Do I meet or fail retention standards / fitness for MEB or fitness for PEB? Migraines

TortolliniShell

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PEB Forum Veteran
Registered Member
Can anyone tell me how what they believe my outcome will be at the MEB/PEB on the DoD side? I think I know how the VA will turn out.

1. Army reservist. Being boarded for migraines w/ aura.

2. C&P exam done: service aggravated and 3x's a month prostrating. " Frequently missing work or going home early, 3-5 times a month out of work at least 1/2 a day. (i expect 30-50% VA)

3. Permanent profiled and referred to the MEB for migraines by MEDCOM. IDRM completed.

4. My civilian neurologist confirms/diagnosed me with migraines, more medication, nothing works. I've been seeing her for over 1 year. (no recommendations for board/ i never asked.)

5. DA FORM 7809 was completed by primary care doctor. She recommends that I do not meet retention standards for migraines.

6. Commander's statement says" The unpredictable and incapacitating episodes resulting from his chronic migraines significantly disrupt his ability to consistently attend activities, meetings, or work and deploy, and often require him to miss work, affecting his duty performance in both in-garrison and austere settings."

[x] Soldier is unable to perform any significant military tasks or duties because of their medical condition(s); unable to contribute to the unit's mission.
[no] Can the service member be assigned against a deployable billet?
[no] Do you believe the service member could perform his/her duties in an OCONUS deployed environment without restrictions, limitations, or work-arounds?



AR40-501, 3-31 -Neurological g. Migraine, tension, or cluster headaches. When manifested by incapacitating attacks that interfere with duty or social activities three or more days per month. All such Soldiers will be referred to a neurologist, who will ascertain the cause of the headaches. The neurologist will determine whether prophylactic therapy (up to 6 months) or referral to the DES is warranted. If the headaches are not adequately controlled at the end of the 6 months, the Soldier will be referred to the DES. If the neurologist feels the Soldier is unlikely to respond to therapy, the Soldier can be referred directly to the DES.
 
Im sorry im no help but im just curious what your aura is. I have migraine with an aura too and my aura is a bright light in my vision for 30-40 minutes. Its annoying as hell and i had no idea it is a med boardable condition.
 
Im sorry im no help but im just curious what your aura is. I have migraine with an aura too and my aura is a bright light in my vision for 30-40 minutes. Its annoying as hell and i had no idea it is a med boardable condition.
Migraines are typically unfitting. My wife has terrible ones that leave her bedridden 10 days or more per month. She got 50% DOD rating for them. That is the max rating for migraines.
 
Migraines are typically unfitting. My wife has terrible ones that leave her bedridden 10 days or more per month. She got 50% DOD rating for them. That is the max rating for migraines.
I've looked at AR 40-501 and 635-40 but I still don't understand how the decisions are made at the MEB or what they're based on. Sure, there are renention standards, but they're vague. The VA exam is used, the commander's statement, my medical records, the p3 profile... but does the MEB doctor just choose an answer based on whimsy?
 
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I've looked at AR 40-501 and 635-40 but I still don't understand how the decisions are made at the MEB or what they're based on. Sure, there are renention standards, but they're vague. The VA exam is used, the commander's statement, my medical records, the p3 profile... but does the MEB doctor just choose an answer based on whimsy?
Very few conditions are automatic. The reason for this is because ultimately the PEB decides and they decide based on whether the condition causes you to not be able to do your job. PEB= Personnel Evaluation Board. The docs for the NARSUM state which conditions medically meet retention standards but in the end the PEB decides. If you are referred for a condition that may be unfitting there is a good chance that condition will be found unfitting. If you are trying to add additional conditions that are not referred there is a good chance the NARSUM writers are going to find that condition fitting.

So if you are trying to add conditions that will not likely be be found unfitting by the iPEB you need to start with a plan. You need to challenge NARSUM with rebuttal. You need to try to get a profile for that condition you want to add. If your commander will sign a new impact statement stating the things that your condition that you want to add is causing you to not do certain things required by your job or keep you from being deployable etc.

You can't get anything changed without a FPEB but there is a lot of work to do up until one. As always I highly recommend hiring a dedicated private IDES attorney. If you hire one of the handful that only practice IDES you have a much better chance of getting the optimal outcome. This is because you don't know what you don't know and assigned JAG isn't the same. Assigned JAG make you write up your own stuff and are really there just to give some legal advice and help but you end up being the driving force. Assigned JAG doesn't have a reputation to uphold that their hundreds of Soldiers are getting the best outcome. Which speaks to the volume of IDES Soldiers they are supposed to help. They simply can't give anyone much time or help as they are assigned dozens of Soldiers at any given time.
 
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