Army: MEB Status DEFERRED?

beta1457

PEB Forum Regular Member
Registered Member
I'm hoping to get some help and my military MEB attorney has been less than helpful. (I'm contemplating hiring a private attorney at this point).

I was diagnosed with a rare medical condition in April and promptly given a referral to IDES and a P3 profile limiting all my physical activity. It's a rare condition that took over 2 years to get a diagnosis from a neurologist. I was enrolled in IDES and my MEB started in June. I went to my VA exams in July and received my NARSUM. There were some errors that I wanted corrected so my attorney requested an IMR with the intent to appeal afterward. The NARSUM upheld my duty limiting condition and found that condition unfit for continued service.

The IMR doctor, after talking with me asked if I was receiving any care. I mentioned I asked for a referral to a specialty clinic (outside the DoD) that was granted and I have an appointment coming up for follow up care for my diagnosed condition (The NARSUM notes that this appointment is for follow up treatment). The IMR doctor told me her recommendation was to wait for more genetic test results and she thought I was diagnosed prematurely. Apparently, this is the recommendation she gave to the MEB president/supervisor or whoever makes final determination and they placed my MEB into deferred status pending my test results.

This is frustrating because only 25% of people with this rare condition get positive results. 25% get negative results, and 50% get what are called Variants of Unknown Significance (VoUs). I fall in the VoU category, so I'm concerned the doctors looking at the records will claim I don't have my diagnosed condition. The IMR doctor, as far as I know without my written or otherwise permission, contacted my private doctor I was going to for follow up care and received me medical records. I'm unclear if this was a HIPPA violation or if these should be able to be used against me.

I just want the process to keep moving. I had minor concerns with mistakes in the NARSUM, (IE saying a gait disorder was related to tinnitus instead of my overall muscle condition problem). Do I have options at this point, the MEB hasn't made any determination, isn't there supposed to be a strict timeline? It's been over 30 days sense my IMR with no movement on my case.

Please any advice would be appreciated.
 
I'm hoping to get some help and my military MEB attorney has been less than helpful. (I'm contemplating hiring a private attorney at this point).

I was diagnosed with a rare medical condition in April and promptly given a referral to IDES and a P3 profile limiting all my physical activity. It's a rare condition that took over 2 years to get a diagnosis from a neurologist. I was enrolled in IDES and my MEB started in June. I went to my VA exams in July and received my NARSUM. There were some errors that I wanted corrected so my attorney requested an IMR with the intent to appeal afterward. The NARSUM upheld my duty limiting condition and found that condition unfit for continued service.

The IMR doctor, after talking with me asked if I was receiving any care. I mentioned I asked for a referral to a specialty clinic (outside the DoD) that was granted and I have an appointment coming up for follow up care for my diagnosed condition (The NARSUM notes that this appointment is for follow up treatment). The IMR doctor told me her recommendation was to wait for more genetic test results and she thought I was diagnosed prematurely. Apparently, this is the recommendation she gave to the MEB president/supervisor or whoever makes final determination and they placed my MEB into deferred status pending my test results.

This is frustrating because only 25% of people with this rare condition get positive results. 25% get negative results, and 50% get what are called Variants of Unknown Significance (VoUs). I fall in the VoU category, so I'm concerned the doctors looking at the records will claim I don't have my diagnosed condition. The IMR doctor, as far as I know without my written or otherwise permission, contacted my private doctor I was going to for follow up care and received me medical records. I'm unclear if this was a HIPPA violation or if these should be able to be used against me.

I just want the process to keep moving. I had minor concerns with mistakes in the NARSUM, (IE saying a gait disorder was related to tinnitus instead of my overall muscle condition problem). Do I have options at this point, the MEB hasn't made any determination, isn't there supposed to be a strict timeline? It's been over 30 days sense my IMR with no movement on my case.

Please any advice would be appreciated.

I'm sorry to hear this happened. I can say that this is not a HIPAA violation.

Also, if it has been diagnosed by a specialist they will not change the diagnosis. Unfortunately, all this wait is going to do is delay the process by a couple of months. Please keep everyone updated. This will certainly help someone in the future.
 
thanks. Right now I have a diagnosis from one neurologist after 2 years and then one visit with another and with a different opinion. It's very frustrating.
 
thanks. Right now I have a diagnosis from one neurologist after 2 years and then one visit with another and with a different opinion. It's very frustrating.
The second neurologist contradicted the first? I had the situation with my hematologist. I was required to have a 3rd opinion before they would move on with the MEB. I would contact your first neurologist and ask for a recommendation. My hematologist gave me the name of someone with a similar pattern of thinking. That 3rd hematologist concurred with the first one.
 
For an update. The IDES doctors have been in constant contact with my second neurologist and cut off his contact with my PCM so my PCM is not involved in my care at this point. The head doctor of IDES at my instillation ordered me a referral to a rheumatologist that upheld my initial diagnosis. I went with my attorney today to speak with the Department head of IDES on my instillation and question, "Why with a valid and clinical diagnosis was my MEB placed in a hold status for over 60 days?" His answer was they wanted to see what my genetic results were (Which can in no way invalidate the diagnosis). My attorney was furious and was literally yelling at the Department head.

I was told by the administrative department head at the end of our meeting that my MEB would be moving forward now and both me and my attorney would hear from them by the end of the day. I was called right before 1600 and told that my previous IMR doctor was going to call me at 0800 to conduct a second IMR. I did not ask for a second IMR and I haven't even been given the opportunity to appeal my initial IMR, I wasn't even given the result. This all seems to very much violate the normal procedure, as it stands tomorrow morning I'm planning on saying to the IMR doctor that the phone call needs to happen with my attorney present. Have you heard of anything like this happening?
 
UPDATE:

While writing my rebuttal with my attorney my PEBLO sent me a new NARSUM, DA Form 3947, and profile with changes on them despite the IMR recommending no changes. They are unilaterally changing the DA Form 3947 above signature lines with no audit trail or record of changes.
 
Told by the MEB they have a new DA Form 3947 being issued. (This will make the 7th time they have altered it). The second neurologist has now reversed his opinion on me not having the disease, and he is under investigation for a HIPPA violation for sharing medical information directly with IDES doctors instead of using the HAIMS portal. I'm unaware of the MEB being aware of this yet. MTF CSM is now involved as well.
 
UPDATE: I submit a 45 page appeal and in less than 24 hours they responded with their memo and no changes. So I'm writing a memo for the PEB to submit with my packet. Ultimately, in my case, given the VA diagnosis I think I'll end up with over 30% so I'm not sure if it's really that big of a deal. But I'll be sure to update. My case and all the documented problems, HIPPA violations and USC violations are being submitted to IG and my congressman. Everything was meticulously documented with digitally signed emails.
 
UPDATE: 05DEC2019 PEB found me unfit for the reason: {My disease name}

Just waiting on VA now.
 
UPDATE: contacted my congressman yesterday about the entire situation and waiting for the VA. The congress staffer contacted me today to let me know they contacted the VA. A few hours later I have a letter back from the VA from the Regional Office Director with my proposed numbers. 100% service connected. The representative offered to follow up and make sure the information the PEB needs is sent their way.
 
UPDATE: contacted my congressman yesterday about the entire situation and waiting for the VA. The congress staffer contacted me today to let me know they contacted the VA. A few hours later I have a letter back from the VA from the Regional Office Director with my proposed numbers. 100% service connected. The representative offered to follow up and make sure the information the PEB needs is sent their way.
Does this mean that the only way to get things done correctly and in a timely manner is to call your congressman? It sure seems like it.
 
Does this mean that the only way to get things done correctly and in a timely manner is to call your congressman? It sure seems like it.

I wouldn't want to say everything administrative the Army does warrants a call to your congressman... but to have things done right and in a timely manner that has been my experience. That being said they are behind on their timeline and average for the PEB to respond at the moment. According to my PEBLO my PEB hasn't put my case on the PEBLO work list yet so he cannot release anything to me. However, I have confirmation that the PEB has received everything they needed from the VA.
 
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