Getting a condition moved to DOES NOT MEET Reetention Standards

Service2USA

PEB Forum Regular Member
Registered Member
Greeting All,

I am an AD Soldier, in the U.S. Army with 8yrs TIS. After being on temporary profile for 179 days I was enrolled into IDES, after a profile review. I was going to fight the fight, for how I was referred into IDES, met with the Ombusman and Soldiers Counsel about being that I was not referred by my PCM, Speciality Provider, OR CDR REQUESTING A FIT FOR DUTY.

However I DO feel I need to be in the MEB process. I am at a loss for understanding how the MEB provider drafted my NARSUM (by the way she is the same FNP-C that referred me into the IDES yes it was signed off by a Doctor), She referenced AR 40-501 Chapter 3-41(e) for almost all my claimed diagnosis and cited that chapeter and sub para. as to why they do meet rention standards.

Not being on PROFILE for those conditions is, more relevant than my MTF Dx., treatment records and VA Dx. This to me is troubling. I am awaiting my appt with Legal and am in the 5 day window to chose IMR and/or Rebuttal.

I have several MTF Dx and VA Dx conditions, I have my DBQ’s which look decent. Using the VASRD, I think I would be looking at retirement rather than under 30% for the one referred condition. I have several diagnosis that I should have been referred the MEB for, over just my (L) foot. I have my (R) foot, Migraines, IBS, PTSD I only mention these right here because they are the conditions that affect me daily and make it unable to preform my required duties as a Soldier and my MOS, which requires me to perform in court, in front of a Military Judge, with Trial Counsel, Defense Counsel, the Accussed, witnesses, and attendees in the galley.

While doing my job a migraine makes me unable to preform in my MOS or any Soldier tasks, as compared to my foot pain and they are only using a foot condition for unfitting I think I should be able to ask my PCM about my conditions and if he thinks they meet retention standards

I am NOT currently on profile for these meets retention standards conditions.

Would it help if I was now put on Profile and what kind of Profile do I need to request from my PCM or specialty providers for conditions to be added to the DOES NOT column?

I have previously told providers “I am already on a profile” or not asked for a profile because I have a deadman’s profile, however its only for my (L) foot condition and Permanent for my (R) foot condition.

Any feedback and/or suggestions on continued care and/or things I should discuss with my PCM or Specialty providers whom were until recently unaware I was even referred into IDES would be greatly appreciated.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Greeting All,

I am an AD Soldier, in the U.S. Army with 8yrs TIS. After being on temporary profile for 179 days I was enrolled into IDES, after a profile review. I was going to fight the fight, for how I was referred into IDES, met with the Ombusman and Soldiers Counsel about being that I was not referred by my PCM, Speciality Provider, OR CDR REQUESTING A FIT FOR DUTY.
Service2USA,

Welcome to the PEBFORUM!

I am not sure from what you have stated what your desired outcome is. Do you want to be found fit for continued service? It sounds like from your above-quoted post that you wanted to continue to serve.
The above notwithstanding, it seems you are being processed through the IDES. (And, from your later quoted post, it sounds like you agree with that outcome.)

However I DO feel I need to be in the MEB process. I am at a loss for understanding how the MEB provider drafted my NARSUM (by the way she is the same FNP-C that referred me into the IDES yes it was signed off by a Doctor), She referenced AR 40-501 Chapter 3-41(e) for almost all my claimed diagnosis and cited that chapeter and sub para. as to why they do meet rention standards.
I am not sure I can help you with understanding what happened. Or what is happening. Before I can try to help with your question, I need to know where you are in the process. If you are at the MEB level, you may be able to request an Impartial Medical Review ("IMR"), or you may be able to rebut the findings of the MEB. You need to provide more information in order to understand where you are in the process.

Not being on PROFILE for those conditions is, more relevant than my MTF Dx., treatment records and VA Dx. This to me is troubling. I am awaiting my appt with Legal and am in the 5 day window to chose IMR and/or Rebuttal.
This clarifies things vis a vis my earlier questions. If you have concerns, it may make sense to request and IMR, and maybe to rebut the MEB findings.


I have several MTF Dx and VA Dx conditions, I have my DBQ’s which look decent. Using the VASRD, I think I would be looking at retirement rather than under 30% for the one referred condition. I have several diagnosis that I should have been referred the MEB for, over just my (L) foot. I have my (R) foot, Migraines, IBS, PTSD I only mention these right here because they are the conditions that affect me daily and make it unable to preform my required duties as a Soldier and my MOS, which requires me to perform in court, in front of a Military Judge, with Trial Counsel, Defense Counsel, the Accussed, witnesses, and attendees in the galley.
Are you at 27D?
Don't mistake the import of the DBQ for an unfitness finding, vice its importance for a rating.


While doing my job a migraine makes me unable to preform in my MOS or any Soldier tasks, as compared to my foot pain and they are only using a foot condition for unfitting I think I should be able to ask my PCM about my conditions and if he thinks they meet retention standards
Asking your PCM might make sense. However, you need to address the "50 meter target" in front of you. I take that to be your MEB.
I am NOT currently on profile for these meets retention standards conditions.
It may be the case that you should be on profile for these conditions. I don't know enough about your case to say or offer input, either way.

Would it help if I was now put on Profile and what kind of Profile do I need to request from my PCM or specialty providers for conditions to be added to the DOES NOT column?
Yes, that would help your case.
I have previously told providers “I am already on a profile” or not asked for a profile because I have a deadman’s profile, however its only for my (L) foot condition and Permanent for my (R) foot condition.
This is really common and is an error.
Any feedback and/or suggestions on continued care and/or things I should discuss with my PCM or Specialty providers whom were until recently unaware I was even referred into IDES would be greatly appreciated.
There are a lot of issues apparently going on with your case. I am not sure what else I can provide input on. Seems you have a pretty good understanding of the issues. Pursue all of your rights.

I hope the above was helpful and that you get a good outcome. Best of luck!
 

Service2USA

PEB Forum Regular Member
Registered Member
Mr. Perry,

Thank you for your prompt reply.

I am waiting to meet with MEB JAG Counsel to chose an option before my MEB is forwarded to the IPEB.

My understanding is at this phase I have three choices 1) IMR. 2) Rebuttal. 3) IMR and Rebuttal.

I have a feeling since another FNP-C in the same MEB office right next door will be doing the IMR, that I would get legal advice to just go with the Rebuttal. Appearance of not receiving an impartial review is present so instead of going that route I have a feeling I will be advised to just go with the rebuttal.

I will know more tomorrow afternoon when I meet with JAG MEB Counsel. I believe these attorneys to be very good. However, very much agree with a statement I read somewhere that they have a heavy caseload and cannot give the attention to a SM that a civilian counsel can. I did plan on reaching out to you for a consultation and have sent you a email.

My goal at this point is to Separate with Retirement. I am a 27D C5 (Court Reporter).
 
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