Scoliosis, pre-existing, but service related pain

[c172pic]

Hello all.

I am an LTJG in the Navy who is completing his second LIMDU. Below is a summary of my medboard package.

Scoliosis: pre-existing, AND mentioned while at OCS Medical screening. My aviation waiver- DENIED. but was given FULL Overseas Screening approval without restrictions for a Forward Deployed ship in Japan in the Surface Warfare designation.

In less than a year (2 deployments) I went from NO back pain, to SEVERE back pain. back Spasms etc... (note: prior employment was a baggage handler in college, and NO back problems were ever experienced. this is noted in my medical notes)

My first LIMDU -in Japan- I made no progress in pain. Infact, my pain got worse.

Second LIMDU- PCS'd to San Diego for treatment.
Some progress was made, but, then it went back up and the overall pain scale level averages out to a 7/10, and has been steady there.

On a side note: Other issues that I have developed are:
serious neck pains/ cracking my back without much effort
Migraines
inability to stand over 20 minutes
or walk over a mile without severe pain
I do NOT have a warfare pin due to going LIMDU prior to completion. I do not expect to be retained based off the Navy's requirement(s) for officers to have a pin prior to lat-transfers, and, that I am an O-2 without one. Plus, if I cannot go back to sea with my pain, what good am I in the navy?

All of this is while on the perscribed medicines. I don't want to know what the pain levels would be off of them.

I have not taken a PFA since JULY 2010.

I am talking to a JAG for guidance prior to submitting my MED board. I am told from fellow LIMDU personnel I work with that I am set for some rating/retirement. But, he-JAG- states otherwise.

Who here can provide guidance on my issue. I am desperately in need of some. This board has become a part of my day-to-day life with all the work needing to be done for it as I am sure you all are experienced with .

Thank you all.

 

[maparker]

How many years of active duty do you have?
Be aware of the following standard from the 14 October 2008 DoD DTM:

E3.P4.5.2. Presumption for Members on Active Duty for More than 30 days. The presumptions listed in E3.P4.5.2.1., through E3.P4.5.2.3., below apply to members on orders to
active duty of more than 30 days, for purposes of determining whether an impairment was incurred or aggravated while a member was entitled to basic pay.
E3.P4.5.2.2. After Entry
E3.P4.5.2.2.1. Presumption of Sound Condition for members ordered on active duty for more than thirty days. This presumption applies in all cases in which a member,
on active duty for more than 30 days is found to have a disability and the disability was not noted at the time of the member’s entrance on active duty. This presumption is overcome if clear and unmistakable evidence demonstrates that the disability existed before the Service member’s entrance on active duty and was not aggravated by military service. Absent such clear and unmistakable evidence, the PEB will conclude that the disability was incurred or aggravated during military service.
E3.P4.5.2.2.2. Hereditary and/or Genetic Diseases. Any hereditary or genetic disease shall be evaluated to determine whether clear and unmistakable evidence
demonstrates that the disability existed before the Service member’s entrance on active duty and was not aggravated by military service. However, even if the conclusion is that
the disability was incurred prior to entry on active duty, any aggravation of that disease, incurred while the member is entitled to basic pay, beyond that determined to be due to
natural progression shall be determined to be service aggravated. To overcome the presumption of sound condition, factual evidence based upon well-established medical
principles as distinguished from personal medical opinion alone must be presented to rebut the presumption. The quality of evidence is usually more important than quantity. All
relevant evidence must be weighed in relation to all known facts and circumstances relating to the condition. Findings will be made on the basis of objective evidence in the record as distinguished from personal opinion, speculation, or conjecture. When the evidence is not clear concerning whether the condition existed prior to service or if the evidence is equivocal, the presumption will not be deemed to have been rebutted and the member's condition will be found to have been incurred in or aggravated by military service.

Mike

 

[c172pic]

Thank you very much for your guidance. I do ask, which part of that instruction applies specifically for me. I do have several ways to state exactly what caused the issue while in(02yrs3mo) and how treatment was not afforded to me. Which, WILL be included.

can you provide any other direction(s) I can go? I had to go to the ER yesterday(roommate drove me) due to my back giving out. 4hrs for pain medicine as i could not walk, and I had no refills for my meds left.