Any Chance of Return to Duty?

P

paperclip

PEB Forum Regular Member
Hello,

My husband is an E-6 with 15 years 3 month Active Duty AF. He had a Spinal fusion of the L4 L5 S1 done last April. The Board rated him under VA code 5243 for Intervertebral disc sydrome and came back with a 20% with severance rating. In December 08 his ROM was flexion 38, 42, 42, and they requested an updated one last month, and the new one says Thoracolumbar spine flexion was abnormal 55, 60, 55 degrees. Thoracolumbar spine extension was normal 25 degrees x3, Thoracolumbar spine lateral flexion to the left and right were both normal 30 degrees. He has a lifting restriction of 50lbs, bending duty restriction, no pulling or pushing limitation.

He has disagreed with the IPEB, and is now in the process of getting a date for the FPEB. He really wants to stay in and complete his 20 years. Has anyone been through this, and gotten back to duty at a 20%. Thank you all so much, this forum is so great for info.
 
paperclip,

The most important factor that the FPEB will consider is the impact of the condition on your husbands ability to perform his duties. If he does not have significant limitations, he should be found fit and returned to duty.

I have not really addressed this much, but there were changes in the law after the passage of the 2008 NDAA that indicate that a member who desires to stay on active duty should normally be allowed to do so. This has not been well developed or explored by the military branches, at least insofar as this being executed as policy, but for example, the law requires that the military consider transferring a member to another branch of the military if that is required to find an appropriate job for them.

Hope all goes well for him!
 
Try going to US Army Publication (google search for USAPA). Download AR 635-40 look in Chapter 6 - Continuation on Active Duty and Continuation on Active Reserve Status of Unfit Soldiers.
It has information for soldiers with greater than 15 years and less than 20.
 
Thank you, I will look at it. We have talked to a few people and they are doubting that he will be able to return to duty, so we are getting all his medical records in order and just trying to get as much info about the whole process and maybe an idea of what to expect. Thanks again
 
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