Narsum Rebuttal Help needed!

atoney803

PEB Forum Regular Member
Registered Member
I just received my narsum and meb completion counseling and i have until Monday 5 October to elect my decision as to accept, request an IPR or rebut the findings. The findings were that i did meet retention standards for Chronic leg pain due to left shin splint and Chronic leg pain due to right shin splint. Let me start off with I want and what happened then a few facts. I want to get out at this point since my injuries significantly limits me from doing my job in an effective manner.

Fact 1: PTSD was claimed on my VA claim but was not included on my 3947 due to VA psych C&P unavailability. Once i got the exam done they still didn't mention or add it to the DA 3947 (MEB proceedings) because the MEB physician has other NARSUMs ahead of mine. When i first spoke with my PEBLO i was told since i wasnt initially referred for PTSD and because of the cutback i would probably have to fight to get my PTSD added to my MEB because thats their way of controlling it to those who are willing to fight for it (BS ~ my opinion). Which i see is definitely the case. Not only do i have PTSD but Severe Chronic Depressive Disorder and Anxiety. I was diagnosed since 2012 after my third deployment and have received treatment faithfully every week or every ther week for the past two years almost. According to AR 40-501 3-31(a), which states that the causes for referral to an MEB are as follows:
a.
Diagnosed psychiatric conditions that fail to respond to treatment or restore the Soldier to full function within 1
year of onset of treatment.

Next, i have several other conditions (23 to be exact) that was determined to be fit for duty. I have tried numerous times to contact this MEB counsel, left messages but no answer. Any advise or recommendations, templates, would be helpful. thanks! If more specifics is needed, just let me know.
 
MEB/NARSUM does not get to decide fit for duty. The MEB is responsible for determining which conditions fail or meet medical retention standards. Doing the IMR and then the rebuttal should ensure the PTSD is included, however it likely will be in the same category as the 23 other conditions, meet medical retention.

The real question is what to do about the 23 (should be 24 once PTSD is fixed) conditions that the MEB decided meet medical retention standards. This really depends on why you believe there is a problem with that determination. You need to show which conditions are actually making it unsafe to do your job or what make it so you simply cannot do your job. Its not enough to show that they exist, that they are severe, or that they make things difficult for you.

Full function probably means something a little different to you than it does to them. Full function, to them, means you have no job limitations. I.e. you lack a profile. A profile for MH shows that you cannot fully function, a lack of profile means you can show up and do what they need you to do.

I'd tell the PEBLO you need to review the NARSUM with a lawyer before you can sign it and explain your problems getting ahold of the MEB lawyers. Extensions for signing the NARSUM are regularly granted because of a delay in getting legal review. PEBLO may be able to assist to make sure that happens. IMR is very low risk, but also has a very low success rate, for the majority it simply functions as a delaying tactic. It may help you get enough time to organize a real rebuttal.
 
what does your commanders statement say about your mental health state? if it is an issue at work and your commander wrote about it, absolutely submit a rebuttal through your JAG and get the Narson rewritten to add in the PTSD, anxiety. you can also request what is called an IMR, independent medical review. either of these should be pretty easy for your Jag to type up as they do them all the time and have the templates and most of the verbiage already.

it is HIGHLY important that you get these added to the 3947 now as failing retention standards, or later, at the PEB, they will simply not address them. the PEB will state they do not have the authority to change the 3947 on your behalf, because that is the job of the MEB. the PEB likes things to move right along and not clog up thier system, so they will hesitate to send things back to the MEB for fixing such as a 3947. I ran into that with a misdiagnosis I tried to get fixed at my FPEB.
 
heres mine
 

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