My Nightmare Case, but decent MEB timeline (so far)

StealthscrapE

PEB Forum Regular Member
PEB Forum Veteran
Ongoing and I'll spare the details of everything, but if you are interested in any of them here are some links:
"So Many Questions"
"Burn Pit Respiratory update"
"Need Some Serious Help"
"PEBLO not performing their duty"

But onto the progress...

HISTORY: (Case is for asthma, which has been worsening throughout the whole process)
07/2010 - Fast Track MEB Initiated after wheezing heard and initial dx of asthma.
01/2011 - Results received. Fit for duty. C2 Code.
03/2012 - RILO ALC-C2. Next RILO due in 6 months.
02/2013 - RILO ALC-C2. Next RILO due in 6 months (Full MEB if not controlled).
08/2013 - RILO. Put on 3 month Military Medical Observation. AAC 37 started. Next RILO due in 3 months.
Stated they needed copies of 4 documents they had received with my RILO. Would not review.
08/2013 - Congressional Inquiry Requested
12/2013 - RILO. Fit (magically. No medical observation or anything but ER visits). Next RILO due in 6 months. ALC-C2 (Full MEB if not controlled).
09/2014 - RILO rejected. Full MEB requested with required submission to IPEB.

MEB TIMELINE:
09/08/14 - Met with PEBLO and signed for MEB
09/17/14 - Initial brief with MSC
10/06/14 - VA Pulmonary Function Test
10/09/14 - C&P Exams
11/14/14 - Reviewed NARSUM, opted for Letter of Exception (LOE)
11/18/14 - Turned in LOE
 
UPDATE:
09/08/14 - Met with PEBLO and signed for MEB
09/17/14 - Initial brief with MSC
10/06/14 - VA Pulmonary Function Test
10/09/14 - C&P Exams
11/14/14 - Reviewed NARSUM, opted for Letter of Exception (LOE)
11/18/14 - Turned in LOE
12/17/14 - eBenefits status changed to 'Pending Decision Approval'
01/22/15 - Received results from PEBLO. Unfit - DoD 60% - VA 90% - Permanent Retirement

With a look-back at the paperwork, 'Disability Evaluation System Proposed Rating' was accomplished 12/17/14. AF Form 356 Findings and Recommended Dispostition of USAF PEB was dated 12/19/14. I called the MSC in early January and the PEBLO the following week. They claimed to have no information to give me, to include whether or not the finding was Fit or Unfit.

Now as a result of my ratings I have a ton of questions. I will post them separate so I don't clutter one post with multiple topics.
 
I already know that I want to appeal at least two of my conditions after separations post separation through the VA (since they were not found to be unfitting).

1. My ratings are 60/90. The only Category I condition is asthma. It is listed as 'Combat Zone, Not Combat Related' in parenthesis after the condition. Block F states No. I believe that it should state 'I' (instrumentality of war) or 'H' (hazardous duty) as my asthma has been associated with the open burn pits, jet fuels, exhausts, and dust storms. Is this something that is worth refuting, or would it be better to bring to the AFBMCR after attempting to get a CRSC case filed?

2. Asthma is rated at 60% due to multiple exacerbations per year resulting in bursts of systemic corticosteroids (among other rating criteria). In order to qualify for 100% the evidence must show "A requirement for daily use systemic (oral or parenteral) high dose corticosteroids or immuno-suppresive medications". I take daily corticosteroids (which are also defined as a immuno-suppresive medication) but "high dose" is ambiguous and up for interpretation. Also, high dose is only used preceding "corticosteroids" and not "immuno-suppresive". This may be verging on toward the legal realm, but what are the chances of arguing this. Most importantly, if I do the one time VA rating reconsideration for this condition and it does raise this conditions rating, is there potential for the permanent retirement to change to TDRL?

3. All of these ratings and dispositions state "recommended". When do they change from recommended to actual and what is there that can change them that is out of my control?
 
UPDATE:
09/08/14 - Met with PEBLO and signed for MEB
09/17/14 - Initial brief with MSC
10/06/14 - VA Pulmonary Function Test
10/09/14 - C&P Exams
11/14/14 - Reviewed NARSUM, opted for Letter of Exception (LOE)
11/18/14 - Turned in LOE
12/17/14 - eBenefits status changed to 'Pending Decision Approval'
01/22/15 - Received results from PEBLO. Unfit - DoD 60% - VA 90% - Permanent Retirement
03/06/15 - Received notification of retirement orders. 28MAY15 is my final official day in the uniformed services.

Minus 33 days of leave and 20 PTDY, I am technically out of here in 20 days. March 26th! This has been a roller coaster for sure. Now if my apartment would let me break my lease without having to wait until the 1st for my 30 days notice to take effect. :mad:
 
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