Question for a friend about Med board

D

dposey717

Well-Known Member
PEB Forum Veteran
Registered Member
Hey everyone, I have a question, and a favor for everyone because I cannot find the information. I have a friend who is active duty Air Force. He shattered his knee a few years ago during an accident. He has had a plate and surgery done, and the doctors are saying he will need a knee replacement in the next few years. He is a younger guy, probably about 24 or 25, and has excelled in the Air Force, however he CANNOT pass a fit test. He cannot run. The doctors are telling him that he should have been back to 100 percent within 1 year of his surgery, however that is simply not the fact. He is looking at getting out because he would rather get out than be booted out for multiple fit test failures. The entire time I have known him, he is a fitness guy, but he just cannot run any longer, and it is starting to affect his back and therefore his sit ups as well. I told him he should be forcing them to look at med board, because that is actually the correct action. He said they told him they wont even consider it. How do you force them to actually take this sort of thing serious. He should be Medically retired. He was injured while active duty, can no longer deploy, and is not able to keep up to standards through no fault of his own. What is the appropriate steps to take for someone to at least start a med board to make these decisions, if the doctors are not willing? I would appreciate any guidance. I would not come here and ask if I did not think this was a very clear cut case of someone getting screwed over, with life long repercussions.

Daryl
 
dposey717 said:
Hey everyone, I have a question, and a favor for everyone because I cannot find the information. I have a friend who is active duty Air Force. He shattered his knee a few years ago during an accident. He has had a plate and surgery done, and the doctors are saying he will need a knee replacement in the next few years. He is a younger guy, probably about 24 or 25, and has excelled in the Air Force, however he CANNOT pass a fit test. He cannot run. The doctors are telling him that he should have been back to 100 percent within 1 year of his surgery, however that is simply not the fact. He is looking at getting out because he would rather get out than be booted out for multiple fit test failures. The entire time I have known him, he is a fitness guy, but he just cannot run any longer, and it is starting to affect his back and therefore his sit ups as well. I told him he should be forcing them to look at med board, because that is actually the correct action. He said they told him they wont even consider it. How do you force them to actually take this sort of thing serious. He should be Medically retired. He was injured while active duty, can no longer deploy, and is not able to keep up to standards through no fault of his own. What is the appropriate steps to take for someone to at least start a med board to make these decisions, if the doctors are not willing? I would appreciate any guidance. I would not come here and ask if I did not think this was a very clear cut case of someone getting screwed over, with life long repercussions.

Daryl
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I am confused. If he can't do the PT test he should have a profile stating so. A profile stating physical limitations is the basis to start a MEB for physical conditions. Does he have a profile restricting the running portion of the APFT? If not that is where I would start.

Lastly, issues with the knee and joints don't rate very high so that issue alone probably wouldn't allow him to medically retire even if they did a MEB. You need 30% rating or higher and you can look at how the VA rates it as the DOD will use the same ratings for that condition. This is not to deter him from going the MEB route. Just trying to set realistic expectations that more than likely it would be medical separation with a one time severance check.
 
I think the fact that is beginning to affect his back, may push him in to the 30%+ zone, but the IPEB often doesn’t include secondary contentions. So a consultant with a PEB attorney may be helpful.
 
Is your friend on a profile? If so, how long has he been on a profile?
 
chaplaincharlie said:
I think the fact that is beginning to affect his back, may push him in to the 30%+ zone, but the IPEB often doesn’t include secondary contentions. So a consultant with a PEB attorney may be helpful.
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Yes but then you need to have a profile for the back and for the best chance the back condition should be a referred one as well as the knee. A lot of Soldiers state things are issues but then don't have anything to back that up to the PEB if they were to appeal. Evidence of the condition causing Soldier to not be able to do their job is much compelling than medical retention standards.
 
He has been on a profile for a few years. However they are starting to refuse a profile saying he should be healed, which of course he isnt. Would an attorney be premature?
 
dposey717 said:
He has been on a profile for a few years. However they are starting to refuse a profile saying he should be healed, which of course he isnt. Would an attorney be premature?
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I agree, lawyer up. I see this frequently in medicine. The outcome is not roses so the docs start to withdraw from the patient.
 
dposey717 said:
He has been on a profile for a few years. However they are starting to refuse a profile saying he should be healed, which of course he isnt. Would an attorney be premature?
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Its never too early to talk to an attorney. At least know where you stand so that you have a viable legal representative if needed down the line.
 
Dr Elizabeth Kubler Ross is famous for her identification of the five stages of grief. What most people don’t know is her research was based on observing physicians interactions with patients when outcomes were bad.

It is ego protection, not malice. But it leaves the patient with sub optimal care.
 
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