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APDA Guidance Requesting Medical Evaluation Board (MEB) Update

APDA Guidance Requesting Medical Evaluation Board (MEB) Update December 19, 2014

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Jason Perry

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Jason Perry submitted a new resource:

APDA Guidance Requesting Medical Evaluation Board (MEB) Update - Guidance on Timeliness of MEBs

This Army Physical Disability Agency memorandum (SUBJECT: Physical Evaluation Board (PEB) Procedural Guidance Memorandum #2: Requesting Medical Evaluation Board (MEB) Update), issued on December 19 2014, requires that, "When the Soldier presents the PEB with additional information that the PEB determines raises an issue regarding whether the Soldier is fit or unfit for an additional condition, the PEB will re-engage with the MEB."

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Read the Memo, sound great in theory but doesn't work so well in real life. My case was sent back to the MEB for code 104. At my first CP opometry exam, they diagnosed me with convergence insufficiency and told me to see a neuro opthalmologist to rule out myasthenia gravis. I got w tricare referral to a neuro opthalmologist only one of three in the entire state of Nebraska and she diagnosed myasthenia gravis. So I send her diagnosis to the MEB and they refuse to add it or change their opinion. I had circumvent ides to ask someone high up in the VA for new CP exams. VA granted them by the time that happened I was in the VARR stage. I also went on my own for a second opinion from a different neuro ophthalmologist and showed him the PEB denial memorandum and so he wrote a second opinion concurring that I have this disease and completely shredding the PEB logic. It was for these reasons only that the PEB remanded my case back to the MEB for code 104. It worked for me, but not how it was intended to work. It's nowhere. Near as easy as this memo makes it appear. The new medical evidence has to be very strong indeed. Additionally during that same time I had a mayo clinic neuro exam showing leg weakness and gait issues and a VA PFT that looked consistent with myasthenia gravis. So I saw a total of 7 doctors, all scheduled by me... Not the Army in order to get this code 104 to work.


PEB Forum Regular Member
I wrote my own letter/response to the USAPDA, I cited this memorandum, there was no favorable resolution of my case.

The response from them was encouraging, but still did not help in the long run. I'm sharing so others understand things still don't always work out the way we would like them too.

Due to people's short attention span I will keep this as brief as possible.

Throughout my IDES case I was asking for my Kidney Failure be added so that service connection would be established, and I wouldn't have to navigate the problem plagued claims process by the VA.

I included supporting documentation in the form of the off-post nephrologist medical notes that clearly indicated a diagnosis of the kidney failure, I also included lab results.

The response from the PDA was, "neither the PDA nor PEB has the authority to add additional conditions, this is the purview of the local MEB".

I reengaged and requested a meeting with the CMO of Fort Benning, MACH. Instead, the admin assistant in the command group scheduled me with a LTC (MD), I was led to believe he was the adjudicating authority, s/p a recent restructuring.

He reviewed everything, he spoke with the CMO, and the IDES section: my MEB Physician who also serves as the Senior MEB Physician.

The response I received was the same as all the others. "You already have such a high rating, isn't it irrelevant? You're follow along care will already be provided regardless of the VA not having made an official decision because it's in your medical records, you don't have anything to worry about."

All I heard was another person telling me the same old line, "you already have such a high rating, you're kidney failure is irrelevant."

WTF right?

I gave up after that, I had exhausted all of my appeals besides for the Army Board of Corrections, which is pointless to me because my priority is service connection. IMO, I'd be wasting my time when I need to focus on the post service claims process.

At some point I'll get around to posting a sterilized copy of the response from the PDA, I just haven't done so at the present moment.

In closing, as much as I thought the memo would have left no room for discussion, I have to file a claim for kidney failure after I'm separated. The big green weenie strikes again.

Try to keep you're head up folks, hopefully some day in the future what's in writing may actually be enforced, however, I'm to exhausted to care anymore.