Has anyone been found unfit in the Navy for Hallux Valgus, aka bunions? I'm being told I need a bunionectomy.

middle_jag

PEB Forum Regular Member
Registered Member
I'm currently on books for a bunionectomy.

My right foot is severe, and my left is moderate. I'm getting my surgery soon. My doctor was told I would be medboarded upon completion of my limdu period.

I was a prior enlisted infantry marine now naval officer with about 12 years of service total.

Has anyone been found unfit in the Navy for Hallux Valgus, aka bunions?

If so what was the rating? Do they add on all the other things wrong with you to?
 
Not likely. The Navy is the least likely service to find someone unfit.

  • Mild (10%): Slight deformity with occasional pain, not affecting mobility significantly.
  • Moderate (20%): Persistent pain with noticeable difficulty in walking, requiring special footwear.
  • Severe (30% or higher): Significant deformity and chronic pain, equivalent to the disability of a great toe amputation, severely affecting mobility.
<30% your out with severance pay.
 
Not likely. The Navy is the least likely service to find someone unfit.

  • Mild (10%): Slight deformity with occasional pain, not affecting mobility significantly.
  • Moderate (20%): Persistent pain with noticeable difficulty in walking, requiring special footwear.
  • Severe (30% or higher): Significant deformity and chronic pain, equivalent to the disability of a great toe amputation, severely affecting mobility.
<30% your out with severance pay.
I was told by my podiatrist that wearing boots would aggravate my symptoms and thus unfit.

Also I’ve seen these percentages… my second question was, that 30% threshold… is only for conditions deemed “unfit”… so even if you have 80% disability rating for all medical issues… if you only have one condition that’s deemed unfit and it’s only 20%, you’re only getting separated?
 
The VA rates all contentions that are service connected. Service connected for AD personnel is everything that you have minus pre existing or contentions that are the result of misconduct. A very easy standard.

MEB interprets medical standards, but can only refer a person to the PEB

PEB rates only conditions that renders a person unfit. This is a much higher standard than service connected. The PEB process uses a different standard than the MEB. ThePEB looks at the whole person and the needs of the service. Everything is waiverable in the military. People with heart attacks have been returned to duty.

Your podiatrist might be right. But 12 years in could be turned into a separation package if your unfit condition is <30%.
 
I was told by my podiatrist that wearing boots would aggravate my symptoms and thus unfit.

Also I’ve seen these percentages… my second question was, that 30% threshold… is only for conditions deemed “unfit”… so even if you have 80% disability rating for all medical issues… if you only have one condition that’s deemed unfit and it’s only 20%, you’re only getting separated?
Like @chaplaincharlie said its hard to be found unfit in the Navy. Only conditions that the PEB finds unfit count towards the %. You need 30% from all conditions found unfit by the PEB to be medically retired.

I am a big advocate of hiring private representation. If you hire a dedicated private attorney at the beginning of the process you have a lot more sway in the outcome. When my wife hired her attorney he helped shape the commander's impact statement. Coached her on what to say at C&P exams. Told her what medical documentation to gather to strength her case, appeal at each point when something wasn't optimum regarding her goals etc. She ended up going from 2 unfitting conditions to 3 and she went from having no combat related conditions to having 1 of them found combat related and he was able to get one of the unfitting conditions % raised too. There is no chance we would have gotten the same results by blindly navigating the process and utilizing the free legal help provided by JAG. I will send you some references if you are interested. Its been 2 years now since my wife medically retired and we have already recouped the costs of her attorney between the difference in income compared from the expected outcome to the optimal outcome that she received.

Also, another side benefit. My wife was originally 90% VA. The increase of that one unfitting condition moved her overall VA % from 90% to 100%. That was huge because she qualified for CRSC but with 90% VA she would get $0 in CRSC. By having 100% VA her CRSC was $1,500 a month. CRSC has many caps to include the combintation of her longevity pension earned and her VA compensation. Increasing the VA compensation moved that limit up to an amount where her cap went from zero to $1,500.
 
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