How to fight a not unfit finding

Trevis Kelley

PEB Forum Regular Member
PEB Forum Veteran
I was in the USAF. IPEB and FPEB found my asthma to be fitting for service even though VA had a proposed rating for 60% on the asthma condition. I was medically separated at 0% based on other medical conditions. What I am trying to find out is what, other than AFI 48-123, can give me information on ratings found fit or unfit? Is there somewhere that has criteria on what would be fit/unfit? All I really saw in AFI 48-123 is that there are a lot of conditions that could be rated as unfit, but I saw no criteria that stated in a clear-cut way that said what should be fit/unfit.

I am looking at building a case for the BCMR and am trying to make it as clear cut as possible that my asthma should have been found unfit.

Thank you all in advance for your advice/help!
 

maparker

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
See the fitness standards in DoDI 1332.38. When were you discharged?

Mike
 

usafaviator

PEB Forum Regular Member
PEB Forum Veteran
Trevis, I remember some of the points in a few of your older posts. If the VA determined that you met the 60% threshold, you either had to have markedly decreased FEV/FEV1 or DLCO numbers or have had at least three rounds of oral (not inhaled) systemic steroids (prednisone, etc.) in a year. How in the heck did the PEB/FPEB not concur with that? I'm a bit confused- as long as the 60% criteria is met, it should have been an easy kill. :confused: It sounds like you may have warranted a different outcome.
 

Trevis Kelley

PEB Forum Regular Member
PEB Forum Veteran
See the fitness standards in DoDI 1332.38. When were you discharged?

Mike
Mike,

I was discharged in September 2012. I am awaiting my award letter which I think will be coming soon. I plan on using that as part of my package to go to the BCMR. Thank you for the instruction. I will be checking that out!

usafaviator,

I met the rating requirements based on FEV1 numbers. I cannot use an inhaler as my numbers get worse on one. I have not been able to tolerate any of the medications given to me for the asthma. In my original MEB, asthma was listed as unfitting. Then, when my IPEB came back, it was mysteriously moved to be fitting. No explanation. The not being on medication is the main reason I was denied at FPEB. I did not appeal to SAF, which I realize may hurt me. My command was not particularly fond of me which made life difficult while in, especially since I could not meet the waist standards for PT. They were starting to process a dual-action discharge for PT failures when I accepted FPEB findings (which I had not been told, but I knew that was their next step). I didn't want to deal with that (and I was afraid of how it would turn out - especially given the outcome at the FPEB), so I accepted. My command was not evil per se, they just didn't want to help in any form or fashion and would jump at every little mistake.

I appreciate the quick responses! I will let you know what I can find out!

Also, is there any way to look at past PEB decisions (esp FPEB)? That would probably be helpful if decisions are inconsistent...

Trevis
 
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