I was found fit recently from the PEB after being directed for a failed operational screening for taking Botox for migraines. I was told I would be potentially be adsep if I went not world wide assignable, but I cannot deploy due to medicine not being able to be administered on the ship. What can I do? I’m over 15 and in the Navy.
Found Fit…Specialist recommends not worldwide assignable
- Thread starter Kyles_winning
- Start date
Are you active duty or NG/Reserves?
Active duty
Navy leans fit. I don't see why they would MEB you over Limited Duty Assignment. If MEB'd the goal is to not minimize your symptoms and get rated for referred unfitting condition (s) to total 30% or higher. If you they did kick you out before 20 years its a HUGE loss. No Tricare for life. A big severance check that ends up being a loan because the VA disability received for any conditions that are unfit are withheld and recouped to pay back the severance check.
Also, there isn't a way to Admin Sep you for medical unless you sign off on it which would be throwing everything away. They aren't going to separate you and you were just found fit so my guess is that they will need to move you to a new position and you can limp along until you can retire.
The USN does lean toward fit. It gives Navy detailers trouble. But it is their trouble, not yours. If the USN doesn't want to find non deployable people unfit, then the USN has to live with the consequences. I believe the USN policy is not IAW with DoDI, but it would not be the first time a service has just pressed on their way.
1. Have your IDES attorney or private counsel request a copy of the TRIM file- the in-house Navy PEB case file- and review the JDETS working card. The JDETS working card contains the informal notes to the IPEB members and will give you greater insight into how they came to that result.
2. You can then "reverse engineer" the process to determine whether they focused on the medical or nonmedical evidence. On the nonmedical evidence side, you may need an updated NMA or nonmedical evidence letters demonstrating how migraines adversely impact you in the military workplace. On the medical side of the house, you may need to have your specialty provider draft an addendum or a memo clarifying any symptoms or limitations that were not clear to the IPEB members or misunderstood by them.
3. This plan of attack will provide you and your counsel with the ability to craft a case brief (with supporting medical and/or nonmedical evidence) in support of a request for a formal hearing that demonstrates that you are, in fact, Unfit.
4. However, the clock is ticking on your deadline for your selection of options. If you do not meet the deadline, you will be presumed to have accepted these findings. Thus, you need to get in touch ASAP with your IDES attorney or private counsel to determine whether an appeal is feasible.