found UnFit for duty

W

wvarngwife

PEB Forum Regular Member
My husband has been in the West virginia ARNG for 11 years now. he was depolyed to Iraq 2004-2005 (returning march 2005). In Sept 2006 he was rushed to the hospital with an elivated glocose reading of almost 500. he was first started on pills and exercise but became progressigly worse so was then placed on short acting and long acting insulin. by this point he was up to 6 shots of insuiln a day. All during this process is unit was aware of his condition, allowed him to drill, even allowed him to deploy state side for flood duty. it wasnt until his unit was called up for its second deployment that his diabetes came into question. he was given a perminant profile and was placed on rear detatchemt. at this time he was told he needed to sigh his discharge papers. we did enough research to know that he was being "short shafted" so he refused and we started making calls. we got a letter today in the mail that stated he was found unfit for duty through the PEB and his disability rating was 0% and we had 10 days to agree, appeal, or go for a formal hearing. this is where we are very lost. why no disability rating? and if we appeal or go to a formal hearing what do we need. At this point we are so lost and confused and no one in his unit/headquarters has any advice to give us. Any help or advice would be awesome!!!

Thank you from a very sick and frustrated wife!!!!
 
In your case since you are rated UNFIT at 0% you have nothing to lose if you appeal or request a formal (there is a difference between the two). What you may need to do is look at the VASRD to check the rating percentages your husband should be awarded based on his condition. They have already found him unfit. If the VASRD does not line up with the DoD percentage, then you need to try to figure out the disconnect between what the VA rating (if anything greater than 0%) and what the DoD rated.

The link to the VASRD is here:

38 CFR Book C, Schedule for Rating Disabilities - WARMS Library
 
We have looked it up and he should be the 40%. Which is a better route to go, appeal or go formal PEB? It is very different here since he is National Guard and no one seems to have a clue what to do. He has other health issues but they were never brought up throughout this whole process, why is that?
 
Sounds like you need to do both- fight to have additional conditions added as unfitting at formal board and also request rating reconsideration request. Also sounds like you either had bad or lacking advice because ideally your husband should have raised the issues of conditions that fail retention standards at the MEB (presumably this was not done if they did not address other conditions at IPEB; maybe I am wrong on this point, though).
 
we were told about a year ago they were going to send his file to the MEB and that was the last we heard about it until we got an email today saying we had 10 days to appeal, agree, or go to the FPEB. We had no communication with anyone throughout this process. we are at a loss for help!!!
 
this is the letter we received today telling us he was found unfit for duty.


1.The PEB has carefully reviewed the information provided for the evaluation of your fitness for continued military service. In making the fitness determination the PEB has applied the criteria specified by DoD Directive........

2. the findings and recommendations of the PEAB are indicated on the enclosed DA for 199 (PEB Proceddings). Request you review the form with particular attention to the determination of fitness indicated in block 9. the rational for this determination is indicated in block 8

3. Block 13 election of the soldier on page 2 of the DA form 199 is for your use to indicate your concurrence or nonconcurrence with the PEB's findings. the form specifies your options. if you have been found to be unfit for for continued service you may demand a formal hearing if you bleieve that you can satisfactorily continue to perform your ditues sespite your medical condition. you should also submit a written statement explaining why wyou should be found fit for duty and the PEB will reconsider your case. as a non duty related cse, only the issue of fitness can be addressed by the PEB. issues relating to the line of duty, service aggravation or entitlement to disability compensation can no be presented.

4. you must return your election in the slef-addressed return envelope enclosed or fax to ,,,,,,,,, within 10 days indicating you rconcurrence or nonconcurrence with the findings of the PEB. your written appeal must also be provided to the PEB within the 10 Days. If your election is not recieved within the 10 day period your conncurrence with be presumed and your case will be forwarded to the usarmy physical dibility agency for final action. failure to reurn you election within 10 days my result in the recommendations of the PEB being implemented.
 
also on the front page of this stack of papers it says ..... Does this mean disability rating 0%
disability description
b

Diabetes mellitus, insulin dependent

Reserve Component Non-Duty Related Fitness Determination
 
I answered your PM covering your questions. Check your Inbox.
 
Diabetes is a tricky one, I was diagnosed with Type-1 in the Marine Corps, medically retired @ 40% rated by both the VA and Navy, then after 2 years on TDRL the Navy tried to drop my rating to 20%. It took educating my Dr to correctly dictate his assessment to include all the VASRD Language for 40% to include "must avoid strenuous occupational and recreational in order to avoid further hypoglycemic episodes" without that statement you will not receive 40%. All type-1's have lost pancreatic function due to destruction of their beta cells. Therefore their bodies can not monitor blood glucose levels allowing the body to self regulate glucagon secretion or insulin production based on glucose levels. Including a paragraph about loss of pancreatic function and the fact it is a permanent condition is a major piece that the endocrinologist should include in his dictation as well. Not to mention insulin pumps and/or shots are a prosthetic type of pancreas since your body does not have the ability to perform that function. Let me know if you want further help and I can provide you with more detailed information as I went through the same process a couple times with the Navy PEB until they permanently retired me @ 40%. You can contact me on PM
 
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