It's been a mess...

logcabinlady

Well-Known Member
Registered Member
Let me start by saying that I've been following this forum for several months and am glad to know that I'm not the only one that has had a lot of issues with this process.

I have been in 11 years, all active. I have worked in the medical field the entire time. My job up until it was dissolved earlier this year, requires a lot of bending, twisting, pushing, pulling, etc. I am also exposed to a lot of chemicals and radiation. Because the military uses my profession in a much more independent manner than our civilian counterparts, it is not uncommon to work for several hours without being able to drink anything or use the bathroom without having another staff member relieve me so I can do this. This sounds simple enough, but in reality we work quite a few 24 hour shifts where we are the only one available in the hospital that can do our job and we have no one to relieve us. Also I worked in a dept where all but a couple of us did no moonlighting, so the person making the schedule would run us on a skeleton crew so that others could go moonlight. (this is a whole other can of worms). A lot of times we didn't have the ability to get relieved because of staffing.

In 2013, I had a left nephrectomy after a failed reattachment of my ureter to my left kidney. I have passed many kidney stones from 2006 up until 2013 when i was told that my ureter was very scarred and needed to be repaired. The surgeon (civilian) tried for 7 hours to repair the ureter, but just wasn't able to do it and ultimately had to remove the kidney. I asked my PCM at the time if I would need a medboard after losing my kidney and was told that as long as I don't have any issues with the remaining kidney I'm fine. Fast forward to 2015. I'm told I'm deploying Dec 2015. In Nov 2015, I ended up in the local ER with a kidney stone in my remaining kidney that's causing hydronephrosis. This ended up cancelling my deployment and starting the MEB process. I have been seeing an endocrinologist at least twice a year to prevent further kidney stones from forming and causing further damage. I am taking multiple medications to prevent stones and need my kidney function checked at least twice a year and anytime I might be prescribed an antibiotic or medication that can cause kidney problem. This limits the medications that will be given to me. I am also not to be in an austere environment according to my endocrinologist and have dietary restrictions in addition to needing to drink plenty of fluids and take a diuretic causing frequent trips to the bathroom. I am also not to participate in contact sports.

Besides the nephrectomy with issues in my remaining kidney, I have other medical issues anxiety, depression, osa, other joint issues, etc) the most notable being spinal stenosis, arthritis in my spine, and bulging discs. I am on profile for my back and kidney.

My Medboard started in Apr/May 2016. I finished my C&P exams in Jul. In the mean time I have continued to seek treatment for my back. My commander's letter said I was unfit when this process started. I have submitted letters from my endocrinologist discussing my limitations along with radiology and treatment notes for my back. The Narsum came back and I scratched my head wondering if the doctors even read the C&P results. They didn't even have my job description correct amongst several things. They found me FIT. I tried to appeal and resubmitted paperwork that they had access to through the system, but they said more or less that they didn't care. They then took my profile away and said I was completely fit but only needed electricity for my cpap machine.
The paperwork still went in front of the informal PEB. The informal PEB finds me fit. I have requested a formal PEB after talking with my legal counsel here and Peblo and they suggested to pursue it because they are also scratching their heads on this. I go on 24 Jan for this formal board.
During this time, everyone is scratching their heads around me on how I am found fit given my conditions.

I know that officers are rated differently, but given the current structure of how the Army uses my profession, I really need to be allowed to freely use the bathroom and drink water. I can also not participate in ruck marches, carrying heavy items, and do none of the APFT events.
I am scheduled for back surgery in a few weeks (a week after I return from the formal board). This has also brought up (and I'm not getting clear answers) about what happens if found vs unfit with surgery after the formal PEB. This surgery is medically necessary but I don't want to be in my recovery phase and thrown out on my backside without medical care or still recovering from surgery. Three procedures are going to be done by two different surgeons.
This is all on top of the medical command I work at who treat anyone going through a medboard like they are less than human. This command is supposed to take care of patients, but they don't. They have been horrible and I think my supervisors know more about my history because they talk to the MEB doctors frequently since they are across the parking lot from my work.

I know there isn't my entire history here, but has anyone else gone through the something similar? What am I looking at for having them overturn previous decisions? Despite everyone scratching their heads about my current fit status, am I wasting time going pursuing this?

If found unfit for my kidney, it's an automatic 30% for my nephrectomy alone, thus allowing me retirement. Not sure I'd reach 30% for my back post-op, but I'm at a loss of what to do. I'm tired of this process and the lack of support from the command I have received.
 
@logcabinlady,

Welcome! I am sorry to hear of your disabilities and your challenges with the IDES/MEB/PEB process.

Long story short, sounds to me like you will need to fight out your case at the FPEB. That said, I will offer some thoughts on your post, below.

They found me FIT.
I gather from your post that you have been on active duty for 11 years. Just a question/thought, if you are returned to duty based on being found fit, is this a bad outcome for you? Are you determined to leave the military? What are your goals (I mean, I also gather from your post that you desire to be retired....but, if this is not in the offing, do you see remaining in service)?

The paperwork still went in front of the informal PEB. The informal PEB finds me fit.

Tracking....so, from what I understand, you disagreed and are going before the FPEB. Have you had contact with your assigned military counsel?

I go on 24 Jan for this formal board.

This is your opportunity to present your case. (However, if the evidence is there to support a different outcome than fit, you and/or your counsel can present a request for a "reconsideration" prior to the board. This sometimes results in a change of the findings and outcome).

I know that officers are rated differently, but given the current structure of how the Army uses my profession, I really need to be allowed to freely use the bathroom and drink water. I can also not participate in ruck marches, carrying heavy items, and do none of the APFT events.

Not sure what you mean by "officers being rated differently." (The pay calculations are different, based on officers having a higher base pay, but otherwise, the standards are not different between enlisted and officers).

Are the limitations you describe stated on your profile and included in the NARSUM?

Despite everyone scratching their heads about my current fit status, am I wasting time going pursuing this?

Well, look at it like this. You can't do worse than a return to duty finding (though, what is advantageous to you may turn on your years of service/basic pay, etc.). If you are ultimately returned to duty, you keep drawing your pay. Your question about if you are wasting your time seems to me clear. If you get a retirement finding, you seem to gain money. If returned to duty, you seem to lose no money based on the law. So, I don't see a down side to fighting for a retirement.

I have no idea whether your case has been properly presented and if you could do better if you gathered or submitted additional evidence (though, I suspect that this is the case...the IPEB saw no reason to find you unfit, so you may be lacking good/persuasive evidence to support your case...all of this is a guess as I don't know what your entire case file includes).

Best of luck! Hope this helped!

Jason
 
I gather from your post that you have been on active duty for 11 years. Just a question/thought, if you are returned to duty based on being found fit, is this a bad outcome for you? Are you determined to leave the military? What are your goals (I mean, I also gather from your post that you desire to be retired....but, if this is not in the offing, do you see remaining in service)?

Thank you so much for your insight. I think my biggest predicament at the moment is that if found fit, I will be separated under my mandatory separation for high tenure in July timeframe. I'm having surgery Feb 1 and From what I understand can be a long recovery (>45 days before returning to work and not certain I can return to the type of work I was doing before the hospital closed). My PEBLO tells me that if my recovery goes beyond July (separation date), they (Army) can't kick me out while I'm recovering. She also told me that most likely the MEB process will be restarted after back surgery. Not sure I believe this so much. I don't want to be out and not recovered and able to work.


Tracking....so, from what I understand, you disagreed and are going before the FPEB. Have you had contact with your assigned military counsel?

Yes and she isn't sure what the best answer is given that I need surgery. She asked for statements from co-workers describing our job requirements, but since our dept is no more, everyone has scattered and to make a long story short, things were not on good terms in the dept when it was dissolved.



Not sure what you mean by "officers being rated differently." (The pay calculations are different, based on officers having a higher base pay, but otherwise, the standards are not different between enlisted and officers).

I was told that medical personnel were rated differently regarding job duties since we don't have "real Army" jobs. The Army needs medical, so they are looked at differently regarding performance. At the end of the day though, I can't do any of the hooah stuff -ruck marches, combative, any PT events right now other than walk at my own pace, etc due to my back and kidney.

Are the limitations you describe stated on your profile and included in the NARSUM?

Those limitations were on the profile when it went to the MEB. They took those limitations away despite having a letter from a retired military endocrinologist describing my limitations. They pretty much ignored it completely and put me back to no restrictions. Before my kidney profile, I was on a back profile that was supported by MRIs. They ignored this too. I think the PEB gave too much weight to the MEBs recommendation. One of the issues here is that I guess nephrectomies are pretty rare so they don't know how to handle it (so I'm told).



Well, look at it like this. You can't do worse than a return to duty finding (though, what is advantageous to you may turn on your years of service/basic pay, etc.). If you are ultimately returned to duty, you keep drawing your pay. Your question about if you are wasting your time seems to me clear. If you get a retirement finding, you seem to gain money. If returned to duty, you seem to lose no money based on the law. So, I don't see a down side to fighting for a retirement.

You're right there's no downside to fighting for a retirement. But in my mind I feel like the PEB knows I have a mandatory separation anyways and will deny me any chance of separation or retirement. I came in with two kidneys and a good back and now I don't. I understand the VA will take care of those things, but feel that my career has been cut short because I am unable to perform the same things my peers are doing.


I have no idea whether your case has been properly presented and if you could do better if you gathered or submitted additional evidence (though, I suspect that this is the case...the IPEB saw no reason to find you unfit, so you may be lacking good/persuasive evidence to support your case...all of this is a guess as I don't know what your entire case file includes).



Best of luck! Hope this helped!

Jason[/QUOTE]


Thank you again.
 
Top