My husband has served in the Coast Guard for 13yrs and last year he underwent surgery for a pituatary tumor. He has lost three hormonal functions and is currently taking three medications to replace those lost functions. Also he may still have some residual tissue left.
Last week we received a letter stating that he is unfit for duty and will be placed on the temporary disability retirement list until he is stable or able to be permently retired. They've placed him at a 40 percent disability rating.
My question is, is should we accept this and move forward or should we fight to keep him in? He's a Bm1 and is currently number one on the service wide and is both ashore and afloat officer in charge qualified. We stand to lose so much, all the hard work it took to get to this point and now he's deemed unfit. My husband loves his job and is having a hard time seeing himself doing anything else.
We also are going to lose 75 percent of his pay and are very overwhelmed by the enormity of the situation.
Is it just me or have I been reading a lot of posts regarding MEB and PEB shenanigans when it comes to patients on coumadin? Every medical doctor I have spoken to has said that the drug is entirely incompatible with military service and yet I am seeing reports (mine included) of fit findings. Is this a new issue, or has it always been this way?
My PCM is starting a MEB on me for Neurogenic Bladder due to nuerological diseaese, herniated discs, depression, and migranes (I also have sleep apnea). My PCM is a young Doc with little experience writing NARSUM and I do not want to be incorrectly represented. Are there such things as sample NARSUMs that Docs can use as reference when they are drafting theirs? Thank you for your help
I am an AD E6 stationed in Kings Bay GA. I currently hold the position of LIMDU coordinator for my command. We have a 29.5 year Mater Chief who currently has a PEB dictated for a neurological problem that has pretty much incapacitated him for the last year. He is deaf without his hearing aid and is in a wheel chair. He has some other idiopathic diagnoses and the meds he has been taking for a year now aren't helping. I was told by our personnel department, med boards office, BUPERS, and D.C. not to pursue a PEB because he was so close to HYT that they would just find him fit to retire and send him on his way. Myself and the member feel that if he has a disability (not preexisting) then the Navy should recognize that disability commensurate with his 29.5 years of service. If anyone is UNFIT, it's this guy. It's really sad because he is a god-like figure in this area and would give you the shirt off his back. He's a pretty big guy so that shirt covers alot of people. We also intend to appeal if he is found fit. Either way he is out in APR 09. I read your blob on Fit vs Unfit and it explained alot. I think it is the reason the med boards office told him the PEB was for young people not old salts. Do you think we are fighting a loosing battle? I am writing his NMA tonight and submitting it through my COC for chop. Any more key words and tricky phrases?
I was just reading your profile. I noticed that you are an attorney. I am considering going for an MBA or pursuing a JD. What are your thoughts about job prospects in law? A friend of mine passed the bar in Delaware and couldn't find a job in the local area. In addition, how difficult was law school and passing the bar? With all that I went through to get my BS in Computer Science, not sure that I want to enter another difficult program. I think it might be too difficult to work full-time and complete a JD.
Your inputs are greatly appreciated,
Thanks for the compliment! It has been great to watch us grow and reach out to more people. I am just catching up from my trip, so I will respond to the PM shortly. Good to hear from you, man. Hope all else is well!
Just wanted to say your site is looking great. It's cool to see the growth from when I joined till now. I noticed you are now takig donations, I will be contributing real soon. I shot you a PM and an email, I elaborated more in my PM.
Even though I cannot deploy, I still feel that I am fit for duty. Since I have reclassed into Human Resources, I can still contribute to the Army. My current Chain of Command and past leadership are writing letters of recommendation to the Board on my behalf. Where else do I begin with the appeals process.
I am new to your site. I just received the results of my PEB and I am not happy. I had a pacemaker implanted in March of 08 due to passing out spells causing my heart to stop. Since my pacemaker placement, I have had no other incidents .Because of this, I am reclassing from 31E (Corrections) to 42A (Human Resources). Despite my wishes and the recommendations of my doctors and Chain of Command to allow me to finish my time in the Army, I have over 13 years of service, the PEB has recommended that I be released from service with a severance and 10% of my base pay. The Board rated me for a neurological condition and not my pacemaker. How do I begin to fight it. I've tried to contact the SJA at Ft. Lewis and no one has returned my phonecalls. I need help. Can you help me? I AM LOST AND CONFUSED.
I hurt my back during a mobility excercise. It appears from the MRI and x ray that my heirnated discs have been pinching nerves causing numbness and limiting control of my bladder. I was on quarters for about 2 1/2 weeks. I have an appointment with neuro and urology in the next couple of days. My doctor told me that he would be starting a MEB based on their replys. Meanwhile, I am sitting at work in a wheel chair with extra clothes in my backpack in case I wet myself. I am on heavy medications such as diuladid and muscle relaxants. (The Air Force taking care of his people) My wife has to drive me to work. She has to get my small children up everyday, because we have only one vehicle and I am not supposed to drive. My chain of command is heartless and uncaring. My CC has yet to say one word to me, good or bad. (The Air Force taking care of his people)
One of the question on my mind is if the neuro guys recommend surgery, how would that affect the MEB process--especially if I refuse (I DO NOT TRUST THESE PEOPLE). In all seriousness, I really need some help. I have 2 children (7yrs old and one 7 months). These guys have been uncaring and unresponsive (the base chaplin said that I should be on convalescent leave). My goal is to get some relieve and hopefully find a way to come out with something I can support my family with for a time(other than a stupid going away lunch after 8 years of service). Thank you
Hi Jason. Thanks for the nice welcome message you just sent. If I could figure out how to respond to it I would LOL. I am always looking for more and better ways to take care of my troops in the disability realm and I am hoping to garner some good info from your site. I am applying for Army PEBLO positions in Germany, but haven't heard anything back yet. I'll keep you posted as I transit through the system. Thanks again and if I may be of any assistance at all to any of your subscribers, don't hesitate to contact me.
I need some sound advice as to the most expedited way to address my issue.
I’m an IMA who has been on almost continuous orders for the last 6 years.
The MPA days were my source of income until I was put on a “4T” profile. HQ AFRC/SG claims that Incapacitation Pay is not available because of my status. They claim that I was found fit for duty when the hospital returned me to end my tour although I have a "4T" profile.
I looked in AFRCI 36-3004 and read that until a military physician produces an AF Form 422, without a 4, incapacitation pay is authorized. I’m currently looking at more than 8 months worth of back pay.
My LOD's are jacked up. The outline in 36-2910 was not followed at all. I have a couple of LOD's that have a SMSgt in an organization that I'm not assigned to or on orders with, signed the LOD as my medical officer and unit commander. Then I have a commander's letter from the division director that I am attached to detailing how my medical condition hasn't impacted my duties. I have not worked for either person when the diagnosis was made or after.
I have petitioned my Chain (royal run-around), my Congressman and the AFRC IG to no avail. The AFRC didn’t answer the Congressional petition and the IG is clinging to guidance found in AFI 48-123 Vol. 2, Chapter 5, (ARC members not on EAD) as justification for authority over inline of duty conditions and not AFRCI 36-3004, 4.3.1 as they should. The IG wrote me that his office considers the matter closed due to policies set forth in AFI 48-123 Vol. 2, Chapter 5.
I was just informed that the IPEB has refused to hear my case before the formal board.
I wasn't given a definite rebuttal time frame in writing to rebut the decision of the IPEB, nor do I remember any verbal agreements, yet when I submitted my rebuttal I was told that I had exceeded the suspense date. I had previously emailed the PEBLO and informed them that I missed their phone call and to email me any pertinent info. I didn't receive any written answer to that email. I emailed the PEBLO after she called and informed me about the formal board refusal and asked why a written suspense wasn't set at the time that I signed the 1180. Later the PEBLO emailed me back and "informed" me that she gave me a verbal of 3 days but when she contacted the case manager, the rebuttal suspense was needed "immediately". By the PEBLO's own word there wasn't a consistent rebuttal standard and there wasn't a written agreement as fas as a suspense was concerned. Although I had missed the suspense according to the PEBLO, she still forwarded my rebuttal forward. In my mind if the suspense had passed the PEBLO should have said so at the time of my submission. I don't think this is fair to me. What do you think? Is this an issue that I can appeal?
The AD Area Defense Council along with my first shirt has suggested civil court. The AD JAG said I have more than proven my point that I’m being denied benefits. (Just as you have stated)
Is there a requirement that I must petition the Board of Military Corrections first or can I head straight to district court? If the Board of Corrections is necessary, can it be circumvented by having a family member file on my behalf?
If this issue can be handled in court, do you know of any litigation funding for this particular type of case?
As I stated earlier, this issue has been going on for 8 months and my savings are almost gone. I know about the EAJA, but my understanding is that a person files for reimbursement after the case has been won.
Do you know of any civil legal aid or veterans organizations that may be able to help me with my cause?
It has also been suggested that I publicized my plight in newspapers that serve the military community. Since AFRC has put this policy out I’m sure that there are others with a similar plight. Maybe an article could galvanize some members together and maybe a positive change will result.
Hi..first I just wanted to say this is a great site! Thanks. I just have one quick question..(as quick as it can be) I was told that if I am at 20 and everyone on the MEB agrees that I should just be allowed to retire that IPEB almost always concurs. Do you think this is a true statement based on your experience? Thank you so much for any help you can give me.
Hi sir, is there a messanger or email where i can contact you on , you're helping me so much and it would be easier if i could just use email directly. If this is ok with you, can you reply to this. Thanks for everything