Advice please

kad4233

kad4233

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I received my MEB package first of the week. C&P exam identified Depression/ Chronic pain syndrome and directly linked it to my left shoulder injury (the condition that I am being boarded for). This injury happened June 2012 and I have been in significant pan over the last 2 years. Have been on meds and counselling at the VET Center for more than a year. They also diagnosed me with Depression/ Chronic Pain Syndrome.

Contacted my PEBLO yesterday to ask should I be concerned that my Narrative summary didn't address the depression nor did my Commanders impact statement. She said there was no LOD for depression and DOD wouldn't consider it on my retirement rating.

I called Medical on base and the MSgt in charge of the MEB said they would not do a LOD for the depression/chronic pain syndrome because I wasn't on active duty when I was diagnosed with it.

I may be worrying over nothing because the depression is directly linked to the shoulder injury in the C&P exam notes but would like to get ahead of this if possible.

Could someone please point me in the direction of a reference that would help me clear this up.

Air National Guard USAF

Thanks
Keith
 
Hard to give a lot of input without knowing all of the issues in your case. But, if there are errors in the MEB, I would consider requesting an Impartial Medical Review and/or rebut the MEB.

As for the regulations, you want to look at AFI 48-123, AFI 36-3212, and (for the LOD) AFI 36-2910.
 
Thank you very much for taking the time to respond. Believe I found the info in AFI 36-2910.

For the most part my C&P exam was favorable with one exception. ROM for my left shoulder, abduction was eyeballed and the examiner recorded
90 degrees abduction ends
90 degrees painful motion begins

Had my PT Dr measure the day the results from my C&P were received
60 degrees abduction ends
45 degrees painful motion begins

Can just the one measurement be addressed ?
Would the IPR be the best time to question the ROM measurement?

Thanks
 
Impartial review is set for 16 June 14 Shaw AFB SC.

Main concerns with C&P exams are ROM measurement for abduction and the fact that I have been diagnosed with depression/ chronic pain syndrome due to the LOD injury to my left shoulder. Depression isn't mentioned in Commanders impact statement, Narrative Summary or on VA/DOD JOINTEVALUATION BOARD CLAIM VA FORM21-0819 medical conditions considered for fitness for duty. According to AFI 48-123 a case could be made that the Depression be an unfit condition. It was addressed in the C&P exam and directly linked to the LOD injury.

What can I do to be best prepared?
 
Abduction was eyeballed :mad: wow get a hold of me direct by inboxing me
 
Well the MEB package is gone. Impartial review Dr screwed me. He verbally told me that he would add sleep apnea, depression to my VA FORM 21-0819 and he did but didn't mention that he would write a NARSUM stating weight was the cause of Sleep Apnea, shoulder and spine conditions. Also the insinuation hunting is the cause of hearing loss. If he would have ask more questions he could have found out that I am a avid archery hunter and that my 30lbs+ weight gain after the injury is more than likely a result of depression and SSRI medication.
He also found me fit for duty for depression/ chronic pain syndrome and apnea.

Guess its just wait and see now but looking like 20% for military disability.

Wasn't aware that he was suppose to make a fit or unfit decision? What is the point in a MEB if he has already determined the outcome?
 
Last edited:
He isn't. It specifically says that no one but PEB should tell Airman they are fit or unfit.

I would submit a rebuttal to the MEB.
 
8 months ago I requested a impartial review during my MEB process. I was concerned that sleep Apnea wasn't being addressed. I claimed that it was secondary to my LOD shoulder injury that required me to sleep on my back. The Dr basically told me I was fat and didn't add it to my MEB package. I ended up with 20% DOD and put on retired Reserve since I had 22 years service.

Filed a claim with the VA for Sleep Apnea aggravated by my shoulder injury as soon as I got my first set of ratings in September. eBenefits shows preparation for notification.

If that impartial review Dr would have added OSA to my package I wouldn't be waiting until 59 to draw my military retirement.

A friend on the forum told me not to give up and to hire a lawyer. I didn't listen. :(

Found my C&P exam notes on MyHealtheVet and they sounds favorable. I didn't get diagnosed with OSA until after the injury so not sure what I will be awarded on the aggravation,

Any SWAGs what % it might be?
Thanks

Opinion requested
Aggravation of a nonservice connected disability by a service connected disability
Was the Veteran's sleep apnea at least as likely as not aggravated beyond
its natural progression by the left shoulder condition?
clarification:
I have reviewed virtual files and recent exam. veteran has osa. osa can be
aggravated by position of sleep. due to L shoulder condition veteran must sleep
on back and this may aggravate osa. thus, it is at least as likely as not that
current osa is aggravated beyond normal disease progression by L shoulder
condition.
 
50% OSA, secondary service connection to L Shoulder. (Though, if it was indeed in service, it should be directly service related).
 
Jason

Was on drill status May when shoulder injury happened OSA wasn't diagnosed until October.

Made the same argument at the impartial review that the rotator cuff injury forced me to sleep on my back and worsened my Sleep Apnea.

Only difference is that on this claim had my sleep doc write a letter stating sleeping on my back could certainly worsen my sleep apnea and a sworn statement by my wife stating that I snored prior to the injury but she would get me to roll over and it would stop. After the injury I was unable to roll over and she witnessed a big increase of snoring and me stop breathing several times a night.

Thanks for the reply
 
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