MEB Repeal Dropped existing UNFIT condition

[Ifly64s]

What does AR 40-501 state as the retention standards for these conditions? You can submit a letter directly to the PEB explaining why the conditions don't meet retention standards per AR 40-501. If you are grounded due to these conditions, that would be evidence they don't meet retention standards.

Mike

Hi Mike, I finally for my appeal / revised signed NARSUM back from the MEB. As feared they reversed my Cognitive Disorder from Recommend unfit to recommend FIT. They also changed the wording of my PTSD from the 70% Permanent write up from the reg to Improving greatly and temporary. The summary reads like Im lying about my Vertigo and many of my recommend FIT ratings from before. My Brigade Commander is very upset and says he'll do what's necessary to show that the new NARSUM is at least partially a fabrication supported by selective ref to my medical records. Eg. A 2010 Cognitive test found me grounded but showing improvement. My 2011 Cognitive test found me permanently grounded due to a very low score on a test not given in 2010. A test that showed damage to the right frontal lobe. The are of my Subdural Hematoma.

 

[ranger2992]

Hi Mike, I finally for my appeal / revised signed NARSUM back from the MEB. As feared they reversed my Cognitive Disorder from Recommend unfit to recommend FIT. They also changed the wording of my PTSD from the 70% Permanent write up from the reg to Improving greatly and temporary. The summary reads like Im lying about my Vertigo and many of my recommend FIT ratings from before. My Brigade Commander is very upset and says he'll do what's necessary to show that the new NARSUM is at least partially a fabrication supported by selective ref to my medical records. Eg. A 2010 Cognitive test found me grounded but showing improvement. My 2011 Cognitive test found me permanently grounded due to a very low score on a test not given in 2010. A test that showed damage to the right frontal lobe. The are of my Subdural Hematoma.

Were you involved in a crash?

Have legal craft a well written appeal to your NARSUM. Make sure they address each condition and include references to AR 40-501 and your IMR. They can deny your appeal, but the appeal, IMR and supporting documentation will go to the PEB with your packet. As other have said, the NARSUM is required to list all your medical issues. The PEB will determine fitness.

I know it is not going to help you sleep better at night, but what you are going through right now is laying a strong foundation to build your house on. The MEB does not have to agree with you, it's the PEB that plays the bigger role.

Hang in there and keep your head up. It sounds like you have a great support chain all the way up to Brigade. I come from the UH-60 side of the house, but will gladly help anyway I can. I can gather information from some of my buddies who went through the process and let you know what their paperwork said.

Joe

 

[Ifly64s]

Were you involved in a crash?

Have legal craft a well written appeal to your NARSUM. Make sure they address each condition and include references to AR 40-501 and your IMR. They can deny your appeal, but the appeal, IMR and supporting documentation will go to the PEB with your packet. As other have said, the NARSUM is required to list all your medical issues. The PEB will determine fitness.

I know it is not going to help you sleep better at night, but what you are going through right now is laying a strong foundation to build your house on. The MEB does not have to agree with you, it's the PEB that plays the bigger role.

Hang in there and keep your head up. It sounds like you have a great support chain all the way up to Brigade. I come from the UH-60 side of the house, but will gladly help anyway I can. I can gather information from some of my buddies who went through the process and let you know what their paperwork said.

Joe

Thanks Joe

I had a main mast mount break 1.4 seconds after flat pitch in parking. The rotor fell into the cockpit at 100% RPM. My copilot was killed almost instantly. I have no memory of the accident. First memory is in the Trauma ICU a couple hours later with a brain bleed.

 

[ceilingfan]

Hi Mike, I finally for my appeal / revised signed NARSUM back from the MEB. As feared they reversed my Cognitive Disorder from Recommend unfit to recommend FIT. They also changed the wording of my PTSD from the 70% Permanent write up from the reg to Improving greatly and temporary. The summary reads like Im lying about my Vertigo and many of my recommend FIT ratings from before. My Brigade Commander is very upset and says he'll do what's necessary to show that the new NARSUM is at least partially a fabrication supported by selective ref to my medical records. Eg. A 2010 Cognitive test found me grounded but showing improvement. My 2011 Cognitive test found me permanently grounded due to a very low score on a test not given in 2010. A test that showed damage to the right frontal lobe. The are of my Subdural Hematoma.

I don't get why your MEB is recommending fitness and ratings--they are not the authority on either. Anyway, I would include all NARSUM's, that have been written in your case, in your MEB packet; just to show the inconsistent and changing opinion of the MEB. Your PEBLO may not do that but I would request it. Either way, make sure you keep copies of all NARSUM's for possible IPEB appeal.

Great to hear you have the support of your Brigade Commander! Let him throw some weight around...that can only help! Good luck with everything, man. Once your MEB packet is sent off to PEB, it shouldn't be long before you hear fit or unfit! Let us know! Again, good luck and thank you for your service.

 

[ranger2992]

Wow that is incredible you survived. I am sorry for the loss of your copilot. Sadly I have seen many of my flying brothers lose their lives as well.

I would include the summary of the Rucker accident board proceedings with your packet as well if you can get them in. The report should do a good job of conveying the devestation of the impact from the accident. I think it will also help convey the PTSD diagnosis and how serious it is.

For cognitive I think you have a strong case for your MOS, but also general duties commensurate of an officer as per AR 501-40 3-34. I think he can try and discount aviation duties, but will have a hard time saying you would be able to perform the duties of an officer. It not like you are going to be re-classed into a position that has minimal responsibility. Right now the only place I know of that they re-class 153 series Warrant Officers is as 151A and serving as a BCT liason officer. Other than that, they send you down the road.

Just do your best and make sure legal hits all the points. Let me know if you need help drafting stuff from an aviation standpoint. I had legal look at my stuff, but ended up drafting my appeal, which I won.

Joe

3–34. Dementia and other cognitive disorders due to general medical condition
The causes for referral to an MEB include persistence of symptoms or associated personality change sufficient to
interfere with the performance of duty or social adjustment

 

[Ifly64s]

Wow that is incredible you survived. I am sorry for the loss of your copilot. Sadly I have seen many of my flying brothers lose their lives as well.

I would include the summary of the Rucker accident board proceedings with your packet as well if you can get them in. The report should do a good job of conveying the devestation of the impact from the accident. I think it will also help convey the PTSD diagnosis and how serious it is.

For cognitive I think you have a strong case for your MOS, but also general duties commensurate of an officer as per AR 501-40 3-34. I think he can try and discount aviation duties, but will have a hard time saying you would be able to perform the duties of an officer. It not like you are going to be re-classed into a position that has minimal responsibility. Right now the only place I know of that they re-class 153 series Warrant Officers is as 151A and serving as a BCT liason officer. Other than that, they send you down the road.

Just do your best and make sure legal hits all the points. Let me know if you need help drafting stuff from an aviation standpoint. I had legal look at my stuff, but ended up drafting my appeal, which I won.

Joe

3–34. Dementia and other cognitive disorders due to general medical condition
The causes for referral to an MEB include persistence of symptoms or associated personality change sufficient to
interfere with the performance of duty or social adjustment

Update: The PEB determined PTSD and Cognitive as unfitting conditions. PEB sent the packet to VA for ratings. on April 15, 2013. Still nothing from the VA except confusing statuses on E-Benefits. Does anyone know IF the PEB sends the entire packet containing all the medical evidence used by the PEB to the VA?

 

[Warrior644]

Update: The PEB determined PTSD and Cognitive as unfitting conditions. PEB sent the packet to VA for ratings. on April 15, 2013. Still nothing from the VA except confusing statuses on E-Benefits. Does anyone know IF the PEB sends the entire packet containing all the medical evidence used by the PEB to the VA?

Yes, since the IPEB made an unfit determination, the PEB will forward your record to the DoVA Rating Board to rate your "referred" PEB-determined unfitting conditions and "claimed" conditions as listed on the VA Form 21-0819.

Moreover, the VA Rating Board will evaluate your referred and claimed conditions and provide a proposed rating percentage with a supporting rationale to the PEB.

To that extent, the PEB will then use the VA ratings to produce findings that will be forwarded to you through your PEBLO. This rating affects the amount of benefits you will be entitled to receive. A copy of the VA rating decision will also be provided.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[Ifly64s]

Great info Warrior! That eases that fear.

Would you mind taking a look at the pic of my E-Benefits status enclosed? What's confusing is that I only have the one IDES packet going to the VA. How can I have three dates for three different cases? The case on the second line says 2014 to 2015 for estimated completion!

Finally, I received a letter from the VA just as the closed case indicates. However, instead of a rating as the status says I should get, the letter said "your case is NOT closed." It did not say "which case."

Thanks for your help!

 

[ceilingfan]

Ebenefits is notoriously unreliable...I wouldn't even look at it. Just stay in touch with your PEBLO.

 

[Warrior644]

Great info Warrior! That eases that fear.

Would you mind taking a look at the pic of my E-Benefits status enclosed? What's confusing is that I only have the one IDES packet going to the VA. How can I have three dates for three different cases? The case on the second line says 2014 to 2015 for estimated completion!

Finally, I received a letter from the VA just as the closed case indicates. However, instead of a rating as the status says I should get, the letter said "your case is NOT closed." It did not say "which case."

Thanks for your help!

You are welcome; pleased that it minimizes your anxiety!

In reference to your eBenefits claims status, it seems to me that a potential error has been made unless you submitted a previous claim to the DoVA?

It's very interesting, indeed! If I may ask, when were you officially accepted into the DoD IDES MEB/PEB process? When did you have your appointment with the MSC for completion of all DoVA forms?

From my research with eBenefits, it seems that IDES cases have the standard "At this time, your Regional Office is unable to provide an estimated completion date for this type of claim" phrase, while the non-IDES case files (e.g., regular DoVA claims) have the standard estimated claim completion date information. Hence, the receipt of a DoVA letter stating "your case is NOT closed" referencing the 04/25/2013 date of claim, and not the 01/02/2013 date of claim which seems to be closed.

With that all said, the aforementioned feeback is not fact; it's only in my opinion as based on the information your provided.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[Ifly64s]

The 04/25/2013 date is when the VA Rec my case from the PEB and the 01/02/2013 date is when I first started my IDES process. I did get a large brown envelope early in the process from the VA. It said that I was not qualified for any VA benefits but it referenced none of my OIF time

One other off topic question you or maybe someone on the forum could answer. I received a Special Separation Benefit (SSB) back in Oct, 1992 for my first stint of active duty. It was during the drawdown of the end of the Cold War. I've read the FMR that states that recoup of SSB is NOT required from DVA compensation based upon service related disabilities incured AFTER the payment of the SSB.

I have found no reference to IF there are any such acceptation's on the DOD disability retirement side nor any ref to a "statute of limitations" or "if received before a certain date". I ask only because the SSB was paid 20 years ago.

 

[Warrior644]

The 04/25/2013 date is when the VA Rec my case from the PEB and the 01/02/2013 date is when I first started my IDES process. I did get a large brown envelope early in the process from the VA. It said that I was not qualified for any VA benefits but it referenced none of my OIF time

Again, very interesting

 

[Warrior644]

The 04/25/2013 date is when the VA Rec my case from the PEB and the 01/02/2013 date is when I first started my IDES process. I did get a large brown envelope early in the process from the VA. It said that I was not qualified for any VA benefits but it referenced none of my OIF time

Again, very interesting

Again, very interesting since my eBenefits only shows one "date of claim" which corresponds with the initial interview for completion of the required DoVA forms.

As I previously stated, maybe there was an error in processing your DoD IDES case file. That is, it was initially processed as a regular military veteran DoVA claim which would default to "no qualification for any VA benefits" since you are still an Active Component military personnel.

Nonetheless, it seems that your DoD IDES case file is "on track" and currently being adjudicated thru the DoD IDES MEB/PEB process.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[ranger2992]

The 04/25/2013 date is when the VA Rec my case from the PEB and the 01/02/2013 date is when I first started my IDES process. I did get a large brown envelope early in the process from the VA. It said that I was not qualified for any VA benefits but it referenced none of my OIF time

One other off topic question you or maybe someone on the forum could answer. I received a Special Separation Benefit (SSB) back in Oct, 1992 for my first stint of active duty. It was during the draw down of the end of the Cold War. I've read the FMR that states that recoup of SSB is NOT required from DVA compensation based upon service related disabilities incured AFTER the payment of the SSB.

I have found no reference to IF there are any such acceptation's on the DOD disability retirement side nor any ref to a "statute of limitations" or "if received before a certain date". I ask only because the SSB was paid 20 years ago.

The VA only recoups for the same disabilities which the PEB found you unfit for. So if you were found unfit for PTSD only, and then had 10 other claims that you were rated by the VA for, the VA would only recoup against PTSD, and pay out on the other claims. As far as the SSB, they won't touch that.

 

[gsfowler]

FWIW I had numerous errors on my DA3947 and did a IMR and MEB rebuttal. When the rebuttal had come back there were quite a few conditions that had substantial medical evidence to support (primarily TBI with cognitive defecits) that were subsequently omitted from my DA3947.

My 3947 was sent to a QA team that took a couple of months to review it. It came back and was about 80% accurate. Received my unfit memo and it was sent to the VA DRAS.

I do not have 100% confidence that when I see my 199 it will be on point, however I do have my ducks in a row if I need to request a formal PEB and/or a one time VA reconsideration.

 

[Warrior644]

FWIW I had numerous errors on my DA3947 and did a IMR and MEB rebuttal. When the rebuttal had come back there were quite a few conditions that had substantial medical evidence to support (primarily TBI with cognitive defecits) that were subsequently omitted from my DA3947.

My 3947 was sent to a QA team that took a couple of months to review it. It came back and was about 80% accurate. Received my unfit memo and it was sent to the VA DRAS.

I do not have 100% confidence that when I see my 199 it will be on point, however I do have my ducks in a row if I need to request a formal PEB and/or a one time VA reconsideration.

Interesting...

FWIW, I had a similar situation with error-filled NARSUM/DA 3947, IMR submittal, then receipt of error-filled IPEB findings. With my ducks pre-lined-up in a row, I demanded a Formal PEB and requested a one-time VARR.

Albeit, FPEB was withdrawn three hours prior to the FPEB hearing per recommendation of NCRPEB SPEBC, the VARR request is being submitted to the USAPDA PEB as a VARR cover letter from the NCRPEB SPEBC attorney with my self-generated VARR request memorandum inclusive of a 4-page memo plus 52 enclosures.

With that all said, good deal with the contingency plan; never give up my brother!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!