PDBR Approved -- What do I do?

It is not likely that the PDBR will consider the OSA, as it is typically not considered an unfitting condition.

Here is the standard to find it unfitting in the Air Force:

Obstructive sleep apnea or sleep-disordered breathing that causes daytime hypersomnolence that cannot be corrected with life style modifications (i.e., weight loss, positional therapy, and proper sleep hygiene), positive airway pressure (CPAP, BiPAP, APAP, vPAP, etc.), surgery, or an oral appliance. The diagnosis must be based upon a nocturnal polysomnogram and the evaluation of a provider credentialed and privileged in sleep medicine.

There are some circumstances in which you could be found unfit that are outside the language above, those would be 1.) if you required oxygen or 2.) that even with the treatment above results in interference with satisfactory duty performance as substantiated by the individual's commander .
 
@TexasTACP,

Thanks for your response/post....did not (and was not) suggesting that you were pushing for, advertising for, or otherwise trying to advertise for someone/anyone. I just try to keep a non-commercial tone here (though, it is true and steadily acknowledged by me that I do get clients as a result of this forum). My point is that my not "seriously monetizing" this site, not seeking clients from here and otherwise trying to keep this as a non-commercial/non-profit-making resource makes me inclined to not generally allow links or referrals to folks who do make money and commericialize their help. Seems to me, if they want to participate here and help folks, then that would be welcome. If they are just outside of this site, don't support it, then this is not the place to "send business their way."

That said, I understand the issue can be nuanced.

@Jason Perry

I can appreciate the diligent moderation but I don't believe I was honking for any pay service. Much like this forum, the site I mentioned offers good examples for claims documents and newsletters for free. It was brought to my attention by a Rep from a Veterans Service Organization. This is about Vets helping Vets, no? I challenge you to find someone who hates the VA more than Benjamin Krause or myself.

I was not concerned with you or your intentions with linking to his site; my issue was that he sells a guide or product for a fee and it is somewhat unfair/against my grain to link to a commercial site without that person supporting this site (be it through ads, contributing to this site via postings, etc.).

Won't even try to address who has more hatred for the VA or any other agency. There is a lot of frustration, anger and hatred out there.


Call me anytime and I'll be happy to volunteer first hand accounts of my experiences with the FUCK TARDS at the VA in Houston. Show of hands,....whose been escorted out of the VARO by security for not taking any shit after 2 years of fucked up GI BILL payments to someone else's random bank account in Washington State? The lady even tracked me down and called me trying to give me the money she was so scared she'd be prosecuted for federal fraud.

I don't doubt for a second the shit-show that you described. This is an all too common occurrence and the errors in properly treating both Servicemembers and Veterans are shocking (except for them being so common as to make their occurrence not shocking and more like par for the course).


Just sayin, we're all friends here, I only signed in & on because until very recently I had know idea what the hell a PDBR even was and this forum was a great resource (& one of few existing).

Peace

I have no hate/angst or other feelings about your original post (that I edited).

But, very glad that you learned something from this forum!

Oh, that and shoot me a donation link, I'd be happy to drop a little cheddar to help support your efforts. I know its a pain in the ass to run a website but this is a worthy cause.

Peace

You can send paypal donations to [email protected]. (Sorry for not having a direct donation button...it is an oddity of this software that they stripped direct paypal or other donations as an add-on....kind of a bummer, but, I am working with the current software's limitations....they are looking to do a substantial revision to the software in the near term and I hope they will include donations in the update. We will have to see how that shakes out).

Appreciate the sentiment and the support!



A LEGIT question here as well:

Rcvd notification PDBR completed my records search

Q: Anyone had experience sending in information after you've sent in your initial app? Results?

Yes, I have sent updates to the PDBR with additional information. It matters as to both the content of the update as well as the timing (especially as to the timing...the later in the case processing, and the relevance of the update, will impact the result of any such additional submissions. (In some cases, it makes sense to request withdrawal of the earlier submissions to the PDBR subject to later submissions. I am somewhat speculating here as to the impact on your case or your interest as I don't know all of the details. Sometimes, it makes sense to press forward- depending on the issues and the strength of the initial submission- while in other cases, a withdrawal makes sense). I would also keep in mind the six year statute of limitations for challenging cases in Federal court (also keeping in mind that the statute of limitations in PDBR cases has not been fully tested or described by the case law; I think this is an unresolved issue in the law at this point in time).

I believe they are most concerned with conditions incurred on AD & those experienced & diagnosed within 1 year of AD service. In my case (or all) there is language which leads me to believe they will only consider conditions which made you unfit for duty at the time????

In example: My back was messed up in 2004 overseas, messed up in 2007 when MEB'd via IPEB, is still messed up 12 years later today where I am paying for injections and getting ready to have surgery on my own insurance dime because.....well......you know why. But I was only rated 10% by the AF at the time, then within 1 year 60% combined by VA ratings table for my back.

I also have 50% obstructive sleep apnea, had the surgery on AD, another related surgery at the VA in 09, yet this condition which was diagnosed on AD but was not considered to make me unfit for duty at the time of my MEB via IPEB in 2007.

If you request review of conditions not considered by the PEB, they should consider the issue.

Q: Will the PDBR look at the OSA diagnosed while on active duty and rate on it?

If they do I'm more convinced I need to send in further supporting documentation regarding OSA because nobody documents my case like I do and I want them to hear my version (the truth) of events rather than rely on the VA or their own interpretation.

Penny for your thoughts?

They should, if you requested review of that issue.
t is not likely that the PDBR will consider the OSA, as it is typically not considered an unfitting condition.

Here is the standard to find it unfitting in the Air Force:

Obstructive sleep apnea or sleep-disordered breathing that causes daytime hypersomnolence that cannot be corrected with life style modifications (i.e., weight loss, positional therapy, and proper sleep hygiene), positive airway pressure (CPAP, BiPAP, APAP, vPAP, etc.), surgery, or an oral appliance. The diagnosis must be based upon a nocturnal polysomnogram and the evaluation of a provider credentialed and privileged in sleep medicine.

Couple of different issues raised here; will they consider the OSA? What will be the likely outcome of that consideration if it was requested?

As to whether they will consider it, it depends as a threshold issue, if you requested such consideration in your PDBR application.

As to whether it will be found fitting/unfitting if they do consider it, the above post gave a good baseline.

As to the issue of OSA generally, I have found a few common threads where this condition is found unfitting in cases with members without specific duty needs for their AFSC/MOS/Rate....If it is a "normal" type of job in the military, the common thread seems to be the following:
1) Diagnosis of OSA with CPAP/Bi-Pap; and
2) Residual impact on duty after additional treatment with drugs such as ProVigil/NuVigil (and impact on duty performance noted by Commander/Medical providers;

But;
I have had success with certain medical folks/pilots/folks with jobs that require a high level of executive functioning, showing that their condition, just with the diagnosis and demonstrated impact on their performance, have been found unfit.

As always, the facts and circumstances of the individual case matter a great deal.


Hope this post helped. Best of luck!
 
Quite a follow up, thank you very much! Excellent, excellent insight.

My AD Surgeon in his pre-op notes before OSA surgery "XX yo male has a history of Heroic snoring". As a JTAC I bet I probably could have gotten away with being DNF'd for OSA, but, I actually wanted to stay in as a TACP. I was close to my degree and they were just about to open up 13L TACP Officer Career Field, at least that was the plan. When my IPEB results came back my PEBLO said I basically had 2 options, medically separate with disability severance or the AF is just going to kick me out on a force shaping deal anyway with nothing since I was found unfit because of my back. The PEBLO (good, honest, lady btw) was right too, at the time the process was crap, still is from what I hear, and were it not for the Dignified Treatment of Wounded Warriors Act of 2008 we'd not be talking.

Right now through VA Ratings:
My back (several conditions) is @ 60% - Definitely incurred on AD and unfitting
Another condition @ 70% - Definitely incurred on AD and unfitting
OSA @ 50% - Definitely incurred on AD not sure about unfitting
Rated on a host of other things I asked the PDBR to look over that I really can't speculate either way on i.e. Tinnitus - 10%

I'm really hoping Big Blue comes back and does me a solid, paying for care sucks. At first I thought my case was pretty open and shut, but, as I read more and more of the published cases it looks like the Board members are ball busters. Least the AF writes nicer letters so my purtty lil feelins don't get hurt.

TACP.png
 
Top