BLUF: I am unfit. Dx ME/CFS, which is the unfitting condition that sent me to the MEB. Form 356 rated fibro as unfitting and rolled up ME/CFS into it for a total of 40%. Will an FPEB address this?
Background: USAF O5, 17 years, previously deployed to gulf war region, unfitting for ME/CFS (dx May 2017). Have a list of other conditions. Thanks to everyone for your participation here and invaluable info. Thanks to Jason and other PEBForum vets for guiding us through the process. I've been lurking for quite awhile, but now is the time for action. I also plan to give more detail about ME/CFS, as the forum on this subject is a little bare.
Details: After I entered the IDES process in May 2017 for Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS), I completed exams in June. The general exam did not address ME/CFS at all, even though that was my unfitting condition. I filed a VBA 21-4138, noting this and requesting an exam and DBQ for ME/CFS, once I received all the results in July. VA scheduled me for another exam in October, which was only an addendum exam for fibromyalgia and muscle injury. They did not address ME/CFS at that exam, even though I requested the nurse practitioner for that exam before and during the exam. I asked to speak with the supervisor, but she was out on leave. Apparently the examiner was on strict orders from DVA to do the fibro and muscle exam only, and he rushed through it. I got the exam results back and the details in there were completely incorrect. The nurse stated I had a dx for fibro, which is incorrect (I still don't have a dx from rheumatology).
The 356 listed CFS as my main unfitting condition, but also stated "DVA rated as fibromyalgia to include chronic fatigue syndrome and myofascial pain syndrome." Rated at 40% with VASRD 6354-5025, and not combat related (which I do not agree with, since I was definitely in a combat zone and can prove it with a medal and photos in country). Also, I have a dx of obstructive sleep apnea, been on a APAP/CPAP for three years, and the VA rated me at 0%. The reason: "higher rating not warranted for sleep apnea symptoms unless the evidence shows: persistent day-time hypersomnolence." My sleep study and dx, by the sleep doc, as well as my NARSUM, states: "active duty male with a history of severe daytime somnolence for the past 4 to 5 years." This is stated numerous times in several records by my sleep doc. The VA report has incorrect dates, incorrect diagnoses, and did not use my medical records in full.
The Issue: Already contacted OAC and my lawyer will call in the next few days to get my details. Will an FPEB fix the issue with my unfitting conditions? I have dx for CFS, no dx for fibro -- yet, they rated me under fibro. I believe the percentage should also be 60% for CFS -- it would be the case if the VA gave me a CFS exam/DBQ, but most the info they put in the exam was incorrect. I asked several times, in writing, for a CFS exam and DBQ, which they did not give me.
I have until 13 NOV to sign and turn in my 1180, asking for an FPEB. Thoughts, everyone?
Background: USAF O5, 17 years, previously deployed to gulf war region, unfitting for ME/CFS (dx May 2017). Have a list of other conditions. Thanks to everyone for your participation here and invaluable info. Thanks to Jason and other PEBForum vets for guiding us through the process. I've been lurking for quite awhile, but now is the time for action. I also plan to give more detail about ME/CFS, as the forum on this subject is a little bare.
Details: After I entered the IDES process in May 2017 for Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS), I completed exams in June. The general exam did not address ME/CFS at all, even though that was my unfitting condition. I filed a VBA 21-4138, noting this and requesting an exam and DBQ for ME/CFS, once I received all the results in July. VA scheduled me for another exam in October, which was only an addendum exam for fibromyalgia and muscle injury. They did not address ME/CFS at that exam, even though I requested the nurse practitioner for that exam before and during the exam. I asked to speak with the supervisor, but she was out on leave. Apparently the examiner was on strict orders from DVA to do the fibro and muscle exam only, and he rushed through it. I got the exam results back and the details in there were completely incorrect. The nurse stated I had a dx for fibro, which is incorrect (I still don't have a dx from rheumatology).
The 356 listed CFS as my main unfitting condition, but also stated "DVA rated as fibromyalgia to include chronic fatigue syndrome and myofascial pain syndrome." Rated at 40% with VASRD 6354-5025, and not combat related (which I do not agree with, since I was definitely in a combat zone and can prove it with a medal and photos in country). Also, I have a dx of obstructive sleep apnea, been on a APAP/CPAP for three years, and the VA rated me at 0%. The reason: "higher rating not warranted for sleep apnea symptoms unless the evidence shows: persistent day-time hypersomnolence." My sleep study and dx, by the sleep doc, as well as my NARSUM, states: "active duty male with a history of severe daytime somnolence for the past 4 to 5 years." This is stated numerous times in several records by my sleep doc. The VA report has incorrect dates, incorrect diagnoses, and did not use my medical records in full.
The Issue: Already contacted OAC and my lawyer will call in the next few days to get my details. Will an FPEB fix the issue with my unfitting conditions? I have dx for CFS, no dx for fibro -- yet, they rated me under fibro. I believe the percentage should also be 60% for CFS -- it would be the case if the VA gave me a CFS exam/DBQ, but most the info they put in the exam was incorrect. I asked several times, in writing, for a CFS exam and DBQ, which they did not give me.
I have until 13 NOV to sign and turn in my 1180, asking for an FPEB. Thoughts, everyone?