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XStatic1,
Welcome to the VBN and I would ask you post a separate Thread in this forum so that others can see your request for assistance.

In the meantime I'll start with my own advice. Where exactly did they state your husband was "Fit for Duty"? Was it at the MMRB, MEB, or PEB? I ask because if it was the PEB and they found your husband fit for duty, they did him an invaluable favor. Normally, as you stated, the highest rating DOD will give for Sleep Apnea is 0%. Now once separated, the VA gives a Rating of 50% if the use of a CPAP is prescribed.

DOD Policy # 7

https://www.hrc.army.mil/site/active/TAGD/Pda/policy_refs.htm

I stated above that the board gave a favor, my explanation of that statement is that you did NOT state your husband applied for COAD on the MEB Form.
What COAD means is Continuation on Active Duty and is only authorized for those who have over 15 Years. That way you can stay Active until your 20 Year retirement.

Now if the PEB came back with fit for duty, that doesn't mean the profile disappears. Whatever Restrictions are stated on his Permanent Profile that designated a 3 in his PULHES and is signed by the Hospital Commander, is now Permanent.

For example, if in his profile it stated NO 24 Hour Duty, Must Sleep with CPAP nightly requiring Electricity.
Then for his last 4 years he will never pull 24 Hour Duty and although he can be Deployed to Iraq, he must have power to plug in his CPAP.
This would probably mean he would be working in the Headquarters in some aspect, but that is completely up to his Chain of Command.

If separation is what he was looking for, unfortunately the PEB did not follow the Regulations. As I stated they made a mistake.
If retention was what he wanted, then the PEB has allowed him to do that. If this is what you two want, he needs to sign Concur and finish his last 4 years.

I just want to make clear that he would only receive Severance Pay which must be paid back to the VA before actually receiving any money from them.

So that is my advice. And it comes from someone who also has Sleep Apnea, was rated 0% by the PEB, and has a rating of 50% from the VA for Sleep Apnea.

welcome to the vbn!

I am quite suprised at this comment"

If he has 15 year plus they cannot to touch him because his retirement is already paid for!!

What are you referring to and what regulation covers this. That would be outstanding for hundreds that I know of that were separated between 15 and 19 1/2 years. As soon as you show me where that statement is I am quite sure a lot of people will be filing Application for correction of military records!

Standing by......