HELP...

Have a question for the group. While my package is still sitting in Texas (Air Force) with no answer I hope I’m not to late on this one. The reason for my PCM starting the MEB on me back in May was for sleep apnea. Then she was looking through my records saw my profile I’ve been on for years for my back and shoulder. I have had 3 shoulder operations held together with a ton of anchors and was told I will need a total replacement down the road and had a l4-l5 Laminectomy/Discectomy in 2010 for my back and more operations to come. These were the only 3 reasons she put as the major reasons to kick me out. My question is I also had a c5-c6 fusion in 2009 and that was not listed in the major reasons only in the extra claim stuff from the V.A. I know it’s about 20% -30% alone for my neck as bad as it is with c6-c7 almost gone too. Will the board see this in Texas and move it to the disqualifying factors or will they only go off the NARASUM? If not, is it to late to say hey why wasn’t this included or am I screwed. Just want to make sure I don’t get boned out of extra retirement % since im at 21 years. If anyone can help me on this it would be greatly appreciated.

Darren
 
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They won't "automatically" add the neck into a disqualifying condition. But, you can argue that it is and gather evidence to present showing that it is unfitting.

First, if you can get your physician to write an addendum or a note, stating that the neck also is disqualifying and required MEB. If you can get documentation/confirmation from your commander on how your neck limits you, that would be helpful. Also, though sometimes difficult to accomplish, it would be helpful if you got a ROM on your neck so you can present an argument as to what is the correct rating.

This is not to beat you up on this point- a great majority of folks don't understand how the system works- but I thought I would point this out to emphasize the point: These issues are best dealt with at the MEB! You have a chance to get impartial review, to rebut the findings of the MEB and to get your position on the record. Doing so makes getting all of your conditions properly considered so much easier.

Good luck!
 
Jason,

First thank you for all you do in here what a big help. I had all the ROM test during my V.A physicals back in June my neck is at 15% forward and my lower back was 50%. I guess I will take your advice and see if my PCM will write the letter and get with my PEBLO. I wish I would have found this forum before my package was sent off on July 25th to Texas.

Is this something that I could refuse to sign off in my 10 day window whenever the results come back and say no my neck needs to be added or does that automatically mean a trip to Texas for a formal board?

I was under the impression that the 50% sleep apnea was going to get me maxed out at 75% retirement, but later found out the Air Force doesn’t care about that and only rates on the items that are keeping me from doing my job. So now I’m just trying to get that number up as much as I can. This whole process is a big live and learn and now I’m trying to do as much learning as I can.
 
Glad to help!

No, not making an election and refusing to sign is not a good idea. They will just write in "member refused to sign" and forward the case (most likely resulting in directed formal hearing).

Just checking that you realize this, I understand you have 21 years of service; if this is active duty service, your minimum rating will be based on 2.5% times your years of service = 52.5% of your retired base pay. This means that you have to get to 60% rating to beat your length of service calculation (if rated at 50% or lower, you will get paid at the 52.5%- which is approximate because you continue to accrue time in service while your case is processed). I just wanted to check to make sure you understand that. Of course, if your 21 years are length of service of reserve service, the above does not apply.
 
Thank you,

It’s been all active duty came in June 1st 1990. I also took the 30,000 CSB/REDUX kicking me back down to 40% retirement how does that come into play my PEBLO can’t give me answer on that one. I hear both sides that I stay at the 40% plus 3 ½% for every extra year and no if medically retired it’s the formula that you gave me automatically.
 
It's the formula I gave. The only variation is that you remain subject to the 1 percent COLA reduction. Here is the reference: CSB/REDUX
 
Jason,

Thank you for all the information it has been a big help. My whole process has been a nightmare so far. I have a brand new 2nd lieutenant for my PCM and I’m her first MEB case. My PEBLO just got moved into that section of the hospital and once again I’m his first case ever. So between these two I’m not sure I’m getting the best advice and know for a fact that don’t have any clue as to what is going on. This is why I think my neck issues were never put into my major factors they just kept saying don’t worry it will all get rated in the long run that’s all that matters. I will keep checking in and post how things are going.
 
Glad to help...sorry to hear you are the "test case" for your physicians, but you can get through this with a good outcome!

Good luck!
 
Just an update since this whole process started back on May 11th. My packet was sent off to the V.A on June 6th. My MEB packet hit Texas July 25th. Yesterday September 28th I moved into phase 2 on V.A website. I haer sometimes this is not a good indacator, but 99% of time Air Force has said unfit now V.A is starting the rating process. Just real happy I moved out of phase 1 and hope to hear something in the next month, will keep everyone posted and list all my 13 items I have up for a rating.

Darren.

Thanks to everyone here for all the help.
 
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