Fitness vs. Unfitness

This thread is for discussing everything related to fitness and unfitness in the PDES.
 
Pedro,

Welcome! Much will depend on how controlled your condition is, but if your ability to perform your duties is not significantly impacted, it seems that you should be fit for duty. You will most likely go to an MEB, though.

Best of luck and please let us know any questions.
 
I am a Army Finance Officer. I have had two failed back surgeries l4-L5, currently herniated and have been on limited duty for over a year. I also had a right knee replacement and right knee DDD in which I need a knee replacement. I am in the MEB and can not have back fusion or a knee replacement until I complete and agree with my NARSUM. Because I am a Finance Officer would the MEB find my Back and Hip fitting? Again, I have been on limited duty 2 to 4 hours a day for most the part of the year.
 
My husband has 19 years, 1 month in the ANG. He has 11 drills to get his 20. He received paperwork for "non-duty related DES. He has to sign this on Aug 20. He was told by the clinic his PTSD is not an issue and would not be included in his list of unfitting diagnosis. The only thing listed on his DAWG is myalgia, Myositis, arthritis and sleep apnea with CPAP. The clinic also told him he was non duty related even though he has LOD's for injuries during Iraqi freedom/ enduring freedom that resulted in him having the arthritis.
His commander is writing a letter to request LOD for his PTSD.

My questions.
1. How can we get this turned into a duty related and MEB for disability rating?
2. What happens when he signs this? Of course he is going to fight.
3. Should he write and request a LOD for his PTSD or wait for the commander?

He has been struggling just to make it for drill weekends hoping to reach his 20 years. He hasn't worked since 2009.
 
I'm getting a hip replacement with 16yrs of service and was told by my 1sgt that I will be unfit for duty.
 
I'm getting a hip replacement with 16yrs of service and was told by my 1sgt that I will be unfit for duty.

While many folks with a hip replacement are found unfit, that is not assured. You would have to see how well the surgery goes and what the impact is after on your duty performance.
 
How can I contact you directly (Jason Perry & MAParker)? my email is [email protected] if you would like to send me an email. I am preping to send my information to the PDBR and I have a million questions!!

Thank you in advance
Derrick
 
Is there a guideline for determining fitness with a condition that is possibly unstable? For instance, my partner (Navy) is currently in the PEB process (we have received information that he was deemed unfit at the IPEB but have not received notice) for MS. He, however, is able to perform all of his duties and, in fact, did so while on deployment (we were not aware that he had MS at the time). Additionally, he is on and responding well to medication that conforms with the PRP. We have been told, however, that he may be deemed unfit because MS is unstable he "could" have a problem later.
 
Current status, don't care so much, but for me the "Been there, done that" is a mandatory requirement for me to take any advice seriously if it something that I have a decent amount of experience with.

A good example, I rock climb and work with a local group that is trying to get access opened up to an area where a climbing ban is currently in place. An older gentlemen by the name of "Gordy" started working with us. "Gordy" was later clarified to Gordon Ainsleigh. Needless to say, I now bring my running questions to him :)
 
I think I’m in the opposite situation.

The MEB process found an injury unfit. I made the mistake of appealing because the injury was bilateral and only one hand was included in the unfit decision. Because I asked for a review, The MEB then determined that though both hands are injured, now neither hand is unfit.

My question: Even though the MEB says those injuries are now “fit” can the PEB still find those injuries as “unfit” for me to do my MOS tasks based on my commanders statements and other evidence?
The fitness question

Many Soldiers are confused about why the Board did not rate one or more of their conditions. The Medical Evaluation Board (MEB) may have found a condition to be medically unacceptable and recorded that condition on the Soldier's DA Form 3947 (Medical Evaluation Board Proceedings). However, the PEB may have not given the Soldier a rating for that condition. Sometimes, Soldiers are confused about this and want to submit letters from doctors proving that they have this condition. This is not helpful to the case if the Board has found the condition to not be separately unfitting. That is because the PDES is a performance based system that only rates conditions that keep a Soldier from performing his or her duties.

Title 10 US Code, Chapter 61, Sections 1201 et. seq., state that disability benefits depend "pon a determination by the Secretary concerned that a member...is unfit to perform the duties of the member's office, grade, rank, or rating because of physical disability...". This law means that the Board can only rate those conditions that render a Soldier unfit to perform their duties.

Some Soldiers feel this is unfair. Whether it is or not is a policy question, but it may help to understand the purpose of the PDES. AR 635-40, para 3-2b. (1), explains the purpose this way: " (1) Disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service." So, is a Soldier out of luck in getting compensation for conditions that are not unfitting? Not necessarily. The VA will compensate for service connected disabilities.
One last thought. What should the Soldier do if he believes his condition is unfitting? More proof of the existence of the condition is not helpful. The evidence needed to demonstrate unfitness must relate to the condition causing limitations or shortcomings in performance. This can include profiles that limit performance because of the disability, Commander's/First Sergeant's Letters documenting limitations, Counseling statements, OER/NCOER's, or medical evidence that clearly demonstrates inability to perform duties.
 
I think I’m in the opposite situation.

The MEB process found an injury unfit. I made the mistake of appealing because the injury was bilateral and only one hand was included in the unfit decision. Because I asked for a review, The MEB then determined that though both hands are injured, now neither hand is unfit.

My question: Even though the MEB says those injuries are now “fit” can the PEB still find those injuries as “unfit” for me to do my MOS tasks based on my commanders statements and other evidence?
Yes. The MEB essentially provides the PEB with a packet that they use for the IPEb to make an initial determination about your unfitting conditions. If they get it wrong, you can argue for anything at the Formal PEB.
 
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