I’ve been placed in a MEB involuntarily upon in-processing my new duty station with a p2 profile for sleep apnea. This is because they said I was non-compliant with using the CPAP in accordance with AR40-501. Insomnia has been my chief complaint for years and still is. I was referred for a sleep study in 2013 and was found to have severe OSA. Now I’m being separated for the apnea, when I’ve been seen several times in the past for the insomnia not allowing me to use the machine at all times. Now I’ll probably get separated with nothing after 10 years of service. Any advice or expertise out there?
Look at this from AR 635-40:
"5-18- Failure to comply with prescribed treatment
a. There are many conditions, such as neuropsychiatric disorders, asthma, hypertension, epilepsy, diabetes, and certain injuries, which may be improved sufficiently by treatment to prevent disability or to significantly decrease it. If a Soldier unreasonably fails or refuses to submit to medical or surgical treatment, therapy, take prescribed medications, or to observe prescribed restrictions on diet, activities, or the use of alcohol, drugs, or tobacco,
that portion of the disability that results from such failure or refusal will not be rated where the following is
clearly demonstrated—
(1)
The Soldier was advised clearly and understandably of the medically proper course of treatment, therapy, medication, or restriction(s)
and documented by a physician.
(2) The Soldier’s failure or refusal was
willful or negligent and not the result of mental disease or a physical inability to comply.
b.
MTFs will forward MEB cases involving a refusal to submit to recommended medical care to TSG for determinations under the provisions of AR 600–20 before forwarding the case to the PEB. Failure to comply with treatment recommendations regarding the taking of appropriate dosages of prescribed medications is not, by itself, considered refusal to submit to medical care."