Boardable/referred conditions...SM's getting shortchanged

G

Gomez

PEB Forum Regular Member
PEB Forum Veteran
I wanted to comment on what I consider to be a major issue that affects most people going through the IDES process in a negative way. The issue involves the conditions that are referred to the MEB by the referring physician (so-called “boardable” conditions) versus the other conditions that are not boardable by the DoD military service, but go to the VA for non-DoD evaluation/rating.
Mike Parker has stated many times that “The MEB is required to cover all medical conditions with full clinical data.” While this is completely true, it does not address the way the MEB separates boardable vs. non-boardable conditions. The IDES personnel routinely comply with covering all medical conditions by just cherry picking one or two conditions that don’t meet retention standards, designating it/them as referred/boardable conditions, then pushing all other conditions that don’t meet retention standards onto the VA.

My issue is that the military seems to be short-changing service members by not referring conditions that clearly do not meet retention standards. My question is this: “how do the physicians determine which conditions are referred/boardable? Why aren’t they required to REFER all conditions listed in the service regulation (AR40-501 for the Army) as not meeting retention standards? Even though a condition is listed in AR40-501 as not meeting retention standards, what gives them the authority to not refer this condition? They routinely don’t refer this type of condition. Do they have the discretion to say that a condition, even though listed as not meeting retention standards in AR40-501, is not a referable/boardable condition? I may be wrong, but it appears to me that all conditions listed in AR40-501 should be referred conditions. This is important because only referred conditions are normally eligible to be listed on the NARSUM as not meeting retention standards.

From what I’ve learned, the PEB will primarily consider only referred conditions in considering unfitness/fitness. That’s why it’s so important that all conditions that don’t meet retention standards be REFERRED up front to the MEB, not just included for non-DOD evaluation by the VA.
It seems to me that the service members going through the IDES are getting ripped off by IDES personnel by not including, all of the items as referred/boardable that should be. These conditions should be included as referred conditions up front and not require the service member to have to resort to a lengthy appeal to get the conditions changed to “does not meet retention standards.”
 
I was refereed to the IDES for 3 conditions they accepted one as unfit at the informal level then I requested a formal and my attorney has added 3 new conditions for the Formal board the Navy failed or did not want to add so dont get into the the mindset that the military (PCM) can only refer conditions. I can only speak for the Navy but the IDES is thru all services
 
This is precisely why it's important to review the NARSUM and include a rebuttal or personal statement. Indicate exactly what other conditions ail your and how they impact your duties.

I agree with your assessment Gomez, but all you can do is fight your battle the best way for you.
 
But at what point is the fight an ideological one and not a fruitful one? What gamble are they taking? I have asked many times similar questions with no answers. Such as My THR is not fitting automatically, but my back may be fitting if not for my hip causing it to flare up so much so is it fitting or not? etc. etc. I think the main thing one has to do is to actually separate their conditions and take them at "face value" I.e. regardless of why my back is in the condition it is in, it is unfitting so it should be dod rated-the hernia's on my shin are painful and the pain increases with my leg flare ups, but even at their worse they are not "unfittin" so i would not push to have them added. etc etc,.
 
If all your medical conditions are not listed on the DA 3947 then appeal the MEB. It is true the PEB will decide (cherry pick) which ones are unfitting but it is not the case that only conditions that do not meet retention standards can be found unfitting. See Overall Effect in DoDI 1332.38. Like wise all conditons should be addressed by the PEB determinations.

Unfortunately, You must be the one that enforces the standard by proper appeals and complaints.

Mike
 
The other thing to consider is that the diagnosis in itself does not necessarily make you unfit to continue service, it has to impact your perfomance of duties. My husband has been diagnosed with PTSD and TBI but he is full duty because they do not interfere with his duties.
 
I'm in the same boat as scals husband. From what the soldier counsel has told me they typically deny your first appeal here on Carson but you can repeal again later on so just maintain appointments and keep building your case.
 
Good information. My NARSUM only has my back and neck problems and doesn't touch respiratory distress or PTSD.
 
Your NARSUM should list everything that is wrong with you and it should have "Fail to meet retention standards" or "Meets retention standards. If your condition meets retention standards according to the doctors findings, it means that your condition doesn't interfere with your Soldiers/MOS duties. One of my conditions is bilateral tinnitus and they are saying that it meets retention standards. They have no idea how bad this ringing in the ears affects me on a daily basis and have to wear hearing aids to cancel out some of the ringing. They can only go by what your VA Medical exams show and the severity of it. You can always appeal your NARSUM, but they only give you a few days to do so. You are your best advocate...
 
I keep getting told I will be getting out for Hearing where I'm a P3 now have to get hearing aids, and PTSD and TBI. They said they have never had anyone get turned down, once referred to the MEB. That is BH and my ENT. I haven't did my job in 4 months(88m) and just cant be around the loudness anymore. Ringing in the ears is awful, and already had 2 surgeries on my ears with no luck. Still deaf!
 
I got flown back from AFG in Jan 2012 after 10 months and at currently at the WTU for 3 TBIs - 1 LOC and 2 other TBIs messed up pretty bad. On my NARSUM and the 199 they stated "fit for duty" even though the Brigade Surgeon and countless other DR's and OTs stated that my cognitive problems are horrible and if I get hit in the head again, it might be the last time. The whole process is bullshit. Ive had a IMR and appealed and its a crock of shit. I can only submit new evidence even though 2 Purple Hearts from concussions/TBIs aren't good enough for being found unfit for duty and being in a WTU for almost a year and cannot even multi task or do the most simplest task. I hear you brother.....
 
Talked to the MEB doctor for a case review. She told me after 5 years of doing the MEB she has never seen a PTSD case get turned down. Told me she has done over 1000+ cases. Depends on how she writes it. She guaranteed me going to get out. I'm in the beginning.
 
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