Hello...I apologize in advance as this will be complicated...
So I’ve been in the med board process since October 2019...before that actually, but wasn’t assigned a PEBLO until that time. I am an m-day soldier in the National Guard with fifteen years of service and have deployed to Iraq (2009-2010).
Med board was triggered by a P3 (lower) — the MEB initially found four conditions to be unfitting:
1. Right ankle tendon tear and avascular necrosis (already previously rated at 10% by VA...this is what triggered the first P3 (lower)
2. Left shoulder AC joint osteoarthritis (already previously rated at 20% by the VA — During the MEB, they modified my profile to add a P3-upper for this...)
3. Lumbar spine osteoarthritis (was previously rated at 10% by VA...during med board, VA increased it to 20%)
4. Right hip strain (rated at 10% by VA during this med board)
I have several other conditions that had already been determined to be service-connected and assigned percentages by the VA, yet they were not found unfitting per AR 40-501. I have a functional capacity assessment by my VA doctor stating one of these conditions pretty much restricts me from being able to be deployed (“cannot live in austere environment”, among other restrictions (no body armor, etc.)
So going from the MEB into the IPEB, I had a 40% (VA math) “unfitting” / DoD percentage for those four conditions the MEB found unfitting. This increased my VA rating to 90% after the VA closed my open cases due to the med board.
And the situation now is that I just received the IPEB results and they only kept the 10% rating for my ankle and said all the rest is “fit”. They stated even though the MEB stated x condition was “unfitting”, they found it fitting. They did that for two of the conditions. They said my back condition was unfitting, but “non-compensable” because I “have not sought treatment recently” after reviewing all my records from the PEB. Folks — I have been receiving steroid injections in my back for pain every two months for a year now and I know for a fact they had those records because my attorney sent them to them and the VA had them because they added two ratings for radicular pain secondary to my back condition based on current treatment notes.
The other two conditions they found “fitting” that the MEB said were “unfitting” are specifically stated in AR 40-501 to be non-retainable. The condition I have a functional capacity assessment for which makes me non-deployable they also found fitting even though that is specifically addressed early in Chapter 3 of AR 40-501.
Obviously, I am going to fight this. I read the posts about delayed formal PEBs and I do not care about that. I am furious about this and I am absolutely going to fight this.
I guess my questions are:
Is this typical behavior from the PEB? Do they just not read the evidence?
What are my chances of getting any of this fixed as a result of the formal PEB?
Should I obtain buddy letters about these conditions? I already included statements from my civilian employer about my work accommodations and from a cohabitant explaining their observations about these conditions.
Any other advice on how to fight this? I cannot imagine having to pull up various sections of Chapter 3 of AR 40-501 that specifically address my conditions as unfitting and read it to them like a bedtime story or something.
I would be grateful for any advice on this. I am extremely angry about this right now. It’s as if they just ignored every medical record in my file and are just hoping I’ll go away or something, but I will not accept this. I’ve already emailed my PEBLO and my attorney. I will be calling my attorney first thing Monday morning.
Thank you and I apologize again for the length of this post...this is a very complicated situation, unfortunately.
So I’ve been in the med board process since October 2019...before that actually, but wasn’t assigned a PEBLO until that time. I am an m-day soldier in the National Guard with fifteen years of service and have deployed to Iraq (2009-2010).
Med board was triggered by a P3 (lower) — the MEB initially found four conditions to be unfitting:
1. Right ankle tendon tear and avascular necrosis (already previously rated at 10% by VA...this is what triggered the first P3 (lower)
2. Left shoulder AC joint osteoarthritis (already previously rated at 20% by the VA — During the MEB, they modified my profile to add a P3-upper for this...)
3. Lumbar spine osteoarthritis (was previously rated at 10% by VA...during med board, VA increased it to 20%)
4. Right hip strain (rated at 10% by VA during this med board)
I have several other conditions that had already been determined to be service-connected and assigned percentages by the VA, yet they were not found unfitting per AR 40-501. I have a functional capacity assessment by my VA doctor stating one of these conditions pretty much restricts me from being able to be deployed (“cannot live in austere environment”, among other restrictions (no body armor, etc.)
So going from the MEB into the IPEB, I had a 40% (VA math) “unfitting” / DoD percentage for those four conditions the MEB found unfitting. This increased my VA rating to 90% after the VA closed my open cases due to the med board.
And the situation now is that I just received the IPEB results and they only kept the 10% rating for my ankle and said all the rest is “fit”. They stated even though the MEB stated x condition was “unfitting”, they found it fitting. They did that for two of the conditions. They said my back condition was unfitting, but “non-compensable” because I “have not sought treatment recently” after reviewing all my records from the PEB. Folks — I have been receiving steroid injections in my back for pain every two months for a year now and I know for a fact they had those records because my attorney sent them to them and the VA had them because they added two ratings for radicular pain secondary to my back condition based on current treatment notes.
The other two conditions they found “fitting” that the MEB said were “unfitting” are specifically stated in AR 40-501 to be non-retainable. The condition I have a functional capacity assessment for which makes me non-deployable they also found fitting even though that is specifically addressed early in Chapter 3 of AR 40-501.
Obviously, I am going to fight this. I read the posts about delayed formal PEBs and I do not care about that. I am furious about this and I am absolutely going to fight this.
I guess my questions are:
Is this typical behavior from the PEB? Do they just not read the evidence?
What are my chances of getting any of this fixed as a result of the formal PEB?
Should I obtain buddy letters about these conditions? I already included statements from my civilian employer about my work accommodations and from a cohabitant explaining their observations about these conditions.
Any other advice on how to fight this? I cannot imagine having to pull up various sections of Chapter 3 of AR 40-501 that specifically address my conditions as unfitting and read it to them like a bedtime story or something.
I would be grateful for any advice on this. I am extremely angry about this right now. It’s as if they just ignored every medical record in my file and are just hoping I’ll go away or something, but I will not accept this. I’ve already emailed my PEBLO and my attorney. I will be calling my attorney first thing Monday morning.
Thank you and I apologize again for the length of this post...this is a very complicated situation, unfortunately.