Professional opinions welcome. What are my chances of finally getting insomnia added?

S

SanDiego2009

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Hello all! I'm in the Navy IDES process and I am expecting findings here in the next couple weeks. In the event I only get 20% for a bilateral joint issue, what are the chances of me having insomnia added as a referred condition if I appeal to a FPEB.

I have been getting seen for insomnia since August 2022 and 6 months before I got put on LIMDU for joint pain. I have taken various medication and had a sleep study done and eventually prescribed a CPAP.

I tried to have insomnia added as an unfitting condition via IMR but the doctor denied it primarily since I was still in the trial phase of the CPAP machine(I was in the first 45 days of use trial).

Since then, the CPAP which I have been prescribed since October of 2023 hasn't helped and I have a follow up appointment with my sleep doctor in May. In total I have been getting treated for this issue for 1 year and 6 months as of this post.

My C&P exam is probably going to put my insomnia at 10%.
So with all of this documentation in my medical records, my DBQ from the VA, a statement from my direct supervisor who sees my work performance 4 days week at work, as well as a detailed personal statement that outlines why I can't do my job and referencing DoD Instruction 6130.03 Volume 2 and refuting the points made by the doctor who rejected my IMR back in October.

How strong of a case do I have for appeal to the FPEB? I am trying to get insomnia added in addition to my joint pain, totaling 30%.

Thank you for reading.
 
Have you tried asking your attorney/counsel? Hopefully that was provided to you at the beginning.

I am on the East Coast/Hampton Roads Areas and have an attorney up at the hospital. I would ask that question to he/she?

As far as an appeal, I am to the understanding that you can appeal if you do not agree with your findings when they come back. That should be your sole right!!! So yeah, if you are not at the 30% for Med Retirment definitely appeal. But as far as getting the insomnia added? I am not sure?? It sounds like you already did the IMR, and they said no.

I do feel like you should be able to state your case with a formal board and adding the Insomnia.
 
Brazzi said:
Have you tried asking your attorney/counsel? Hopefully that was provided to you at the beginning.

I am on the East Coast/Hampton Roads Areas and have an attorney up at the hospital. I would ask that question to he/she?

As far as an appeal, I am to the understanding that you can appeal if you do not agree with your findings when they come back. That should be your sole right!!! So yeah, if you are not at the 30% for Med Retirment definitely appeal. But as far as getting the insomnia added? I am not sure?? It sounds like you already did the IMR, and they said no.

I do feel like you should be able to state your case with a formal board and adding the Insomnia.
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My attorney just tells me keep being seen for insomnia. He also stated that it is good I did an IMR because it shows a pattern of me trying to get insomnia added as unfitting as well as having more evidence than I did since that IMR was made.

Have you ever done an FPEB before by chance.
 
I have not done a FPEB.

My local MEB just finished up and was sent to the PEB 11MAR24.

I don't know much about that process. To my understanding, I believe you go in person and lay eyes on the board to fight for yourself.
 
OSA is rarely rated as an unfitting condition. I think sleep disorders in general will be an uphill battle. There is also the issue of pyramiding when multiple sleep disorders are diagnosed.

Definitively retain counsel if your doing a FPEB.
 
chaplaincharlie said:
OSA is rarely rated as an unfitting condition. I think sleep disorders in general will be an uphill battle. There is also the issue of pyramiding when multiple sleep disorders are diagnosed.

Definitively retain counsel if your doing a FPEB.
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Yeah I figured OSA isn't really unfitting since a CPAP machine is regarded as an easy fix. I am primarily focusing on insomnia since it's more regarded as a mental health condition funny enough. I have a lot of documentation though.
 
CPAP is not universally an easy fix. Many people struggle even on CPAP. It sounds like you are struggling. Consider following up with your Sleep Specialist.
 
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