Odds of being found fit?

Sicotic

Sicotic

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I'm sure this quiestion gets asked alot. I signed my NARSUM and everything looked good. Took it to attorney and she said everything looks great! I know its the waiting game I want to look into jobs, a New home and stuff like that to be prepared. My MEB doc said she never had a patient found fit and said I should be unfit. Haven't done my job in about 9 months now. I haven't seen my Commander's statement, and that is the part that concerns me. My CoC are out to get people. I think she would try to screw me over. Me only being in for 3 years with 2 deployments seems to be a hot topic. Some serious jealous people here who say I don't deserve anything not doing at least 10 years! Anyways just seeign what the odds were.. There are about 6 other claims that are fitting.

Unfitting Conditions are:
PTSD(8 months of ongoing therepy once a week)
Severe Bilateral Hearing loss( Have hearing AIDS but they don't help).
Bilateral Shin splints/w stress fractures.
 
One guarantee in this process is that nothing is guaranteed.;) You are smart to start preparing for any possible situation- to include continuing to do as well as you can while in the military in the event that you are found fit to continue...don't want to burn your bridges. If I were you, I would continue planning for civilian life, but also start looking for opportunities to transfer away from your current unit (different MOS, special school opportunities, other bases, etc.) in the event you are found fit...sounds like you might have a "toxic" command.
From what I have seen here, most sm's with PTSD are found unfit and usually either receive severance or are retired on TDRL, with additional follow up appointments to track progress of PTSD. The hearing sounds pretty severe and most probably affects your combat posture and ability to perform in just about any MOS/AFSC, etc...and would probably deem you unfit as well. As for the shin splints/fractures, I have a few Airborne buddies that had similar conditions from bad jumps, and they were found fit for that condition alone. Of course, one never knows what the PEB will do, and your CC's statement could weigh pretty heavily on their decision...you should get with your PEBLO and request copies of all paperwork that was submitted with your package to the PEB- it is your right to have them. Good luck!
 
With my NARSUM IT'S SAYS MY DIAGNOSES NECK/back and PTSD is unfit. But my tinnitus is meeting retention. Will that mean ill be on TDRL
 

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On my narsum it says the same thing about unfitting. Idk just nervous bc of my time in army. There will be no mos change. In already on the bottom of the list for mos.. LOL. My pulhes is 213313..mos accepts that lol. Hearing loss was from ied blast when both ear drums were blown.
 
First, MEBs/NARSUMs are prohibited from stating a condition is unfitting or not. They can state its impacts and if it meets retention standards/interfers with duty but they are not allow to state an opinion if the condition is unfitting or not or what the rating should be.

Fitness is an extremly subjective call and tied to specific MOS and duties. The fitness determination process is ripe with abuse. I have seen hundreds of PTSD cases rated 0% or 10% and deemed unfitting and cases where it was rated by the VA at 50%, 70% and even 100% disabling and not deemed unfitting by the PEB. Unfortunately, it often centers on PEBs trying to avoid or reduce disability payments.

You best defense is to be prepared to demonstrate the condition is unfitting per the fitness standards outline in DoDI 1332.38.

Mike
 
It isn't unfitting on paper but it is failing retention. For those 3 conditions. Parker you didn't answer the question lol. It is just sad how the Gov tries to screw us military over. Yet congress can make 140k a year.
 
I couldn't say what the odds are as there are too many legitimate and illigitimate factors at play. Your best bet is to understand the fitness criteria in DoDI 1332.38 and be prepared to appeal if necessary.

Mike
 
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There is part of my NARSUM. Well written should have a better thought on being unfit.
 
I'd say it would be hard for your commander to negate that NARSUM with her commanders letter. Your Doctor did a great job of laying things out. I think that you are going to be headed to the TDRL for the PTSD and have added ratings for the hearing loss. I just think TDRL is likely based on the statement that you will likely improve with continued treatment away from the Army.
 
I hope it does it get better. Thanks for the info.
 
Sicotic,

Unfortunately, I wouldn't take anything you hear from anyone as far as rating/TDRL/PDRL/Severance too seriously. The PEB does whatever they want (within certain guidelines). I was diagnosed with Asthma, and rated at 60% by the VA. I have a rare condition where every medicine out there for asthma only makes my condition worse (if I took them all the time, I would be 100% rated all of the time). The PEB made the case that my asthma was not unfitting because I do not use an inhaler/other medication. Luckily, my attacks are not severe enough to kill me (yet). I went to FPEB, and they didn't care what I had to say or the evidence I brought with me. My lawyer said I would win for sure. Boy was he wrong! I wanted to appeal to SECAF, but my commander made it clear that he was going to start admin separation proceedings for my waist measurement and I didn't want to deal with that mess. So, I am now rated 80% from VA and 0% from USAF for a totally unrelated condition (well, 80% PROPOSED rating anyway - c'mon award letter!). I had one person I was supervisor for who couldn't walk because the Army jacked up her hips and she got a wonderful 10% and told to get out. She was 23 when she left military service and will be using a walker for the rest of her life. Of course, then again, I had another person who was found unfit for his back, PDRL'd at 60%, 100% Schedular P&T from VA (also had less mental problems than I have, he's PTSD, I'm not...but now I'm just griping). After 3 years of service he is raking in the money and benefits and I have seen him since he got out go playing volleyball and basketball for hours on end. I am not 100% sure how bad his back is, but I know my injuries wouldn't allow me to do that (much less my illnesses)!!

Bottom line, be prepared for anything! There is too much that can happen! From my experience (granted, it's limited), it seems like the VA at least tries to follow a set of guidelines that are decently spelled out. The PEB seems to have the power to do what they want...

That's my take on it. I hope I didn't scare you. The cases I mentioned were fairly extreme, and I have seen many, many others that were much more reasonable. I just wanted to illustrate that anything can happen when you are dealing with the PEB, so be prepared to either stay in, or get out and receive no benefits (that way you are prepared for whatever they rate you). I wish I had planned things like that, but hindsight is 20/20 and there is nothing I can do about it now.

Good luck to you and I hope everything works out the way you want.

Trevis
 
Def worried now lol. I know they are taking the PTSD serious bc of all the stuff that went down. I'm 24 and will have hearing aids for the rest of my life( still needing 3 more surgeries). I understand the things at my age. I think it is crazy the way the PEB is. Hope for the best, no way I can handle this anymore without going insane.
 
Well, just know that we are here to help. Your NARSUM was just sent, so you have a while (Mine took two years from start to finish, but of course mine was pretty complex). Also, make sure you are checking out the VASRD. That is what everything will be rated on if you didn't know that already.

Don't take things lying down and remember this site has a lot of good resources. You will be fine, I am sure. Just kind of let this process happen for now. Keep up with it, but don't worry (I know that's an almost impossible request) too much about the things you can't control at this point. That's the best advice I have. Hope it goes well.
 
seen a average of 30 days for unfit memo. I only have 7 claims total 3 of those not meeting retension standards.
 
Trevis Kelley said:
Sicotic, Unfortunately, I wouldn't take anything you hear from anyone as far as rating/TDRL/PDRL/Severance too seriously. The PEB does whatever they want (within certain guidelines).
Click to expand...

I think Sciotic was looking for examples/wags, etc, not a guarantee on what we think their ratings will be.

Trevis Kelley said:
I just wanted to illustrate that anything can happen when you are dealing with the PEB, so be prepared to either stay in, or get out and receive no benefits (that way you are prepared for whatever they rate you).
Click to expand...

Similar to what I said above.
 
Trevis Kelley said:
Sicotic,

Unfortunately, I wouldn't take anything you hear from anyone as far as rating/TDRL/PDRL/Severance too seriously. The PEB does whatever they want (within certain guidelines). I was diagnosed with Asthma, and rated at 60% by the VA. I have a rare condition where every medicine out there for asthma only makes my condition worse (if I took them all the time, I would be 100% rated all of the time). The PEB made the case that my asthma was not unfitting because I do not use an inhaler/other medication. Luckily, my attacks are not severe enough to kill me (yet). I went to FPEB, and they didn't care what I had to say or the evidence I brought with me. My lawyer said I would win for sure. Boy was he wrong! I wanted to appeal to SECAF, but my commander made it clear that he was going to start admin separation proceedings for my waist measurement and I didn't want to deal with that mess. So, I am now rated 80% from VA and 0% from USAF for a totally unrelated condition (well, 80% PROPOSED rating anyway - c'mon award letter!). I had one person I was supervisor for who couldn't walk because the Army jacked up her hips and she got a wonderful 10% and told to get out. She was 23 when she left military service and will be using a walker for the rest of her life. Of course, then again, I had another person who was found unfit for his back, PDRL'd at 60%, 100% Schedular P&T from VA (also had less mental problems than I have, he's PTSD, I'm not...but now I'm just griping). After 3 years of service he is raking in the money and benefits and I have seen him since he got out go playing volleyball and basketball for hours on end. I am not 100% sure how bad his back is, but I know my injuries wouldn't allow me to do that (much less my illnesses)!!

Bottom line, be prepared for anything! There is too much that can happen! From my experience (granted, it's limited), it seems like the VA at least tries to follow a set of guidelines that are decently spelled out. The PEB seems to have the power to do what they want...

That's my take on it. I hope I didn't scare you. The cases I mentioned were fairly extreme, and I have seen many, many others that were much more reasonable. I just wanted to illustrate that anything can happen when you are dealing with the PEB, so be prepared to either stay in, or get out and receive no benefits (that way you are prepared for whatever they rate you). I wish I had planned things like that, but hindsight is 20/20 and there is nothing I can do about it now.

Good luck to you and I hope everything works out the way you want.

Trevis
Click to expand...

Something (or a lot of things) are wrong with your outcome. You didn't post enough details, but I strongly suspect you should appeal to SAFPC your findings. It does not sound like you would be administratively separated prior to outcome of your SAFPC appeal.

I strongly suspect you are going in the wrong direction.

Hope everything works out for your in the end.
 
It is best for members to start there own threads on their individual questions....I see several people posting questions on their own situation, which makes it hard to keep the issues and questions straight. I have not moderated/moved posts, but I would recommend those with specific questions start their own threads.
 
Sicotic said:
Me only being in for 3 years with 2 deployments seems to be a hot topic. Some serious jealous people here who say I don't deserve anything not doing at least 10 years! Anyways just seeign what the odds were.. There are about 6 other claims that are fitting.
Click to expand...
Whoever is saying that, they are ignorant. So long as your conditions are in the line of duty and unfitting, you are due compensation.


Unfitting Conditions are:
PTSD(8 months of ongoing therepy once a week)
Severe Bilateral Hearing loss( Have hearing AIDS but they don't help).
Bilateral Shin splints/w stress fractures.
Click to expand...

PTSD(8 months of ongoing therepy once a week)
Click to expand...

Based on what you wrote, should be unfitting and rated at a minimum of 50% with placement on the TDRL.

Severe Bilateral Hearing loss( Have hearing AIDS but they don't help).
Click to expand...
Hard to say for sure, but likely, 10-20% rating if unfitting.


Bilateral Shin splints/w stress fractures
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This is a harder issue, because the VA did not find a diagnosis. Highly complicated issue based on the facts of your case. I suspect you should be rated 10-20% based on this. However, you may well have to appeal/fight this issue out.
 
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