically retire. How long have you been in? If less than 8 years they could still rule it pre existed prior to service and give you nothing and kick you out. You could argue it was permanently aggravated by service.

Are code 31 or code 37? I assume 37 if getting VA exams.

So from the looks of it the possibility of me being retained is low? And yes I am code 37 as of right now. Also by on track what do you mean exactly?

 

[Naz2740]

You are on the right track! You need to find out the likelihood of all outcomes. What would the VA rate that condition with 40 degree curvature? If found unfitting the AF will rate it the same as the VA. Based on the little research I have just now did it looks like the VA rating would be low. My guess is 10%. That means if found unfit you wouldn't medically retire but instead be discharged with severance. You need unfitting conditions to total 30% or higher to medically retire. How long have you been in? If less than 8 years they could still rule it pre existed prior to service and give you nothing and kick you out. You could argue it was permanently aggravated by service.

Are code 31 or code 37? I assume 37 if getting VA exams.

As of right now I am trying to get an answer on how my case will go. I understand its case by case and I have to hurry up and wait but its all getting frustrating not being able to get an answer from anyone at least where I am at. It makes me question if fighting this is even worth it because I really do want to continue my service but everything seems very unsure. In a perfect world I just want to return to duty and then cross train into a less demanding career field so it could be less straining on my back.

 

[Provis]

So from the looks of it the possibility of me being retained is low? And yes I am code 37 as of right now. Also by on track what do you mean exactly?

Its very hard to know if you will be retained or not. There are conditions that are always found unfit like BiPolar disorder. There are conditions that the majority are found unfit. Being found fit for duty is rare. Since you are code 37 and not 31 I would prepare to be found unfit. Also, knowing the likelihood of the unfit finding can help you plan and strategize. The ones that get screwed the most are those who try to be found fit but don't succeed because they minimize their condition symptoms and tend to get artificially low DOD%.

I am not saying don't try to be found fit. I am saying know the consequences of trying to go that route. So for example, lets say its more likely that you are going to be found unfit for that condition. I would try to get the highest VA rating possible for it hoping to get 30% or higher for medical retirement. I would look at all other health issues and see if one of those could be argued to be unfitting and then start challenging the NARSUM on it, gathering evidence and preparing for a FPEB to try to add the additional unfitting condition. Since there is a VA offset there won't be additional compensation for a medical retirement but you do get tricare for you and your family for life! If you deployed during your short time in the service it's possible you could qualify and apply for CRSC to restore some of the VA offset but it won't be much since you only have about 4% of your high 3 pension earned through longevity.