Received Finding of 'FIT'

(new member, correct me if I'm not in the right forum)

I apologize for the long post, but at this point I'm kind of at a loss of words because of the findings and my loss of ability to perform. The NMA specifically states that I cannot and do not perform well in my current job. Yes, I do still work where I worked but my Chain of Command states that my performance is low. Is there anything that I can do or should do? I feel that they just read the first question and moved on. I wish that it were possible to submit a PFR before a formal board but I have no idea of what to do at this point. Thank you for taking the time to read this in advance as well as any assistance that you can provide is greatly appreciated.

13DEC2016:
Enrolled into IDES for Eosinophilic Esophagitis.

07JUN2017:
Addendum to MEB was filed for AVNRT (AV Nodal Re-entry Tachychardia), Syncope, and inappropriate sinus tachycardia.
States the following, "This service member is referred to the Physical Evaluation Board currently and this addendum is an addition to the patient's already submitted PEB. This Medical Evaluation Board Physician believes that, with reasonable medical certainty, this service member's conditions are likely to interfere with the performance of duty in the MOS and rank. The member's condition most likely is permanent, and/or any further period of TLD is unlikely to return the member to full duty. The service member's limitations do not meet the standards of SECNAVINST 1840.4E 80XX."

08JUN2017:
Final MEB was submitted to the PEB for disposition. The non-medical statement states the following:
" c. Is the member currently working outside of his/her specialty because of the medical condition? (No) If yes, is the member working outside of his/her specialty could the member perform in his/her rating? (NA)

m. Does the member have good potential for continued service in his/her present physical and mental condition? (No) If “No,” please explain why not: (SM) is not suitable for continued service due his condition. He has undergone multiple treatment measures and medication regiments. Members intention was to have continued success in his naval career but these conditions have provided him with major setbacks. His conditions not only affect his dietary needs but also the output of his work. (SM) potential for continued service is poor at this time.

Do you recommend PLD only to complete EAS? (No)
If “No” to any of the above, please explain why.
(SM) medical conditions prevent him from being worldwide assignable. His need for more comprehensive healthcare along with his desire to separate, renders him unable to perform in his specialty ratings, and inhibits him from continued Naval service.

COMMANDING OFFICERS COMMENTS
a. How does the medical condition(s) impact the Member’s work capacity in relation to his/her MOS/RATE? (SM) inability to run a task to ground due to his required specialty care needs greatly affect the mission of the BIOMED division. Numerous dietary requirements make him unable to perform service at outlying facilities. Faced with multiple changes to not only his work but also his personal life, his performance has decreased in the area of medical equipment repair, standard precision calibration, and the documentation of checks done on lifesaving equipment.

b. Include an explanation on what Mission Essential Tasks the Member substantively can or cannot do regarding the primary duties of his/her MOS/Rate: (SM) is unable to perform mission essential tasks at this time. He is physically limited from full duty, and cannot provide medical care to patients aboard ships or with the Fleet Marine Force. Additionally, his symptoms impair him from functioning effectively in his NEC physically.

06SEP2017:
Received finding of: Fit to continue on Active Duty
(Findings Below)

Medical Officer
2017-08-09
Per the non-medical assessment, the member is working in rate.
FIT (the record and evidence presented documents that the medical condition or disease does not interfere significantly with the member's ability to carry out the duties of his/her office, grade, rank, or rating.) Combined effect was considered and not found to be substantiated in this case.

Presiding Officer
2017-08-29
The evidence establishes that the member is able to reasonably perform the duties of his office, grade, rank, or rating/ Military Occupational Specialty (MOS

 

[concernedwife]

just commenting here to follow and get notifications. my husband is an IT in the navy and has three years left in his contract - he went through the PEB and was found fit due to a statement made mistakingly by his chief. we are contesting this now and have seven days to do so.

 

[concernedwife]

**UPDATE**

I will be including the first page of the response form the Navy regarding my congressional inquiry. The second page is 3 lines long describing that my providers can submit a second MEB for the same thing. I will keep my opinions to myself because I would like to hear what you all think of this. The two things that I will note are that in the letters submitted with my rebuttal to the original findings it was stated that I am not working in my currently assigned duties, just that department due to manning issues. The second thing is that I would like for anyone reading this document to pay attention to the second paragraph and last sentence as I did not receive a correction to this. Should I have?

okay can i make a suggestion to you? i am no expert, but this is what my husband is going through. it sounds to me like your command wrote in their statements as well as questionairres that you're not worldwide deployable or assignable BUT that doesn't clock out the fact that you can be on shore the remainder of your contract. does that make sense? i am assuming you're in the 'computer field' like my husband is in the navy as well?

 

[themillers11]

just commenting here to follow and get notifications. my husband is an IT in the navy and has three years left in his contract - he went through the PEB and was found fit due to a statement made mistakingly by his chief. we are contesting this now and have seven days to do so.

Just make sure that 1) he includes new medical documentation as well as statements from his providers agreeing that the condition still exists and that they believe it to be unfitting. 2) statements from his immediate CoC speaking on his job performance or lack thereof.

It seems to me that regardless of job performance, work hours, or anything negatively impacting the sailors duty to perform, that if you work in the primary place of duty (that pertains to your rate or NEC) that they will always find you "FIT". The logic of it makes no since to me.

 

[concernedwife]

Just make sure that 1) he includes new medical documentation as well as statements from his providers agreeing that the condition still exists and that they believe it to be unfitting. 2) statements from his immediate CoC speaking on his job performance or lack thereof.

It seems to me that regardless of job performance, work hours, or anything negatively impacting the sailors duty to perform, that if you work in the primary place of duty (that pertains to your rate or NEC) that they will always find you "FIT". The logic of it makes no since to me.

i agree completely. i just re-read your initial post above on here and i feel like [and same goes for my husband] that the command somehow needs to put that he is unable to perform his duties worldwide OR on shore, etc. i feel like maybe that might be it. again, i am no expert - but there has to be a method to the madness in all of this. your statements from the command clearly show you cannot do your job due to all of these dietary limitations

 

[bleacherspy]

themillers11... hate to hear you are experiencing this, and its a mirror image of my case. The response letter is exactly what I would expect the SECNAVCORB to say and unfortunately, that's probably enough to deflect the attention from your Rep. The only real way to know what they looked at is to get a copy of your TRIM file (I think that's what the file is called) and working cards to see what they actually looked at because there will be stamps on it indicating who and when. My lawyer got it for me so I don't know how you would go about doing that on your own. I think your best bet is to have another MEB written up if you have support from your command and doctors. You will have to wait 6 months to do that if I remeber right. There is an avenue to waive that wait time, but it has to come from the PEB president if I remember right. If you can't get that, then your next course of action would be to go to the BCNR and appeal. Its a very long process and you'll need a lawyer most likely. I really think your NMA hurt you and the wording should have been more severe to indicate you can't do your job. Your CO should have written a lot more in his comments section about your inability to work. I didn't like the statement in the PLD part that says "desire to separate." This hurts too: "c. Is the member currently working outside of his/her specialty because of the medical condition? (No) If yes, is the member working outside of his/her specialty could the member perform in his/her rating? (NA)"

For what its worth, I was the CO when I got injured and I will tell you that I didn't know enough about the NMA until I went through the process myself. If your chain of command will allow it, I would put together a much stronger worded NMA to support an UNFIT finding. I wrote both of my NMA's for my boss to sign to make sure I got the whole message through.

 

[concernedwife]

sorry to hijack the post - but we requested the TRIM file and working cards. it showed that they literally read the first four pages [command statement] and based their decision off of that. if i wasn't upset before, i am now.

 

[bleacherspy]

I totally understand, because I felt the same.

 

[concernedwife]

any update? or do you have to wait the six months now?

 

[CMRay1991]

***UPDATE***

I have now submitted for a Congressional inquiry into the matter. When I submitted my appeal and received a denial of a Formal Board, they said they denied it based off of no new evidence. I attached 10 statements and a plethora of medical documentation. When I get an answer back I’ll update again.

how did you request this. I'm quit curtain I'm going to have to do this. as they only found me fit because i have good evals

 

[Panzy]

okay can i make a suggestion to you? i am no expert, but this is what my husband is going through. it sounds to me like your command wrote in their statements as well as questionairres that you're not worldwide deployable or assignable BUT that doesn't clock out the fact that you can be on shore the remainder of your contract. does that make sense? i am assuming you're in the 'computer field' like my husband is in the navy as well?

I am in the exact same boat, just Marine side. I was found fit, but only based on the fact that the NMA said with my special duty i can remain till i EAS. With me being at a I&I billet i don't really do my MOS, if i were to be in the fleet i feel the decision would have been a bit different, seeing as i haven't ran a PFT or CFT in over 1.5 years. But my command said they can facilitate my medical and mental needs at this station, but i'm still not deployable, but fit for service, just not reenlistment.

 

[concernedwife]

I am in the exact same boat, just Marine side. I was found fit, but only based on the fact that the NMA said with my special duty i can remain till i EAS. With me being at a I&I billet i don't really do my MOS, if i were to be in the fleet i feel the decision would have been a bit different, seeing as i haven't ran a PFT or CFT in over 1.5 years. But my command said they can facilitate my medical and mental needs at this station, but i'm still not deployable, but fit for service, just not reenlistment.

sounds like they're trying to pull a fast one on you. i would fight it. we are fighting it, and my husband was granted a formal board.

 

[Underbalanced]

I also have a similar timeline. I also cannot have my security clearance back due to mental health. I have Major Depression Disorder, Generalized Anxiety Disorder and Chronic Irritable Bowel Syndrome with Diarrhea and chronic pain. The IPEB said I was out of work due to conduct from a UCMJ violation and I promoted fine before. I was out of work for over 345 appointments prior to the UCMJ. The FPEB said I was denied for a formal board without review by the CORB. I have help from nvlsp.org who are challinging that the FPEB cannot be a final denier for in person hearing and that the Navy CORB in 2015s memo delegating this authority is not consistent with the SECNAVs desires; that the SECNAV intended one separate entity to review and be the final denier for a hearing request. I will post my story once I get to a desktop computer. I am still waiting to hear back from the Navy CORB/attorneys. My attorneys intend to take this to federal court to challenge the authority delegation and wrongful findings. Prior to my UCMJ I had been a decent Sailor with decent eval and sought after technically.