Permanent Profile Issues

D

DRUM WT

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
My perm profile that I recently received for my MEB says I have PTSD but I'm not claiming it because I was never diagnosed with it, my psych LTC says leave it alone... it covers MDD, so I'll take his advice unless you all think I should fix it.

What is the best way to approach the MEB profiling officer to fix my PULHES, they have an E1 where I should be E2 (Eyes) at a minimum by table 7-1 in AR 40-501?

I was only put in to the MEB for two issues Psych-MDD and "Back Pain" before my diagnosis last night with Spondyloarthropathy (reactive arthritis).

My second question is: Will the VA automatically add the CH3 AR 40-501 MEB "worthy conditions" below to my DOD rating? I am an O-4 so there is a big difference between pay in a DOD rating and VA rating right? (i.e. half of base pay well exceeds 100% VA disability) how should I make sure that the DOD isn't going to just push my conditions to the VA to handle? Are my concerns justified or not?

Thank you for all replies, I do NOT think I'm better than anyone here because of rank, I just want the process to be legally correct and accurate and if DOD rating is better than the VA rating...then that is what I want (right?).

The conditions I am claiming are all in my records and are as follows:

-Major Depressive Disorder, Recurring Severe w/ multiple hospitalizations
-NOS Anxiety Disorder (MEB CONDITION to ADD)
Just diagnosed (sigh of relief!!!) last night at 1600L!!!-Reiter’s Syndrome (Reactive Arthritis) Spondyloarthropathy (MEB CONDITION to ADD)
-Optic Neuritis (MEB CONDITION to ADD)
-Loss of vision, right eye ---not MEB worthy by itself because left eye is still 20/20 thank God
- Right eye afferent pupillary defect---not MEB worthy by itself
-Limited field of view, right eye---not MEB worthy by itself
-Ocular migraines with aura, recurring (MEB CONDITION to ADD)
-Posterior spinal disk extrusion---not MEB worthy by itself
-Compression of spinal thecal sac---not MEB worthy by itself
- Damaged L5 nerve root in spine---not MEB worthy by itself
- Right leg subacute radiculopathy---not MEB worthy by itself
-Facet arthrosis in spinal disks L3, L4, L5---not MEB worthy by itself
-C5 osteophyte in cervical spine---not MEB worthy by itself
-Fecal incontinence, recurring (MEB CONDITION to ADD)
-Chronic back pain and continuous pain management with limited range of motion
-Hypothyroid condition Endocrine disorder (MEB CONDITION to ADD)
-Hypertension---not MEB worthy by itself
-Obstructive Sleep Apnea, moderate-severe---not MEB worthy by itself
-Hand tremors (MEB CONDITION to ADD)
-Periodic limb movement disorder of sleep---not MEB worthy by itself
-Left shoulder pain with limited ROM---not MEB worthy by itself
-Left wrist limited range of motion---not MEB worthy by itself
 
Sorry about the font issues. The list is long because of a few aircraft mishaps in a UH 60.
 
I see that you have quite a few conditions as "not MEB worthy by itself".
Look into DODI 1332.28
E3.P3.4.4. Overall Effect. A member may be determined unfit as a result of the overall
effect of two or more impairments even though each of them, standing alone, would not cause
the member to be referred into the DES or be found unfit because of physical disability.
 
By no means am I an expert but I will do my best to help.

First, when you review your Medical Board Report, make sure that all of your boardable conditions are listed. If not, get it fixed! Based on this report, the local MEB will determine if you should be referred to the IPEB for not meeting retention standards.

Second, the VA will not automatically add your "MEB worthy conditions" to your DoD ratings. The DoD will determine which conditions that you are being found unfit for. Once these unfit conditions have been found, the DoD will send your info to the VA to assign the %'s to.

As far as the Mental Health concerns, I have found that the name they give your mental condition doesn't matter as much as your symptoms. PTSD/MDD/Anxiety disorders are rated based on how you are affected.

While you may hear some state that all you need is that magic 30% from the DoD and life will be peachy, that is not necessarily true. As an O-4, there is the possibility that your retirement would be higher than the VA pay. Of course, this depends on the percentage that the DoD gives you, as well as time in service vs the VA percentage. Here is my situation: O-3 with 7 yrs AD. Offered 40% DoD but 100% VA. My retirement from the DoD would be roughly $2100 but the VA would pay roughly $2700. Since the VA pay is higher, this is what I would be getting. However, I am requesting a FPEB to change a "potentially" unfitting condition to a "definite" unfitting condition. This could raise my DoD rating to 70%, which would bump my DoD pay to approximately $3600. That is a huge difference!

If you look at my thread here, particularly #7 you can get a better idea of my case:

http://www.pebforum.com/site/threads/tinker-afb-timeline.16816/

Good luck!
 
DRUM WT said:
My perm profile that I recently received for my MEB says I have PTSD but I'm not claiming it because I was never diagnosed with it, my psych LTC says leave it alone... it covers MDD, so I'll take his advice unless you all think I should fix it.

What is the best way to approach the MEB profiling officer to fix my PULHES, they have an E1 where I should be E2 (Eyes) at a minimum by table 7-1 in AR 40-501?

I was only put in to the MEB for two issues Psych-MDD and "Back Pain" before my diagnosis last night with Spondyloarthropathy (reactive arthritis).

The conditions I am claiming are all in my records and are as follows:

-Major Depressive Disorder, Recurring Severe w/ multiple hospitalizations
-NOS Anxiety Disorder (MEB CONDITION to ADD)
Just diagnosed (sigh of relief!!!) last night at 1600L!!!-Reiter’s Syndrome (Reactive Arthritis) Spondyloarthropathy (MEB CONDITION to ADD)
-Optic Neuritis (MEB CONDITION to ADD)
-Loss of vision, right eye ---not MEB worthy by itself because left eye is still 20/20 thank God
- Right eye afferent pupillary defect---not MEB worthy by itself
-Limited field of view, right eye---not MEB worthy by itself
-Ocular migraines with aura, recurring (MEB CONDITION to ADD)
-Posterior spinal disk extrusion---not MEB worthy by itself
-Compression of spinal thecal sac---not MEB worthy by itself
- Damaged L5 nerve root in spine---not MEB worthy by itself
- Right leg subacute radiculopathy---not MEB worthy by itself
-Facet arthrosis in spinal disks L3, L4, L5---not MEB worthy by itself
-C5 osteophyte in cervical spine---not MEB worthy by itself
-Fecal incontinence, recurring (MEB CONDITION to ADD)
-Chronic back pain and continuous pain management with limited range of motion
-Hypothyroid condition Endocrine disorder (MEB CONDITION to ADD)
-Hypertension---not MEB worthy by itself
-Obstructive Sleep Apnea, moderate-severe---not MEB worthy by itself
-Hand tremors (MEB CONDITION to ADD)
-Periodic limb movement disorder of sleep---not MEB worthy by itself
-Left shoulder pain with limited ROM---not MEB worthy by itself
-Left wrist limited range of motion---not MEB worthy by itself
Click to expand...
Wow, long list on your injuries, I really feel you pain on alot of these and believe me, you will get ALOT of support here.

Now your first question in your qouted section is: I would ignore the profile for PTSD, they may or may not see the mistake in future profiles. They will issue you different profiles throught the process, I had 8 different ones. But, this is going to help in the long run if you have PTSD issues come up later, the VA can rate you as MDD with underlying PTSD symptoms.
2. Your PULHES needs to be updated to the 2 to show that the Army is aware of it. You need to go to Optomitry and have them update it. Not a medical officer.
3. With the Spondyloarthropathy, you can make an appeal once your NARSUM is completed to have it added.
4. Your list of things is going to definitely be going to be combined by the VA and DoD, BUT this can increase your ratings by the severity of the condition. i.e. Your right eye, if you didn't have the additional issues, then the VA would rate you as say... 30% it may be increased to 50% (this is an example, nothing for you to go by, by any means please!)
5. The VA CANNOT force the DoD to make something fitting or unfitting, only the PEB can do this.

Are these injuries combat related?
 
Thanks Grizz, good info. I'll go to optometry and get the eye onto the profile. Why did you get so many profiles? Thanks for the PEB info, I was concerned that DOD was just playing a numbers game, in reality, no one looks at my med record as close as I do so it was probably just someone's lunch break and they rushed the paperwork. Some of the conditions might get combat linked if I can get the Army safety center to give me three acft accident reports and find a battle damage report on when our acft was shot up in Iraq. We hot hit in the tail rotor and kept flying with sevear vibrations during the deep attack on the Medinah division in 03. To be honest all I have right now is my post deployment paperwork to show that, but I'm in contact with the entire crew from that mission. I think if it's linked to an instrument of war Ill be better. I have paperwork from the Wurzburg Germany hospital showing two visits to the ER stating "post aircraft mishap" and a yes reply to "are you in pain" with my back as the location, but after my diagnosis yesterday it might not have anything to do with the accidents if they say I had arthritis all along.
 
DrumWT,

First, you will be getting temporary profiles every 90 days. It is part of the WTB SOP to determine if some conditions are getting better or worse. KEEP all your temp profiles and make a separate file for all of them. The VA may look at them to determine long standing conditions and if some conditions are getting worse/better.

Second, you need to also go and talk to the AW2 rep. Since it appears some of your injuries are combat related, they are another great source to get some additional information and another set of eyes on your paperwork.

Third, for your acft 'mishap', get sworn statements from the crew and pictures of the bird, if possible. You can submit more than just 'paperwork' to the VA. Also, can you get a copy of the AAR for that mission? That could help, too.

Fourth, I assume you are taking pain meds. As long as they are working, keep taking them. The VA can/will also check to see if you are continuing to take your meds, even when/if you eventually are med retired.

Draco
 
Drum WT,
I am an CPT(P)/O-3E former SF enlisted and now a Critical Care Nurse. I have 19 yrs and 7 months active duty time and 5 years reserve time. As a few people have eluded to, you need to claim everything! I made the mistake of believing the MSC on the VA side when it came to filing my claim. If it does not go on the claim form the first time and you sign it you are stuck until after your first day out. Put the burden on the VA to say you do not have a condition or that it is only going to be rated at "x" percentage.

I also have a laundry list of conditions. The VA is the evaluation system for all of your conditions, wheather they are P3 and require an MEB or may not even have a profile for them. Once the VA completes your physicals, they send the information back to the PEBLO and the Army side. MEB panel then reviews the information and completes a Narrative Summary and completes DA form 3947. This will have your MEB or "above the line" conditions and the other conditions. Once that is complete your PEBLO will call you in to sign it. DO NOT sign it on the spot. You need to take it home read it or go see the legal people that are part the MEB process. They are the experts to find inadequecies. then take it back. That concludes the MEB part. then it goes to the PEB.

Use the link below to review the VASRD. It will help give you an idea of possible percentages.

http://www.benefits.va.gov/warms/bookc.asp#c especially 4-130 "schedule of ratings for Mental Disorders"

I hope this will help.
 
I agree with Draco, that is partially why I was asking. The main part why I was asking was that if you can proved sufficient proof you can apply for CRSC after you seperate. ;)
 
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