3rd LIMDU denied, pending surgery, separating <12 months

foxnhound

PEB Forum Regular Member
Registered Member
My concerns pertain to a denial of a 3rd LIMDU period.
I had a lumbar fusion L4-L5 on July 2012 and was placed on my first LIMDU period in September. In October 2012, I was diagnosed with a right hip labral tear with FAI. After the commencement of my 2nd LIMDU period (continued back pain and R-hip labral tear), I was relocated to another local command so that billeting could be opened up at my command (NPTU). After Tricare denied my surgery approval, I received PCS orders to Naval Medical Center Portsmouth in order to have the surgery performed. My second period of LIMDU expired early September 2013, and the 3rd period was recently denied by NAVPERS. To further complicate things, I am slated to have a hip arthroscopy mid-late November.

  • Would I be correct in saying that my scenario will lead to an immediate PEB?

  • Also, I am being told that if the PEB were to commence, I would not be able to have any surgery performed during that time frame. Is this valid?

I spoke briefly with the PEB legal counsel and they suggested that I figure out what the next step will be before NAVPERS attempts to separate me with an ADSEP. I have an appointment scheduled with my surgeon on Oct. 8, so I will know more then pertaining to surgery and dates.
  • Is there any way to have this surgery performed regardless of the 3rd LIMDU denial and have the PEB delayed until my surgeon clears me?
To make matters worse, my EOAS is October 2014! Looking for as much help as possible to avoid having it STUCK TO ME by the Navy!
 
Additional info: I just got an email from my Med Board Office stating that they are attempting to contact PERS to figure out why my 3rd limdu was denied since it was written as a different condition than the first two and with the fact that I am scheduled to have surgery. The only reason I was transferred to this MTF was to get this surgery!!!!
 
If they try to admin separate you for a medical condition, please PM me. This has been a huge problem in the Navy/USMC where they have been admin separating individuals for conditions that are referable to the MEB.

Mike
 
I take it you are Navy, right? Give me a call to discuss your case.

[email protected], 901-874-3203, YNC(SW/AW)

Nate47,
I spoke with my Ortho MEB office lady and she was attempting to get in touch with a Mr. Balla there in TN. I have had several conversations with her, and if I recollect our previous convo, she informed me that my ortho surgeon would have to call PERS directly in order to obtain reason for LIMDU denial. The message traffic states that I need to have a MEB submitted to the PEB within 120 days. My surgery would be performed before those 120 days........ Fortunately, I see my surgeon within the next few days to hash things out, but I am concerned that the last year I have spent getting to this point of surgical intervention will have all been for nothing if I cannot have it performed.
 
Foxhound,

Seems like we have DIRECTED a medical board submission on you. Mr. Balla sits right beside me. He handles all EAST coast (east of the Mississippi River) and I handle all WEST coast to include Corpus Christi and Great Lakes.

Drop me a line if I can help.
 
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