FPEB Preliminary Results 19 Jul 2011--Return to Duty

lewisjohn

lewisjohn

PEB Forum Regular Member
PEB Forum Veteran
I've been reading this forum and the VASRD alot lately. The main issue I'm having is with the rating of my ankle injury. The IPEB coded it
Chronic right ankle pain, status-post repair of Maisonneuve fracture 20% 5262 code.
5262 is a code dealing with the tibia/fibula, malunion of, with knee or ankle disability. My question is should this have been rated under an actual ankle rating, specifically 5270 as ankylosis of and rated based on my ROM? I had to look up what ankylosis is, not related in any way to the ankle..lol, but it is
  1. Pathology The stiffening and immobility of a joint as the result of disease, trauma, surgery, or abnormal bone fusion.
My ankle injury was caused by a car striking me while standing in a restaurant, it was severe and had it not been for some good combat boots i may have lost the foot. The surgery required held the tib/fib in place allowing the tendons and ligaments to scar other wise my ankle would continously pop out of the joint. I was told that tendons and ligaments once torn do not heal, but scar and their elasticity is affected. My question is how do they measure ROM for the ratings... my most recent ROM done in Jan2011 had plantar flexion as 48 degrees and dorsiflexion as 12 degrees.
 
VASRD Research how is ankle ROM measured

Thanks, that helps... the ankle is not fused, i have range of motion that allows me to walk pretty much normal without too much of a gimp. Only when i'm trying to run or do a fast walk does it become really noticeable, as it gets increasingly painful. I am curious if the board would consider a return to duty...in the narrative summary the last line states Pt was seen nov 2010 and discussed arthroscopic surgery if symptoms worsened, but symptoms would be monitored at this time? If there is a surgery that would possibly return me to normal or improve my condition would that help my case?
 
VASRD Research how is ankle ROM measured

You could argue for return to duty...it seems like you are far along in the process to get your ducks in order on this, but it is possible. I think you would be looking for support from chain of command, a favorable prognosis from doctors with surgery, and anything else showing you can perform your duties well. Hard to say whether this is your preferred course of action...I hate to sound like a broken record- I have written this a few times today- but each case is different and really depends on all the facts and circumstances.
 
VASRD Research how is ankle ROM measured

In my heart a return to duty is what I want, however I want to ensure what ever action I take is in the best interest of my family and myself. I also believe a return to duty satisfies this requirement...the only thing that pulls at the back of my mind is the possibility of future medical issues and possible pt failures stemming from these that would allow big AF to discharge me without any medical anything or other consideration. I have also determined I would be willing to accept an LAS as this would allow me to complete 20years AD and retire, I would also have plenty of time to finish my degree, and beef up my resume as was my plan. Of course it would be awesome if next year I could make the cutoff for E7..missed it by 34 points this year, my second time testing. My Commander has RSVP'd for my FPEB to speak on my behalf, his CC letter plainly stated my medical problems do not affect the home or deployed mission of my unit. I have received nothing but 5's my whole career (minus one 4 after S. Korea). I'm considered knowledgeable in my career field and don't usually have trouble picking up tasks that may be considered outside of my normal career field. My top defect is my PT ...I've complained as little as possible about any medical issue trying to prevent an MEB, but now that the new reg states concurrent profiles for a time require it, there was no way around it. I really just feel a victim of the current state of the economy and the drawdown attitude of our military. That's the only way I can rationalize my proposed discharge when I personally know 3 of my buddies that were returned to duty on a limiting code a in a range from a few to a couple of years ago and basically can't do jack physically...let alone deploy and only tape for PT. Who knows, I can only pray and do my best to ensure I'm as well educated before going to my formal hearing as I can be. I'm hoping I'm not too far along in the process to reasonably hope for a RTD, really wish I would've known more before my package went to the MEB, I would've had the same ducks tho...but maybe i could've groomed them a little better...lol
 
VASRD Research how is ankle ROM measured

I have a question for the folks that have attended the formal board, what do you wear? I was planning on wearing service dress blues, but was curious. Also I'm in the process of trying to get a referral to see my ortho doc and ask if arthroscopic surgery would be corrective for my ankle pain. wish me luck...thanks all for the comments, advice and support!
 
VASRD Research how is ankle ROM measured

lewisjohn said:
I have a question for the folks that have attended the formal board, what do you wear? I was planning on wearing service dress blues, but was curious. Also I'm in the process of trying to get a referral to see my ortho doc and ask if arthroscopic surgery would be corrective for my ankle pain. wish me luck...thanks all for the comments, advice and support!
Click to expand...
Found my answer on the question on what to wear...lol.
AFI 36-3212
3.40.3. Tells the member that active duty and ARC members must wear the service uniform unless they can not wear it for medical reasons. Wear of the military uniform must conform with all requirements of AFI 36-2903, Dress and Personal Appearance of Air Force Personnel.
 
VASRD Research how is ankle ROM measured

Everyone wears ABUs or Flight Suits. They still tell you to report on Mondays with Blues. Over the past 4 years, I have only had two airmen appear in blues. The regulation does state that, it just doesn't comport with what actually happens.
 
VASRD Research how is ankle ROM measured

I actually just had a FPEB scheduled for a Monday. When I was talking to the FPEB office, I asked specifically, and they confirmed that Mondays are still days when blues are worn. Otherwise, it is like I said above, ABU's or Flight suits as appropriate.
 
VASRD Research how is ankle ROM measured

Thanks Jason, I appreciate the info...while reading the AFI referenced for the uniform it also says when/if member disagrees with unfit findings they have the option to submit a short rebuttal with their response...would this be recommended? Would it count against me if I didn't? I did not know about this until today while re-reading the reg, and I have to submit my decision tomorrow...
P.S. I would like to uploade a couple of files, the witness Q template for AF FPEB and the FPEB Q's for member, I haven't been able to do anything other than upload a link but this is not online...
 
VASRD Research how is ankle ROM measured

I think most people don't submit a rebuttal. I don't think it counts against you. Normally, if I think that I have a "smoking gun" piece of evidence that I am confident is dispositive, I would say it makes sense to submit a rebuttal. On the other hand, if I think the evidence is close, I tend to see value in waiting until the formal and presenting the evidence along with your testimony. This is more of an art than a science, but if the rebuttal is not strong, it tends to make me think that you diminish the impact of that evidence later. That is, they start with the idea, "yeah, we have seen that before, we already rejected it, so the answer is the same." However, if that evidence is combined with testimony and starts to paint a different picture, I think it make be more effective. Hit them all at once rather than piecemeal. It's a judgment call.
 
VASRD Research how is ankle ROM measured

Here is my short rebuttal...there is no hard evidence so I may wait to present this reasoning in person..esp...if there is no negative to not submitting one. I've just always heard anytime you have the ability to submit a rebuttal you should...lol

Distinguished Board Members,

I, _____________, am requesting your consideration of my rebuttal to the IPEB finding me unfit with the recommended discharge with severance pay. The findings of the board are contrary to the professional recommendations given by both my unit Commander as stated in the Commander’s letter and PA/MD..etc in my narrative summary closing statement. Please refer to my rebuttal; attached to my AF Form 1180 as authorized by AFI 36-3212. Thanks for your consideration in this matter.




JOHN D. SNUFFY, TSgt, USAF
XXX-XX-XXXX
 
VASRD Research how is ankle ROM measured

I signed my AF1180 today...I am now awaiting my appointment for the Formal PEB in Lackland. I was told it should take about 30 days, but I was also told that my action officer is the slowest at turning paperwork around. We will see. At this point I'm in no hurry but I still want to get this done and hopefully return to duty so I can concentrate on doing my JOB!...lol. Hope everyone enjoyed their Memorial Day Weekend, to those that gave all, or were injured or served in any capacity, remember that day is for you. It may seem bittersweet to some, but it is earned no question.
 
VASRD Research how is ankle ROM measured

Got my scheduled appt for the FPEB today, 18 Jul 2011 is my report date to Lackland, I'm really nervous. It really just seems like luck of the draw with what may or may not happen. So far my luck has sucked, as a 15yr TSgt all I wanted was to finish out my 20 and hopefully make MSgt before retiring. I didn't go asking for an MEB or disability ratings, but I will make the best of whatever happens.
 
VASRD Research how is ankle ROM measured

Your argument for retirement needs to center on what conditions contribute to unfitness and how they are rated per the VASRD. They won't care what your commander or PA/MD say about what your ratings should be as they are not supposed to be commenting on ratings. Know yopur conditions, expalin how they make you unfit per the fitness standards of DoDI 1332.38 and demonstrate what the proper ratings are for these condtions per the VASRD.

Mikes
 
VASRD Research how is ankle ROM measured

I'm not trying to retire, I'm appealing for a return to duty or at least and LAS if that is possible. I'm just not done with what I want to do yet. But if the AF can't use me then I'll move on to my next career a little sooner than planned. My CC's testimony to my ability to do my job and the character references I'm bringing with hopefully will show the board, I'm no slug...I've excelled in my career field(s) and assigned duties, I just was unfortunate in health and luck..lol. I didn't cause a collapsed lung, it just happened, and I surely didn't cause and old woman to drive her Mercury Grand Marquis through the front window of the resaurant my family and I were in. But there is no such thing as "fair" in life. My main concern is that if they still find me unfit I may have screwed myself out of petitioning for a higher rating because I've stressed on my abilities to do my job. In that respect however if my ankle/lung injuries are so limiting that I can't remain then I do believe that a retirement would be the just and fair thing to offer rather than a severance..but like I said, there's no such thing as fair when the needs of the many outweigh the few.
 
VASRD Research how is ankle ROM measured

Dear lewisjohn:

One thing that hit me when I read how that little old lady ran her car into the restaurant window you and your family were dining in.....

Have you looked into your medical situation to see if you qualify for that TSGLI insurance?

You know, that extra insurance we pay a buck or two every month out of our paychecks that is seperate from SGLI?

The reason I ask is that my PEBLO lady, whose been on the job for over 10 years, told me during our mandatory MEB/PEB briefing, that depending upon your medical injuries and conditions, and how they affect your ability to be self-sufficient and get around (or not), that Servicemembers (SMs) can qualify to apply for TSGLI.

The thing that came up in my mind about your situation is that my PEBLO also said this TSGLI covers qualified SMs who are injured here in the States, and, TSGLI is NOT limited to only those who have sustained battle injuries, etc. She told me that she has one SM that qualified for TSGLI due to TBI from an auto accident here in the States.

Have you checked out TSGLI to see if your current or past medical injuries/hospitilization from this freak auto accident in the restaurant qualifies for TSGLI?

Apparently, TSGLI coverage is more broadly defined now than it used to be. And some folks that applied early on for TSGLI and were rejected for it, are now qualified and should re-apply as well.

v/r,
nwlivewire
 
VASRD Research how is ankle ROM measured

John,

Best of luck and yes getting to twenty would be golden for you. I was found fit for duty and given an 80% combined VA rating effective the date I retired for length of service.

Mike
 
VASRD Research how is ankle ROM measured

John

Best of luck buddy, I pray they find you fit or adequately retire you with what you've worked hard for.
 
FPEB Scheduled for 18 Jul 2011--Wish me luck

I have finally received my CSA card so hopefully now I can continue with getting my travel orders completed, I'm hoping to drive (POV) to San Antonio, would like to have my family with me, if not I will fly. I have collected a number of letters following the witness question template sent to me by AFPC JA, I hope the letters will help present the board with my work ethic and capability to perform my duties. I'm ready to get back to work and focus on getting that elusive rooftop stripe! E7 2012...come on baby!...lol.
 
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