Need Advice..

Hope All is Well!

AD Navy for over 20 years, referred to MEB due to multiple issues. The evidence supporting non-continued service is astounding! My informal PEB findings came back stating "Fit to Retain" due to retirement eligibility. (Yes, I will be appealing) My injuries are debilitating. Multiple major surgeries, nerve damage, etc. All documented, all effecting my QOL. I've been placed on/off bed rest as well.

I cannot submit a request for retirement while in a LIMDU status, nor do I possess the ability for continued service beyond 3-6 months. If placed back AD, I will have roughly 2 years until I can "officially" request fleet reserve.

Any recommendations to support my case? Has anyone dealt with this type of decision, knowing you cannot continue?

I've been researching..no help from PEBLO and confering with legal counsel...
 
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agrsvefemme said:
Hope All is Well!

AD Navy for over 20 years, referred to MEB due to multiple issues. The evidence supporting non-continued service is astounding! My informal PEB findings came back stating "Fit to Retain" due to retirement eligibility. (Yes, I will be appealing) My injuries are debilitating. Multiple major surgeries, nerve damage, etc. All documented, all effecting my QOL. I've been placed on/off bed rest as well.

I cannot submit a request for retirement while in a LIMDU status, nor do I possess the ability for continued service beyond 3-6 months. If placed back AD, I will have roughly 2 years until I can "officially" request fleet reserve.

Any recommendations to support my case? Has anyone dealt with this type of decision, knowing you cannot continue?

I've been researching..no help from PEBLO and confering with legal counsel...
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If you are Active Duty with 20 years can't you retire right now? Do you have a ADSO? Navy is hardcore and finds a lot of people fit especially if they have 20 AFS.

Have you talked to any private counsel or just the free legal counsel given to you during the IDES Process?
 
Provis said:
If you are Active Duty with 20 years can't you retire right now? Do you have a ADSO? Navy is hardcore and finds a lot of people fit especially if they have 20 AFS.

Have you talked to any private counsel or just the free legal counsel given to you during the IDES Process?
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Hey, thanks for your reply! I can't even submit for retirement due to my LIMDU status. I even picked up another rank while on LIMDU. I believe the decision was based off of my last rank, not my current. I don't understand why they do that if that's the case. We are auto extended when we advance, my extension would kick in after I'm released back to AD. I've conferred with both private and JAG. Everyone is confused by the findings.
 
agrsvefemme said:
Hey, thanks for your reply! I can't even submit for retirement due to my LIMDU status. I even picked up another rank while on LIMDU. I believe the decision was based off of my last rank, not my current. I don't understand why they do that if that's the case. We are auto extended when we advance, my extension would kick in after I'm released back to AD. I've conferred with both private and JAG. Everyone is confused by the findings.
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I hate to say this but if you have a ADSO due to going up in rank in the Navy you are screwed if they found you fit. Can you decline the rank retroactively or is it too late? If its too late you will probably need to ensure that you follow your profiles and the Navy would just have to accommodate you until you are eligible to retire.

I know that sounds insane. However, you don't have many options if you are out of appeals and found fit.
 
Provis said:
I hate to say this but if you have a ADSO due to going up in rank in the Navy you are screwed if they found you fit. Can you decline the rank retroactively or is it too late? If its too late you will probably need to ensure that you follow your profiles and the Navy would just have to accommodate you until you are eligible to retire.

I know that sounds insane. However, you don't have many options if you are out of appeals and found fit.
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Lol, I can't and won't accept the Navy not caring about my physical limitations. There are extensive avenues. I have not appealed yet. What are your recommendations for that process?
 
agrsvefemme said:
Lol, I can't and won't accept the Navy not caring about my physical limitations. There are extensive avenues. I have not appealed yet. What are your recommendations for that process?
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I am not as familiar with the Navy. I would pick one and consult JAG or use private counsel to help you choose what to appeal.

Good Luck!
 
If your medical situation is based on what you say and feel, it doesn’t matter. You need to start building medical evidence by seeking appointments and or getting second opinions if need be. They obviously feel you can continue to serve not because they are ignoring your situation but your medical evidence is not sufficient enough to go down the disability retirement route.
 
CrustyGrunt said:
If your medical situation is based on what you say and feel, it doesn’t matter. You need to start building medical evidence by seeking appointments and or getting second opinions if need be. They obviously feel you can continue to serve not because they are ignoring your situation but your medical evidence is not sufficient enough to go down the disability retirement route.
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As stated in my OP, the medical evidence is astounding, to include specialist letters deeming me "unfit"/diagnosis/limited work days/hours/RX's for medical devices, etc, multiple procedures w/ lasting effects, as well as degenerative conditions.

The help I've requested is from those who have experienced the same, in the same boat, appealed because of the same.
 
Understood. My post was not intended to offend you. If your evidence is so overwhelming yet they still found you fit, then it’s not overwhelming enough. Another reason is that they may be thinking that they are doing you a favor. Whereas you just received promotion, you continue to serve and are able to retire once completion of your rank requirement.
 
agrsvefemme said:
As stated in my OP, the medical evidence is astounding, to include specialist letters deeming me "unfit"/diagnosis/limited work days/hours/RX's for medical devices, etc, multiple procedures w/ lasting effects, as well as degenerative conditions.

The help I've requested is from those who have experienced the same, in the same boat, appealed because of the same.
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The PEB can decide you fit regardless of symptoms. I think that is what you are having a hard time understanding. The Navy is saying despite all of your health issues they will allow you to work even if the work that you can do is extremely limited. You are not alone. For example, its almost impossible for medical personnel to be found unfit since the Navy is shorthanded for the profession. They would rather keep a doctor with a lot of restrictions due to a profile than let them go. Remember, the PEB = Physical Evaluation Board. Its more focused on the needs of the military.
 
Re: “Remember, the PEB = Physical Evaluation Board. It’s more focused on the needs of the military.”

Well said.

Ron
 
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