Hello Mr perry. Greatly appreciate what you have been doing after reading through. I have a case and i require some advice from you or anyone.
Been having knee issues for 7 months now been to physical therapy for 4 months and then discharged, went to orthopedic after MRI and got diagnosed with chondromalacia in both knees however the left knee is worst showing much degeneration. I got injections prp which didn’t help then orthopedic told me to make a decisions with my career goals and go speak with my wife/family because my diagnosis is a condition that will separate me also being on a profile longer that 180 days will trigger one. I went home and made the decision that I’ll take the MEB option the orthopedic then schedule me to a FIT for DUTY and then told me and also put in her notes that I’d rather to exit the army via MEB and I should go back to PA.
I went to My PA who now states that he has seen guys with this diagnosis still jump out of planes and keep doing airborne things. I am 3 months away from being 31 years old and have a kid on the way. My PA states that he sees that I just want to get out the ARMY and that’s okay to him but my right knee isn’t that bad opposed to the left. Also he told me I have to get my FIT for DUTY appointment fulfilled which is on Friday before he can do anything but therapy again. Is it that my PA is disregarding my diagnosis of my knees because I am in so much pain from this injury I received and it’s been since last year June. I joined late because I am in a little over a year. What are the odds at FIT for DUTY exam this Friday. Sorry for the long post.
Been having knee issues for 7 months now been to physical therapy for 4 months and then discharged, went to orthopedic after MRI and got diagnosed with chondromalacia in both knees however the left knee is worst showing much degeneration. I got injections prp which didn’t help then orthopedic told me to make a decisions with my career goals and go speak with my wife/family because my diagnosis is a condition that will separate me also being on a profile longer that 180 days will trigger one. I went home and made the decision that I’ll take the MEB option the orthopedic then schedule me to a FIT for DUTY and then told me and also put in her notes that I’d rather to exit the army via MEB and I should go back to PA.
I went to My PA who now states that he has seen guys with this diagnosis still jump out of planes and keep doing airborne things. I am 3 months away from being 31 years old and have a kid on the way. My PA states that he sees that I just want to get out the ARMY and that’s okay to him but my right knee isn’t that bad opposed to the left. Also he told me I have to get my FIT for DUTY appointment fulfilled which is on Friday before he can do anything but therapy again. Is it that my PA is disregarding my diagnosis of my knees because I am in so much pain from this injury I received and it’s been since last year June. I joined late because I am in a little over a year. What are the odds at FIT for DUTY exam this Friday. Sorry for the long post.
If you are in the PEB process (i.e. the PEB has accepted your case), you should not be separated or retired until the process is complete. You may face issues with the Presumption of Fitness Rule, but that is a rebuttable presumption.
Much depends on what happens to you next. At the very least, you always have the option to apply to the Board for Correction of Naval Records if they retire you without fully going through the PEB.
There are many details that I am not clear about your case. It may be that you should go to the IG or request Mast if they try to retire you before the PEB process is done. I am just spit-balling here because I am not sure about your exact situation. But, seems clear to me that you should not be retired until the PEB adjudicates your case.
Jason