Sleep Apnea, back issues and MEB/PEB

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surfer495	Sleep Apnea, back issues and MEB/PEB		Lead	[-]
Rookie VBNer Posts: 1 10/10/07 20:47:48	I am currently on active duty. I've been in the AF for 3 years and have been diagnosed with obstructed sleep apnea requiring the use of the CPAP machine, arthritis in my lower back and a degenerative lower back issue effecting my lower 2 disks. I have just been put in for the MEB and waiting to hear back. I don't know what I am looking at now. No one can seem to give me any guidance on whether I'll be staying in or getting out. All I know is when I finally get the results, I have 40 days to separate...not a lot of time to pack up my life. Do you think I'll get out or be staying in?
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brianwl		#1	[url]	[-]
Posts: 3039 10/10/07 21:21:49	surfer, Welcome to the VBN. First, the 40 day thing is a load of bunk. The MEB/PEB can be a long drawn out process and in fact very nerve rattling. They make it nerve rattling in an effort to keep you from appealing what they offer you. Now, let's get specific. You have two major problems, both of which would be limiting to your ability to stay in the military. First thing to know is which one they used when they put you in for the MEB. Generally they pick one condition. It is up to you to get other conditions added once the MEB results come back. So, before we go much further, we need to know what you do in the AF. This will help us to define what kind of advice to give you.
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surfer495		#2	[url]	[-]
Rookie VBNer Posts: 2 10/10/07 21:47:18	I am security forces. Sleep apnea was the originally thing that put me in for the MEB. But I made sure my primary care doctor added the other issues in her narritive portion. For the back, I have documented results and x-rays confirming everything. Also, I have 1 year left on my service commitment.
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brianwl		#3	[url]	[-]
Posts: 3045 10/10/07 22:06:50	surfer495 wrote: I am security forces. Sleep apnea was the originally thing that put me in for the MEB. But I made sure my primary care doctor added the other issues in her narritive portion. For the back, I have documented results and x-rays confirming everything. Also, I have 1 year left on my service commitment. Ok, that helps. Once the MEB comes back you will either be returned to duty or your file will be forwarded to the Initial PEB. So, the question now would be, can you meet and maintain the basic physical requirements of the AF, not your AFSC? If yes, then head down to CBPO and start looking for a new job to retrain into. Have that info handy when the MEB results come back. You can request retraining into that new field as part of the package that goes to IPEB. If you cannot meet the minimum physical requirements of the AF, then you should expect the IPEB to come back with a recommendation to put you out. At that point you will have to make some decisions. Considering you have only one year left, do NOT let them drag their feet on anything. Once you get your IPEB rating, we can advise you whether or not to appeal and how to proceed from that point.
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surfer495		#4	[url]	[-]
Rookie VBNer Posts: 3 10/10/07 22:15:06	Thanks Brian for the advice. I will keep on them for sure. I want to finish this whole thing asap. Lets say they do RTD. Can that be apealed? I'm just worried the AF is just going to make me "tough it out." If I am going to be on constant profiles for my back, I don't see how they will make me stay in. I mean I carry on a daily basis as security forces 20-25lbs of gear on my back. And for sleep apnea, I've been told they won't separate you soley on that reason, but a combo of problems they might. Both the sleep apnea and back problems all were developed right after I returned from OIF.
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brianwl		#5	[url]	[-]
Posts: 3048 10/10/07 22:20:33	IF they RTD, you need to go to CBPO and make sure you have not been limited on your ability to reenlist. If you have, that will be a HUGE sign you are getting the BOHICA. Yes, you can appeal the RTD. I would still go do the research on other jobs so that you can offer up something that shows you want to stay in and serve your country, if that is what you want to do. I'm just guessing, but it sounds like that is your intent.
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surfer495		#6	[url]	[-]
Rookie VBNer Posts: 4 10/10/07 22:24:39	No, I'm actually hoping for separation. I don't want to stay in any longer. Thats why I am so hell bent to try and find out if I will be separated so I can find a job.
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brianwl		#7	[url]	[-]
Posts: 3049 10/10/07 22:48:20	surfer495 wrote: No, I'm actually hoping for separation. I don't want to stay in any longer. Thats why I am so hell bent to try and find out if I will be separated so I can find a job. Then you will likely get out, but it could very well be with nothing. If you get less than a 30% rating, it's the same as getting nothing because the VA has to recoup that money before you receive any VA Comp.
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JADMP		#8	[url]	[-]
Posts: 152 10/11/07 00:23:58	The deciding factor in the decision of whether you will be found fit or unfit is how your conditions impact your duty performance. Your AFSC is probably one of the more demanding physically, so you should be in good shape if you have documented limitations on your duty. The important thing is to document each condition separately. Evaluations, duty limitations on profiles and letters from chain of command or supervisors will be helpful. Once unfit, your goal should be to reach 30%. Whether you can or not will depend on the individual facts of your case, but you need to gather as much evidence as possible to support a higher rating. Best of luck. Let us know any other questions.
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surfer495		#9	[url]	[-]
Rookie VBNer Posts: 5 10/11/07 07:09:47	Brian, what do you mean by the VA has to recoup the money? Do you mean if I am separated with severance pay, I have to pay that back before receiving a VA check? This whole system is so messed up! I know the AF won't give me anything for sleep apnea, but then the VA will turn around and give me 50%. Something just isn't right about that.
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brianwl		#10	[url]	[-]
Posts: 3057 10/11/07 08:57:04	surfer495 wrote: Brian, what do you mean by the VA has to recoup the money? Do you mean if I am separated with severance pay, I have to pay that back before receiving a VA check? This whole system is so messed up! I know the AF won't give me anything for sleep apnea, but then the VA will turn around and give me 50%. Something just isn't right about that. Unfortunately, you are correct. If you hold out for the 30% which is always recommended, then you will have all the retirement benefits except you again will not get to keep the $$ due to the dollar for dollar offset for your VA comp. The system is messed up and there are various attempts in Congress right now to correct it. Take a gander in VDBC forums to see what's in the mill at this time. Also check out the Concurrent receipt forums since getting the 30% makes you a Ch61 retiree.
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surfer495		#11	[url]	[-]
Rookie VBNer Posts: 6 10/11/07 09:08:33	Another question...The original reaon for the board was sleep apnea. It wasn't until yesterday when my doctor and I were getting the narrative together did her and I realize that my back problems were conditions that require a MEB. I was never explained the extent of my back condition by my physical therapist. I have read things about getting conditions itemized. Does it really matter? Or as long as its in there, the board treats each condition equally? I have a call into my doctor to make sure its all on there fine. This process takes long enough. I don't want it to take any longer than it needs to be just becuase someone messed up the paperwork.
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brianwl		#12	[url]	[-]
Posts: 3058 10/11/07 09:34:53	Yes, it is important to itemize everything.
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maparker		#13	[url]	[-]
Posts: 383 10/11/07 13:57:49	DoDI 1332.38 requires the following in all MEB's: E3.P1.2.3. Content. MEBs, TDRL physical examinations, and Reserve component physical examinations shall document the full clinical information of all medical conditions the Service member has and state whether each condition is cause for referral into the DES. (See enclosure 4 of this Instruction.) Clinical information shall include a medical history, appropriate physical examination, medical tests and their results, medical and surgical consultations as necessary or indicated, diagnoses, treatment, and prognosis. MEBs shall not state a conclusion of unfitness because of physical disability, assignment of disability percentage rating, or the appropriate disposition under Chapter 61 of 10 U.S.C. (reference (b)). Sleep Apnea is a condition that the Services have been incorrectly rating for years. The VDBC specifically called out the ratings for sleep apnea in their recently released report: Page 265: The DoD DES provides instructions for using the VA Rating Schedule that, in effect, change the criteria for rating many conditions. For example, DoD instructions regarding sleep apnea profoundly change the criteria. CNAC found that the services rated 107 of 123 cases of sleep apnea as zero percent disabling, yet unfit. Meanwhile, VA rated all 107 cases in the 30-100 percent range, with 105 rated at 50 percent, one at 30 percent, and one at 100 percent. Full Report is at http://www.vetscommission.org/reports.asp Mike
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Retirado		#14	[url]	[-]
Posts: 33 10/11/07 17:41:39	Surfer, Do a Google search, Discharged from military Sleep Apnea Last Edited By: Retirado 10/11/07 17:55:53. Edited 1 time.
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surfer495		#15	[url]	[-]
Rookie VBNer Posts: 7 10/11/07 18:34:28	Retirado, I've looked at just about every single forum and website for sleep apnea, talked with my doctors and anyone else with any experience in the matter. Everyone has told me the same thing, I will be put in a non deployment status and returned to duty. The only time I've heard of anyone getting out with sleep apnea was if there were other medical complications. I do feel like the Air Force is going to try and hose me on all of this...sleep apnea, arthritis in my back and degenerative disc disease were all post deployment issues. Before I went to Iraq, I didn't have any medical problems at all.
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Retirado		#16	[url]	[-]
Posts: 34 10/11/07 21:19:07	Surfer, That's my opinion too, you will be returned to duty.
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brianwl		#17	[url]	[-]
Posts: 3073 10/11/07 21:22:32	surfer, The important thing is to ensure you have the information that maparker gave you.
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surfer495		#18	[url]	[-]
Rookie VBNer Posts: 8 10/12/07 12:58:22	Brian, thank you for the assistance once again. I double checked with my doctor who is submitting my MEB, and my conditions are itemized. Like I said before, I have never had any major medical issues and as soon as I returned from Iraq, I had two. At age 21, I have disabilities that will effect me the rest of my life. The hardest part of this whole process other than the stress from it all has to be dealing with co-workers. With my bosses hounding me and my other co-workers busting me chops for getting out of work so much, it makes it for a difficult time. And I'm not trying to scam my way out of the military. I am really just trying to take care of my problems to assure in the worst case it will be covered by VA. Its my life and body and I want it to last...
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surfer495		#19	[url]	[-]
Rookie VBNer Posts: 10 10/21/07 14:22:13	So there has been a recent change with my MEB process. I just met with my doctor who submitted the narrative portion and she said that not all my conditions are on there to be evaluated. Even though I asked before and she has assured me that both my sleep apnea and the degenerative disc deseise were both getting rated. Now to find out, only sleep apnea is on there and the back condition is just listed in my medical history. She is suppose to try and get it on there. Since most people don't get separated for sleep apnea, does it usually even end up at the IPEB or just stop at the MEB at my MTF? I understand I can request to go in front of the FPEB to submit the missing evidence supporting my claim? Is this correct? What do I need to do to make sure everything is being evaluated and the right people see correct evidence?
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brianwl		#20	[url]	[-]
Posts: 3184 10/21/07 16:42:17	Since most people don't get separated for sleep apnea, does it usually even end up at the IPEB or just stop at the MEB at my MTF? I don't know that "most people" don't get separated for sleep apnea. A lot of it depends on it's severity and it's impact your ability to work and fulfill the requirements of your career field. I understand I can request to go in front of the FPEB to submit the missing evidence supporting my claim? Is this correct? What do I need to do to make sure everything is being evaluated and the right people see correct evidence? Once the MEB results come back, you will be notified as such by your PEBLO and you will be given the opportunity to provide comments before it goes to the IPEB. That is when you should bring up the issues of your back and it's impact on your ability to do your job. Again, this has to stand alone as the post from maparker shows.
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