Adding Referred Conditions MEB/PEB

magnus017

PEB Forum Regular Member
Registered Member
Hello all,

I'm an Army drilling guardsman with 10 years of active duty time (pilot). Separated 2023 from active duty with 100%. Tried the guard for the past few years (non-aviation) and I just can't physically do it any more. I'm at 18 good years (was Marine reserves for 8 years). Currently a CW3. I recently started my federal med board (I'm on like day 4).

Initially at my annual PHA last December (really it was last July but guard time) I brought up all of my concerns/unable to do the range/ACFT/deploy/etc. The nurse case manager started my packet. I initially referenced both my lower spine (degenerative disc diseases, numbness/tingling in both lower extremities), as well as my cervical spinal stenosis, upper radiculopathy, and shoulder range of motion problems resulting from that (all of that is already VA rated). I went over all of that and by march I had my permanent profile and my state (local) medical team convened to determine if I was retainable or not and whether or not I needed LOD's, etc.

So they found me unretainable and sent all of my stuff up to the federal level to start the official MEB/PEB process, but the only referred conditions on my P3 are lumbar/degenerative disc disease and the lower radiculopathy. No reference at all to my upper spinal issues (which from a diagnosis, day to day living, and imaging standpoint, are far worse than my lumbar). I tried sending my VA ratings (for the cervical/shoulder/upper radiculopathy) and newer imaging to my PEBLO but stated that no additional referred conditions can be added at this time. The PEBLO seemed to think I'd be just fine hitting the 30% threshold for a DoD medical retirement, but I'm not so sure. I also would rather the process operate off the whole picture of my entire back instead of just my lower back. The VA coordinator (the second person who reached out to me) told me my PEBLO was known for doing the bare minimum (his words not mine), and that getting anything added at this stage would have to be at the unit level (so adding another P3 profile). I'm trying to do that now with our state surgeon but not sure if I'm getting much traction (certainly not within the right timeframe).

My questions are these:

1. Can I realistically expect to be able to have the upper spine/related issues added to my MEB/PEB/both?
2. If not, what are my options?
3. Should I hire an attorney? If so, sooner rather than later? I'm at day 4 of MEB. (I have the resources to do so)
4. What else am I missing? Any advice?

Thank you all so much! This forum has been very informative so far!
 
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