Received Finding of 'FIT'

(new member, correct me if I'm not in the right forum)

I apologize for the long post, but at this point I'm kind of at a loss of words because of the findings and my loss of ability to perform. The NMA specifically states that I cannot and do not perform well in my current job. Yes, I do still work where I worked but my Chain of Command states that my performance is low. Is there anything that I can do or should do? I feel that they just read the first question and moved on. I wish that it were possible to submit a PFR before a formal board but I have no idea of what to do at this point. Thank you for taking the time to read this in advance as well as any assistance that you can provide is greatly appreciated.

13DEC2016:
Enrolled into IDES for Eosinophilic Esophagitis.

07JUN2017:
Addendum to MEB was filed for AVNRT (AV Nodal Re-entry Tachychardia), Syncope, and inappropriate sinus tachycardia.
States the following, "This service member is referred to the Physical Evaluation Board currently and this addendum is an addition to the patient's already submitted PEB. This Medical Evaluation Board Physician believes that, with reasonable medical certainty, this service member's conditions are likely to interfere with the performance of duty in the MOS and rank. The member's condition most likely is permanent, and/or any further period of TLD is unlikely to return the member to full duty. The service member's limitations do not meet the standards of SECNAVINST 1840.4E 80XX."

08JUN2017:
Final MEB was submitted to the PEB for disposition. The non-medical statement states the following:
" c. Is the member currently working outside of his/her specialty because of the medical condition? (No) If yes, is the member working outside of his/her specialty could the member perform in his/her rating? (NA)

m.
Does the member have good potential for continued service in his/her present physical and mental condition? (No) If “No,” please explain why not: (SM) is not suitable for continued service due his condition. He has undergone multiple treatment measures and medication regiments. Members intention was to have continued success in his naval career but these conditions have provided him with major setbacks. His conditions not only affect his dietary needs but also the output of his work. (SM) potential for continued service is poor at this time.

Do you recommend PLD only to complete EAS? (No)
If “No” to any of the above, please explain why.
(SM) medical conditions prevent him from being worldwide assignable. His need for more comprehensive healthcare along with his desire to separate, renders him unable to perform in his specialty ratings, and inhibits him from continued Naval service.

COMMANDING OFFICERS COMMENTS
a.
How does the medical condition(s) impact the Member’s work capacity in relation to his/her MOS/RATE? (SM) inability to run a task to ground due to his required specialty care needs greatly affect the mission of the BIOMED division. Numerous dietary requirements make him unable to perform service at outlying facilities. Faced with multiple changes to not only his work but also his personal life, his performance has decreased in the area of medical equipment repair, standard precision calibration, and the documentation of checks done on lifesaving equipment.

b.
Include an explanation on what Mission Essential Tasks the Member substantively can or cannot do regarding the primary duties of his/her MOS/Rate: (SM) is unable to perform mission essential tasks at this time. He is physically limited from full duty, and cannot provide medical care to patients aboard ships or with the Fleet Marine Force. Additionally, his symptoms impair him from functioning effectively in his NEC physically.

06SEP2017:
Received finding of: Fit to continue on Active Duty
(Findings Below)

Medical Officer
2017-08-09
Per the non-medical assessment, the member is working in rate.
FIT (the record and evidence presented documents that the medical condition or disease does not interfere significantly with the member's ability to carry out the duties of his/her office, grade, rank, or rating.) Combined effect was considered and not found to be substantiated in this case.


Presiding Officer
2017-08-29
The evidence establishes that the member is able to reasonably perform the duties of his office, grade, rank, or rating/ Military Occupational Specialty (MOS
 
Did it take 3 months for the PEB to get back to you with a fit finding? Do you know what date your package was submitted to the PEB?
 
I also received a "FIT" finding back in May. My NMA had a lot to do with it. I appealed the findings to the FPEB and my command wrote me a new NMA. Still waiting on results. Do you plan on appealing?
 
My son who is Active Duty in the Marines is going through the PEB process now. They received his packet in mid August and I am trying to determine how long it takes for a finding to come back through. I am pretty sure he will be found unfit. His NMA was very clear that he is unfit along with his C&P Exams. He has been out of his MOS for a year and has been in holding. He got injured during MOS school. Sorry about your situation. That is a tough one.
 
cweisman- Just my experience, but if your son hears something from the PEB within 30(ish) days he will be found "FIT". Usually if it goes more than 45 days, he will be found "UNFIT". Recently the system was down so these timelines might not be as accurate. Either way, the longer the better in his case for an "UNFIT" finding. Best of luck, I hope it works out.
 
Mitch84-How did you go about the appeal process for the NMA? I am completely unable to perform my job and was recently found FIT when I can only go in to work a maximum of 4 hours per day, I can't sit infront of a computer for more than 30 mins at a time as a computer specialist so my record was very clear, but my NMA stated "is a excellent Sailor who does good work even though in significant pain" "Can not reasonably perform his duties at his pay grade" they seem to think that is why they recommended FIT even though ALL the medical claims and notes for severe spine/neck issues seem to have been ignored. What is the next step?
 
Mitch84-How did you go about the appeal process for the NMA? I am completely unable to perform my job and was recently found FIT when I can only go in to work a maximum of 4 hours per day, I can't sit infront of a computer for more than 30 mins at a time as a computer specialist so my record was very clear, but my NMA stated "is a excellent Sailor who does good work even though in significant pain" "Can not reasonably perform his duties at his pay grade" they seem to think that is why they recommended FIT even though ALL the medical claims and notes for severe spine/neck issues seem to have been ignored. What is the next step?
@KBToyz we are in the same boat. When were you found FIT? Were you found FIT by the PEB? The next step would be to disagree with the findings, get a new NMA and submit a rebuttal to the formal board. But first you will want to speak with a lawyer.
 
Last edited:
Did it take 3 months for the PEB to get back to you with a fit finding? Do you know what date your package was submitted to the PEB?
My PEB was submitted on 07JUN2017 followed by 3 months of waiting for a fit finding. I do have updates that I will include in the original posting. I never got any notifications that anyone was commenting on here.
 
I also received a "FIT" finding back in May. My NMA had a lot to do with it. I appealed the findings to the FPEB and my command wrote me a new NMA. Still waiting on results. Do you plan on appealing?
I did appeal. updates will be in the original posting. I never got notifications for replies on here.
 
**UPDATE**
So after being found FIT I decided to submit a Request for Reconsideration and Request for Formal Board. This was not returned to me with an answer for 6 weeks. The answer received was a denial. In the request I even included new exams, follow ups, tests, letters from co-workers to my CO/XO/CMC and everyone in between. These letters all recommended and explained that I no longer work in rate/MOS. I also have approval from my CO to work from 0800-1200 (4 hours daily).

All of this ultimately resulted in them sending a denial of reconsideration and denial of formal board. I am extremely confused in the denial and am not sure what to do from here.
 
How much time do you have in? If you're pretty close to retirement, I'm wondering if they base their decision off that? Have you spoken with legal for guidance/assistance?
 
**UPDATE**
So after being found FIT I decided to submit a Request for Reconsideration and Request for Formal Board. This was not returned to me with an answer for 6 weeks. The answer received was a denial. In the request I even included new exams, follow ups, tests, letters from co-workers to my CO/XO/CMC and everyone in between. These letters all recommended and explained that I no longer work in rate/MOS. I also have approval from my CO to work from 0800-1200 (4 hours daily).

All of this ultimately resulted in them sending a denial of reconsideration and denial of formal board. I am extremely confused in the denial and am not sure what to do from here.

If they denied your reconsideration and formal board then your FIT and your case is closed. You will have to wait at least six months and then try and get another medical board and repeat the whole process. It sounds like you NMA hurt you. From what I experienced and heard during the process, there are a lot of FIT decisions coming back lately especially if you are near EAOS or retirement.
 
***UPDATE***

I have now submitted for a Congressional inquiry into the matter. When I submitted my appeal and received a denial of a Formal Board, they said they denied it based off of no new evidence. I attached 10 statements and a plethora of medical documentation. When I get an answer back I’ll update again.
 
I'll be interested to see what happens. The exact same thing happened to me on my first board. PEBLO forgot to submit about 25 pages of records that were key to my case. I submitted them with a request for a formal and was denied and found FIT again. Got a second board after that though.
 
I'll be interested to see what happens. The exact same thing happened to me on my first board. PEBLO forgot to submit about 25 pages of records that were key to my case. I submitted them with a request for a formal and was denied and found FIT again. Got a second board after that though.
I will definitely update this as soon as I get a reply. I’m really not 100% sure on what the outcome might be.

If you don’t mind me asking, on your second PEB, was it for the same diagnosis? Also, what was the new outcome?
 
Yes, exactly the same. Went back to a different doc and he re-wrote PEB and sent it up again. New outcome was UNFIT.
 
**UPDATE**

I will be including the first page of the response form the Navy regarding my congressional inquiry. The second page is 3 lines long describing that my providers can submit a second MEB for the same thing. I will keep my opinions to myself because I would like to hear what you all think of this. The two things that I will note are that in the letters submitted with my rebuttal to the original findings it was stated that I am not working in my currently assigned duties, just that department due to manning issues. The second thing is that I would like for anyone reading this document to pay attention to the second paragraph and last sentence as I did not receive a correction to this. Should I have?
 

Attachments

  • Navy Response Letter-1.pdf
    1.6 MB · Views: 56
I did know that when a member receives a fit finding on all claims that they will never get a formal board in your case is why a formal board was denied. That sucks tho the board really doesn't what they do we are just numbers to them
 
Top