Does MOS affect rate-able unfitting conditions?

#1
Would a condition that is considered unfitting for an aviator (Chapter 2 of AR 40-501) be DOD rate-able for an aviator, or do all conditions for DOD have to fall under retention standards (Chapter 3) regardless of MOS? Many of the standards are more stringent for an aviator.

Thanks for your help!
 

CWOStarbuck

Registered Member
#4
I'll let you know shortly. My 199 should be published soon. MEB found only Ch 3 conditions failed to meet retention standards, even though as an aviator I clearly have several more from Chapter 4. I submitted a rebuttal to the MEB hoping at least the PEB would take the time to read it.
 

Armyav

Registered Member
#5
CWOStarbuck,

Any word back on the unfitting conditions for Chapter 4? I just started my MEB and was wondering the same thing, numerous items that fail retention standards under Chapter 4 vs. Chapter 3.
 
#8
MEB would only cite chapter three as conditions failing to meet retention standards. PEB mirrored for unfit conditions what MEB found as failing to meet retention standards.

Only one of my 7 conditions initially diagnosed by VA was found as failing to meet retention standards for MEB (back). Appealed with help of legal and was able to have one additional condition (shoulder) found as unfit, but had to use chapter three verbiage. Attorney I worked with had multiple previous cases that all got shot down trying to use chapter 4. She wanted us to try and use the catch all phrases in chapter 3, and it worked.
 

Armyav

Registered Member
#9
Okay, thanks for the info. I’ve been using the verbiage and adjectives from chapter 3 in my medical appoints with both army and VA doctors! Hopefully that works in my favor.
 
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