Narsum Review with PEBLO

G

Giosell

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
This whole MEB makes me nervous and upset at the same time. I have 18yrs in the Army and I keep getting different quotes from different people about COAD.

1. First my PEBLO said: 4 months ago: "man I dont know if you are going to make it." "You have a strong case since you just go tdone with recruiting and your MOS is Human Resource but its not up to me". TODAY: "Since you have 9 recommendation letters to include one from a Brigadier General, you have a great chance"
2. My Case Manager: 4 Months ago: "You have nothing to worry about, you should be ok sinceyou have over 15yrs in"
3. MEB Attorny: TODAY: "So what are you wanting to get out of this?" not knowing what she was asking I SAID: "I guess just to make sure this packet is correct and that is why I came here". ATTORNEY: "Well I dont know how you think youre going to retire. I have seen these approved and disapproved"

All this is just making me very upset. My PEBLO stated that this is the strongest case he has seen since I have Human Resource as my MOS and Gold Badge Recruiter with great NCOERS. Does anyone know based on what I said what my chances are to be COAD approved for retirement?

Here is what I have on my NARSUM and I am trying to figure outif someone can help me with these diagnosis and tell me the rating.

FAILS RETENTION:
1. DDD of the Lumbar Spine
2. Degenerative arthritist of the Left Knee
3. Degenerative arthritist of the Right Knee

MEETS RETENTION:
1. Hyperlipidemia
2. Traumatic Brain Injury
3. Tension Headaches
4. Bilateral Hip Strain
5. Plantar Calvaneal Spur of the Left Ankle and Left Ankle Strain
6. Status Post Achilies Tendon Repair in 2009 Secondary to Nontraumatic Achillies Tendon Rupture
7. Erectyle Dysfuntion
8. DJD of Bilateral Foot
9. Bowing Deformity 10 Degrees at DIP of Right Finger
10. Scars to left ankle, left eyelid, left elbow, frontal scalp, and between eyebrows
11. Lipoma of the bilateral arms
12. Lipoma of the Left Leg
13. Early Presbyopia present in both eyes
14. Rotated Teeth
15. Moderate Gingivitis
16. Central Vertigo
17. Normal hearing Per VA Standards
18. Left Tinnitus
19. Right Tinnitus
20. Levoscoliosis
21. Right Shoulder Strain
22. Left Shoulder Strain
23. Left Elbow Strain
24. Right Elbow Strain
25. Cervical Strain
26. Major Depressive Disorder, Single Episode, Moderate(in the notes they put that I had no history of Behavior Health Visits) By this time I had 6-7 visits already but they could not find any record in the system.
27. Alcohol Abuse

Also, if all these are listed on the DA Form 3947, does this mean I will be getting a rating for ech one of these diagnosis?
 
The PEB will look at all conditions on your 3947, but will more than likely find you unfit for your "fails to meet retention standards" The VA will rate all conditions based on the VASRD. Your back and knees will be rated based on your range of motion. What was your ROM for those? That will be a good starting point to figure out what your rating would be.

As far as COAD, nobody can tell you what they will decide because each case is different. You sound pretty smart, so I assume you have put your nose in AR 635-40. That is going to be your best reference on how they make their decision. If your conditions are combat rated, and you meet the medical requirements, COAD is approved.

Joe
 
ranger2992 said:
The PEB will look at all conditions on your 3947, but will more than likely find you unfit for your "fails to meet retention standards" The VA will rate all conditions based on the VASRD. Your back and knees will be rated based on your range of motion. What was your ROM for those? That will be a good starting point to figure out what your rating would be.

As far as COAD, nobody can tell you what they will decide because each case is different. You sound pretty smart, so I assume you have put your nose in AR 635-40. That is going to be your best reference on how they make their decision. If your conditions are combat rated, and you meet the medical requirements, COAD is approved.





Joe,
Looks like the ROM for my knees
Right:
Flexion 85
Extension 0

Left:
Flexion 90
Extension 0

THORACOLUMBAR SPINE:
Flexion 20
Extension 10
Right lateral flexion 15
Left lateral flexion 15
Right rotation 20
Left rotation 20

Can you tell me if I will get good rating based on these numbers


Joe
Click to expand...
 

I know your back is 40% based on your ROM. As for your knees, I am getting 0%. I am no expert on knees. Maybe somebody else with knee knowledge can chime in. Diagnostic code in the VASRD is 5256-5261.
 
Joe,
You might be correct! I just found the "knee deal". Still though I am confused because when I went in to be seen by the VA the doctor did all the joints range of motion. With my knees, I barely moved them since she told me to stop when it hurts. When I said barely, it was a slight movement. Best way I can explain it was maybe 6 inches of a movement on both knees.

Now, 8 months prior I was seen on post for my knees in Physical Therapy and I was struggling to bend my knnes bad and I almost bent it all the waybut with a lot of pain. So does the VA look at DOD(Army) Records and base it off that?

Also, I have not had an MRI on my knees in years, so do I have an argument to get an UPDATED MRI?


5256 Knee, ankylosis of:

Extremely unfavorable, in flexion at an angle of 45 degrees; or more.............. 60
In flexion between 20 degrees; and 45 degrees;........................................................ 50
In flexion between 10 degrees; and 20 degrees;......................................................... 40
Favorable angle in full extension, or in slight flexion
between 0 degrees; and 10 degrees;......................................................................... 30

5257 Knee, other impairment of:

Recurrent subluxation or lateral instability:
Severe............................................................................................................ 30
Moderate........................................................................................................ 20
Slight ............................................................................................................. 10

5258 Cartilage, semilunar, dislocated, with frequent episodes of
“locking,” pain, and effusion into the joint............................................... 20

5259 Cartilage, semilunar, removal of, symptomatic...................................... 10

5260 Leg, limitation of flexion of:

Flexion limited to 15 degrees;.................................................................... 30
Flexion limited to 30 degrees;.................................................................... 20
Flexion limited to 4 degrees;.................................................................... 10
Flexion limited to 60 degrees;...................................................................... 0

5261 Leg, limitation of extension of:

Extension limited to 45 degrees;............................................................... 50
Extension limited to 30 degrees;.............................................................. 40
Extension limited to 20 degrees;.............................................................. 30
Extension limited to 15 degrees;.............................................................. 20
Extension limited to 10 degrees;.............................................................. 10
Extension limited to 5 degrees;................................................................. 0

5262 Tibia and fibula, impairment of:

Nonunion of, with loose motion, requiring brace.......................... 40

Malunion of:

With marked knee or ankle disability.......................................... 30
With moderate knee or ankle disability....................................... 20
With slight knee or ankle disability............................................. 10

5263 Genu recurvatum (acquired, traumatic, with weakness and
insecurity in weight-bearing objectively demonstrated) ....................... 10
 
Are you on title 10 orders? Do you have 18 good active duty years? If this is the case then you fall under sanctuary (10 USC § 1176) and will be allowed to receive a regular retirement so you choose.

Continue through with the MEB and weigh all options to see what is most beneficial to your family. At this point in your career it is a very good idea to get a retirement attorney to look everything over and advise you as to what will make the most financial sense.
 
GSfowler,
Yes I only had one break in sevice but yes I do have 18yrs of honorable active duty service. Thank you for giving me positive jive. These people are scaring me. I would think I am good to go since out of 9 recommendation letters, 1 is from a Brigadier General.

When you say retirement attorney, do you mean the same attorney that I am going to see about my NARSUM?
 
Joe,
How did you get 40%?
Just trying to figure out how this is calculated...
 
No, not the same attorney for the MEB/PEB and certainly not sombody from the office of the soldier counsel. Just a professional that can look at your entire career, advise you on the best course of action to take to maximize your benefits.

If you are an active duty soldier (not mobilized reservist) sanctuary is automatic, if you are a reservist on title 10 active duty orders you must fill out a sanctuary packet at least 180 days from the expiration of your current orders.
 
gsfowler said:
Are you on title 10 orders? Do you have 18 good active duty years? If this is the case then you fall under sanctuary (10 USC § 1176) and will be allowed to receive a regular retirement so you choose.

Continue through with the MEB and weigh all options to see what is most beneficial to your family. At this point in your career it is a very good idea to get a retirement attorney to look everything over and advise you as to what will make the most financial sense.
Click to expand...

NO!!! Sanctuary does not supersede disability processing. You can be separated or retired even if you have 18 yrs active service.
 
gsfowler said:
No, not the same attorney for the MEB/PEB and certainly not sombody from the office of the soldier counsel. Just a professional that can look at your entire career, advise you on the best course of action to take to maximize your benefits.

If you are an active duty soldier (not mobilized reservist) sanctuary is automatic, if you are a reservist on title 10 active duty orders you must fill out a sanctuary packet at least 180 days from the expiration of your current orders.
Click to expand...

See my above post. Sanctuary does not "derail" or offer protection for members in the MEB/PEB process.
 
See this is what scares me...

Different answers from different folks
 
Giosell said:
See this is what scares me...

Different answers from different folks
Click to expand...

Can't help what other folks say. I understand the sentiment, but I have posted about this many times before (with references to the statutes and regulations). I don't have time now to search for and repost what I have posted about before. Search for my posts on this subject and you will see the basis for the fact that sanctuary does not protect members from separation due to disability. (I am loathe to just say, believe me because I am right- I am not doing that here, I am encouraging you to search for other posts where I have addressed this at length. Though, I suppose the fact that I have been on active duty a Chief, Soldiers' Counsel, and have been practicing law in this arena for more than 7 years might mean something).
 
Jason
I was not saying you are wrong in anyway, but rather jusy saying that I hate to come all this way and not retire.
 
Giosell said:
Jason
I was not saying you are wrong in anyway, but rather jusy saying that I hate to come all this way and not retire.
Click to expand...

No worries, I did not think you were suggesting I am wrong. All I meant is that I really can't account for what other people say. I have no problem addressing or responding to questions or points that have some reference to something I can respond to. I just can't respond to what other people say in a vacuum.

And, you are right to want to retire. Hopefully, you get that outcome. Anything we can do to help you get that outcome, feel free to ask. Hope it all goes your way.
 
Sanctuary implies that you are physically able to perform the actions required by your MOS, I kind of fell into the same boat :oops: As Jason posted above do a word search on any issue in this forum and you can find the gouge you are looking for. There are tons of info in this forum, you just have to sift through it. Sorry, I am sure that this isn't what you wanted to hear.
 
Jason,
I would like to do the appeal, appeal, appeal game but just dont exactly know the routine. Today I will be talking to the MEB/PEB lawyer.

Is this where I start the "stretch time" game?
Is it possible to stretch this a 1yr n 1/2?
 
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