Questions about AR 40-501

crsdsabers

PEB Forum Regular Member
PEB Forum Veteran
Hi,
I'm relatively new to the forum, though not to the Army.
Two years ago I had a synthetic disc replacement at C6-7. I was good to go until about a year ago, at which time I began experiencing pain and limited movement. I have undergone significant physical therapy and was referred to a different neuro surgeon (6 weeks ago) who informed me that I had significant bone spurs due to arthritis at C5-6, and that I was 4 years or less away from a spinal fusion.
I have been prescribed narcotic analgesics for at least nine months. I have also been diagnosed with Thoracic Outlet syndrome which is causing regular numbness in both hands (particularly in fingers 1-3 of both hands) which has also not responded to physical therapy. I have also been diagnosed with Degenerative Disc Disease.
I have been diagnosed with OSA and am successfully using a CPAP.

Here's my question:
According to AR 40-501, Chapter 3-39, I can be referred to MEB "Nonradicular pain involving the cervical, thoracic, lumbosacral, or coccygeal spine, whether idiopathic or secondary to degenerative disc or joint disease, that fails to respond to adequate conservative treatment and necessitates significant limitation of physical activity. "
Addittionally, Chapter 3-41, states, "
e. Miscellaneous conditions and defects. Conditions and defects not mentioned elsewhere in this chapter are causes
for referral to an MEB, if—
(1) The conditions (individually or in combination) result in interference with satisfactory performance of duty as
substantiated by the individual’s commander or supervisor." This appears to be a "catch all" for everything else not covered in 40-501, Chapter 3.

Does my PCM make the recommendation to MEB? My Commander and Supervisor both understand that my condition make it difficult to continue military service (have been temp profiled for APFT for more than 9 months, 90 days at a time). Is it within reason for me to ask my PCM to refer me? I have 26 years in service, but only 8 years cumulative Active Duty.

Thanks,

 
If you get a profile that is a P3, you will get referred to MEB. On your profile, there is a box that says, "Needs MEB/PEB." That would suffice to start the process. Is your PCM a military doctor? If so, then I would say it is reasonable. The other thing is that your Commander can direct a Fit For Duty Exam.
 
Jason,
Thanks for the quick reply. I have a P2 (left foot fracture 2 years ago) that precludes me from any cardio event except swim. I think that the way this thing is going that I'll be P3d for ACH/Kevlar wear based on my neck issues.
Does the language in Chapters 3-39 and 3-41 not matter if I don't have a P3?
Thanks,
 
No, the language in all of Chapter 3 applies, it is just the case that having a P3 normally triggers a MEB (though, if the condition does not fail retention standards per Ch. 3, you would go to an MMRB instead, which could, among other things, recommend referral to a...wait for it.... MEB).

Here is something that is bothersome, though. When you go to the MEB, they are supposed to evaluate ALL of your conditions. However, they rarely do, so you can end up in the position of having an inadequate MEB because they sometimes only focus on the "condition that triggered the MEB." This is wrong. But it is also common.
 
OK,
That makes more sense (though I'm sure you're not seeking my validation :) ). My boss, COL, certainly supports my position in requesting MMRB/MEB and I believe that the GCCM will also support.
My issue is that my pain isn't getting any better and I'm geographically limited in assignment due to OSA (no Afghanistan is what I'm hearing) and if I can't deploy, I've only got less than a year until my Mandatory Removal Date. The best thing for me would be MEB. I'm just trying to align my ducks before I put anything in writing or make an open door request w/ Chain of Command.
I'm mobilized right now and my PCM is a civilian in a military treatment facility. My best shot at this is while I'm still on orders (through 15 DEC).

Will admin law at SJA help me with this or am I better off going elsewhere for counsel?

Thanks again!
 
Ok, so I am looking at an MEB for OSD and Depression. My Psychiatrist wrote my P3 profile. He is a civilian, but his Chief is an Army O-5. That individual approved the profile last week. On it they indicated needed MEB. What is the normal amount of time that it takes for the MEB to start once the profile is apporved?
 
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