ART pending non-duty related FPEB with 2 LODs

MSgt ART

PEB Forum Regular Member
Registered Member
I've been an avid reader of this forun, and finally worked up the nerve to post.

I was originally injured as a reservist on long term orders diagnosed my military doctors as having a neck strain with cervical DDD in 2010. I deployed in 2011, and did so well during the deployment I was hired as an AF Reserve Technician. My AMDS refused to process a LOD for the injury although a safety report was filed. Then in 2011, I injured my SI joint as I adjusted my crunch technique in an effort to limit jarring my spine because pressure was to keep doing full fitness assessments. LOD was approved and sent via certified mail.

In 2013, I was referred for a MEB which was changed from a non-duty related to a duty related after substantial support by my chain of command. This was substantiated by clinical notes from a rheumatologist and 3 spinal surgeons plus 3 civilian radiologist due to misclassification of 2 herniated & 1 bulging disk in my cervical spine with positive nerve impingement findings & negative carpal tunnel. My wing final submitted and ILOD for the neck condition, but I could only see on base providers as it was not finalized by AFRC/SG. I was RTD with fitness restrictions only from duty related MEB, but never assigned a PEBLO through AD to coordinate treatment.

In 2015, I received notice from my civilian insurance indicating they would no longer cover any spinal treatments, and rejected coverage for RF ablation and facet injection. At this point I still had not received AFRC/SG decision regarding cervical spine LOD. I ended up spending over $5k out of pocket in 1 month alone.

Each year I sent my rheumatologist records and a statement indicating that I was still awaiting spine LOD, as well as reporting both through my physical health assessment with no response. In 2017 I finally received a copy of ILOD that AFRC/SG has changed to EPTS-Service Aggravated, but I was not afforded the ability to rebut, but I was happy I could finally resune getting treatment. I filed my LOD with AD clinic, and requested off base referral. Due to issues with the referral process, radiology backup, and need by AMDS to have current records, i spent another $3K obtaining treatment excluding 2 office visits, 1 facet injection, and on base chiropractic adjustments. In 2018, I returned to flight medicine to get updated referrals including physical therapy due to a referral department, physical therapy treatment was not covered. Finally resolved the referral issue but needed an updated referral from flight medicine to fix it. Made appointment refused treatment by MTF as AMDS had not been filing updated ILODs and reviewing annually for reservists.

2019 another $3K dropped for physical therapy to get updated records. Notified by AMDS that AFRC had requested a full new MEB as my case had been sitting for over a year. New MEB submitted without line of duties or other required supporting documents. Notified of referral to non-duty related IPEB for cervical spine condition, and requested appointment to review package. Confirmed by AMDS that the package was submitted incorrectly, but AMDS unwilling to correct the package. Submitted IG complaint June 2019 open with no activity since Aug 2019.

Civilian doctors: duty restrictions limit overhead activities with items over 40lbs, no 1.5 run, pushups or situps. Medication: hydroxychloroquine 200mg twice a day, and diclofenac 50mg once a day as needed.

Prior to Dec 2021 AMDS: no travel, driving GOV, working at height, precision work, lifting 25 lbs, or driving to/from work. Fitness restrictions

Dec 2021: AMDS 469: no precision work. No lifting items over 40lbs above headFitness restrictions. (This was updated after my commader called and asked why it had not been updated). Unfortunately the NARSUM conflicts with 469 indicating that I have mobility restrictions.

I have a pending non-duty related FPEB date of 9 Feb 2022; however, my NARSUM conflicts IMR/469 and I am on my 3rd ODC lawyer. The first lawyer said they were only concerned with cervical spine. The new lawyer says he wants everything. I was advised that I should pursue the FPEB RTD arguments as my goal is 20, and submit SECAF appeal for duty related. I also have not been able to be scheduled for VA comp evals due to COVID

I am at my wits end. I am on my 4th extension and have been unable to change jobs, promote or use TA for over 4years.

Any suggestions or words of wisdom would be greatly appreciated.

Thank you,
 
Potentially unfitting conditions:
Rheumatoid Arthritis
Sacroilitis (lod)
Cervicalgia / Occipital migraines / 2 herniated & 1 bulging disk in cervical spine (lod changed by AFRC/SG to EPTS-Service Aggravated)
 
Additionally AMDS had findings during UEI for not keeping DAWG cases medication list current and flight doctors not being correctly trained to complete DAWG reviews.
 
I've been an avid reader of this forun, and finally worked up the nerve to post.

I was originally injured as a reservist on long term orders diagnosed my military doctors as having a neck strain with cervical DDD in 2010. I deployed in 2011, and did so well during the deployment I was hired as an AF Reserve Technician. My AMDS refused to process a LOD for the injury although a safety report was filed. Then in 2011, I injured my SI joint as I adjusted my crunch technique in an effort to limit jarring my spine because pressure was to keep doing full fitness assessments. LOD was approved and sent via certified mail.

In 2013, I was referred for a MEB which was changed from a non-duty related to a duty related after substantial support by my chain of command. This was substantiated by clinical notes from a rheumatologist and 3 spinal surgeons plus 3 civilian radiologist due to misclassification of 2 herniated & 1 bulging disk in my cervical spine with positive nerve impingement findings & negative carpal tunnel. My wing final submitted and ILOD for the neck condition, but I could only see on base providers as it was not finalized by AFRC/SG. I was RTD with fitness restrictions only from duty related MEB, but never assigned a PEBLO through AD to coordinate treatment.

In 2015, I received notice from my civilian insurance indicating they would no longer cover any spinal treatments, and rejected coverage for RF ablation and facet injection. At this point I still had not received AFRC/SG decision regarding cervical spine LOD. I ended up spending over $5k out of pocket in 1 month alone.

Each year I sent my rheumatologist records and a statement indicating that I was still awaiting spine LOD, as well as reporting both through my physical health assessment with no response. In 2017 I finally received a copy of ILOD that AFRC/SG has changed to EPTS-Service Aggravated, but I was not afforded the ability to rebut, but I was happy I could finally resune getting treatment. I filed my LOD with AD clinic, and requested off base referral. Due to issues with the referral process, radiology backup, and need by AMDS to have current records, i spent another $3K obtaining treatment excluding 2 office visits, 1 facet injection, and on base chiropractic adjustments. In 2018, I returned to flight medicine to get updated referrals including physical therapy due to a referral department, physical therapy treatment was not covered. Finally resolved the referral issue but needed an updated referral from flight medicine to fix it. Made appointment refused treatment by MTF as AMDS had not been filing updated ILODs and reviewing annually for reservists.

2019 another $3K dropped for physical therapy to get updated records. Notified by AMDS that AFRC had requested a full new MEB as my case had been sitting for over a year. New MEB submitted without line of duties or other required supporting documents. Notified of referral to non-duty related IPEB for cervical spine condition, and requested appointment to review package. Confirmed by AMDS that the package was submitted incorrectly, but AMDS unwilling to correct the package. Submitted IG complaint June 2019 open with no activity since Aug 2019.

Civilian doctors: duty restrictions limit overhead activities with items over 40lbs, no 1.5 run, pushups or situps. Medication: hydroxychloroquine 200mg twice a day, and diclofenac 50mg once a day as needed.

Prior to Dec 2021 AMDS: no travel, driving GOV, working at height, precision work, lifting 25 lbs, or driving to/from work. Fitness restrictions

Dec 2021: AMDS 469: no precision work. No lifting items over 40lbs above headFitness restrictions. (This was updated after my commader called and asked why it had not been updated). Unfortunately the NARSUM conflicts with 469 indicating that I have mobility restrictions.

I have a pending non-duty related FPEB date of 9 Feb 2022; however, my NARSUM conflicts IMR/469 and I am on my 3rd ODC lawyer. The first lawyer said they were only concerned with cervical spine. The new lawyer says he wants everything. I was advised that I should pursue the FPEB RTD arguments as my goal is 20, and submit SECAF appeal for duty related. I also have not been able to be scheduled for VA comp evals due to COVID

I am at my wits end. I am on my 4th extension and have been unable to change jobs, promote or use TA for over 4years.

Any suggestions or words of wisdom would be greatly appreciated.

Thank you,
I would talk to a dedicate private attorney. You need someone dedicated to your case and knows the laws to combat getting screwed over.
 
100% agree with Provis... and you have zero time to do this. Feel free to choose between the multiple PEB lawyers out there, but @Jason Perry is a good dude. www.peblawyer.com

Just a heads up, it's going to cost you a couple grand at least to retain a good lawyer but from what said in your post, it's worth it because the AF is trying to hose you. AFRC does this so often that I don't even know what to think anymore. It feels malicious on their part.

Just to help alleviate some stress, for medical reasons like this, you can "retire" at 15 years from the reserves so don't feel like you will get nothing if you can't make it to 20. Obviously getting the 20 year letter would be great, but don't think it's an all or nothing scenario.

Bottom line - Contact a civilian PEB lawyer ASAP
 
Update thanks to a command section that truly supported my return to duty, an ODC was patient with 5 years of process anxiety, and witness letters from my supervisors, coworkers and troops including some who worked with me when the initial injury occurred... I was notified by ODC that FPEB has approved Returned To Duty without actual formal board session.

Still waiting for official paperwork.

Thank you for an opportunity to vet my anxiety over the situation.
 
Update thanks to a command section that truly supported my return to duty, an ODC was patient with 5 years of process anxiety, and witness letters from my supervisors, coworkers and troops including some who worked with me when the initial injury occurred... I was notified by ODC that FPEB has approved Returned To Duty without actual formal board session.

Still waiting for official paperwork.

Thank you for an opportunity to vet my anxiety over the situation.
Congratulations !!!
 
For those wishing to return to duty, i was also originally prescribed tramadol and flexeril by military doctors. My spinal surgeon changed tramadol to ultracet as the pills can be halfed... I only used either sparingly, but have stopped taking even tylenol for almost 2 years, so I can immediately feel when my neck or joints start to hurt. Reading some of the other forum posts, i thought this might be helpful.

Official 362 fit and return to duty concur with previous duty related MEB ALC code and fitness testing restrictions. Noted no reason for new MEB unless significant change in condition.
 
Update thanks to a command section that truly supported my return to duty, an ODC was patient with 5 years of process anxiety, and witness letters from my supervisors, coworkers and troops including some who worked with me when the initial injury occurred... I was notified by ODC that FPEB has approved Returned To Duty without actual formal board session.

Still waiting for official paperwork.

Thank you for an opportunity to vet my anxiety over the situation.
Would you happen to have a an example of the witness letters? I’m trying to help a soldier with her rebuttal and the office of soldiers counsel has been hard to reach because they all telework.
 
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