Migraine vs. profile?

Chem_SM

PEB Forum Regular Member
PEB Forum Veteran
I have bad migraines and have been to the doctor numerous times for them and tried numerous different meds with little to no help, but still the MEB doctors seem to think they are OK and not a problem. They tell me that if they were a problem the doctors that treated me would have put me on a profile for them. Fact is that the doctors have told me that since I'm already on profiles for my knee and my back that I was covered so I was good. My question is...Is there a regulation that I am missing that states that the issue you are being boarded for must have its own profile even if there is a pretty good record of the issue? My case migraines! I have been reffered to a neurologist now but have not seem him yet. Problem is, I already had my 2nd evaluation and the MEB doc only looked at my back (previously found medically acceptable now not medically acceptable) even though I told him repeatedly that he was supposed to be looking at my migraines too.

Seems to me that if the MEB doctors would do a complete and fair evaluation the first time it would be a lot less work on their part in the end. I guess I will keep appealing them until I get everything looked at correctly! The most famous quote of the MEB doctors at FORT HOOD, "Don't worry the VA will pick that up"!! If I could get a dollar for everytime I heard that!!!
 

nlaw37

PEB Forum Regular Member
PEB Forum Veteran
SM-You are on Fort Hood as well? I just completed my MEB/PEB there. Wow, we need to compare notes, even though I know you are a SM and I'm a PFC, but I am leaving soon. I do have to agree, they do say "Don't worry the VA will cover it!" ALOT! NO JOKE.
 

maparker

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Per DoDI 1332.38, all medical conditions are to be documented in the MEB. Insist that they do. If they don't, write a detailed appeal to the MEB to list all conditions and their impact.

Mike





DoDI 1332.38

E3.P1.2.3. Content. MEBs, TDRL physical examinations, and Reserve component physical examinations shall document the full clinical information of all medical conditions the Service member has and state whether each condition is cause for referral into the DES. (See enclosure 4 of this Instruction.) Clinical information shall include a medical history, appropriate physical examination, medical tests and their results, medical and surgical consultations as necessary or indicated, diagnoses, treatment, and prognosis. MEBs shall not state a conclusion of unfitness because of physical disability, assignment of disability percentage rating, or the appropriate disposition under Chapter 61 of 10 U.S.C. (reference (b)).
 

jim1960

PEB Forum Regular Member
PEB Forum Veteran
"VA will pick that up" I too would be rich, it seems that the Army is great at passing the buck. Remember that you should also request an independent medical adviser.
 

Chem_SM

PEB Forum Regular Member
PEB Forum Veteran
When you say write a detailed letter of appeal to the MEB...who exactly is that? Would that be the doctors that sign the DA 3947 or the MEB doctor that won't examine me properly?

Oh yeah, nlaw37...SM in my case is service member not sergeant major!! Thanks though for the huge promotion!! :p
 

kreny2

PEB Forum Regular Member
PEB Forum Veteran
Address the letter of apeal to the Medical Evaluation Board not one individual. Your best bet is to get with the Legal Assistance Office and have them help you draft the appeal memo. My MEB was held at Ft Lewis which has an excellent support system in place for folks going through the MEB/PEB process. They were very knowledgable and helpful. they drafted my letter and I tweaked with additional info and to put things in as accurately as possible. Check with your MEB tech or PEBLO. They should know who to contact.
 

nlaw37

PEB Forum Regular Member
PEB Forum Veteran
CHEM_SM-Yes, during the initial brief we have down in the basement of Darnall, the MEB Legal guys came in and handed out some paperwork. Anyways, I just found the number over to MEB Legal - they are for you! Call it ASAP and talk to Ms. Kuk (COOK) 254-287-9409
You will not regret talking to them. They WANT you there....I am serious....its like they are recruiting....they want people to go over there...so call them Wish you luck with it. They know theyre stuff, I have heard people talking about it. GO GOG GO! LOL.

OH BTW - NO PROB w/ the PROMO....wouldn't be bad before you get out u know!?!
 

Chem_SM

PEB Forum Regular Member
PEB Forum Veteran
I talked to Mr Hess over there. Wasn't to pleased with the outcome but Mrs. Kuk was out of town and I had heard that she was the one to see. I am going to go see her to see what she says. So far though I feel that all of the "Army" paid attorneys are not really looking out for our best interest.

To be totally honest, this website and my own ability to research and somewhat interpret all the different regulations have been the most helpful! LOL maybe I should become an advisor one of these days!! HAHA I am quickly learning more about Army and VA regulations than I ever thought I would ever need!!
 

nlaw37

PEB Forum Regular Member
PEB Forum Veteran
Well, I think Mrs. Kuk has the right mentality. I know what you mean about the whole idea of Army lawyers being on your side. It is quite questionable?? Unfortunately, like I said in my other post I did not use them. I should have now that I think about it. My PEBLO totally discouraged me from doing that and said I would probably not even end up with 10% and so on. At the time, I was doped up pretty well (I think she knew that) and so I just signed off on the 10%. Stupid me. I highly recommend using and trying Mrs. Kuk.

I know what you mean though, when I am not medicated, I have learned so much from this website, which I should have known better with my case. I guess you learn from your mistakes though, now if I can just help others not make the same mistake. If you need anything Chem let me know, I head out soon, but would be happy to help in any way I can.
 

Chem_SM

PEB Forum Regular Member
PEB Forum Veteran
So, I called Mrs. Kuk and made an apt for Monday. She got all of my information and after she repaeted it all to me and was getting off the phone she said, " see ya Monday...well I won't be here but one of the other attorneys will see you"!! My jaw just kinda dropped. I am going to talk to an off post attorney as well though! UGH!!! This is so stressful!
 

nlaw37

PEB Forum Regular Member
PEB Forum Veteran
I am with you my friend. It is stressful. I just started and finished a timeline for a friend of mine. She is a paralegal for an attorney (I think Army Civilians) in Washington, DC. She wants me to send some information because she said they always help out soldiers with MEB/PEB, VA Claims, Appeals, and Corrections. So I think this will be of great help to me. It will be nice to visit with her as well and let her see first hand and talk in person you know. I think the best option is to get a lawyer off post. Have you chatted with Jason?
 
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