Possible MS Findings after NARSUM FWRD

Well, I have had what I feel was a great NARSUM submitted to AF just over three weeks ago. I have now got the initial results back from an MRI and it's consistant with MS as stating ther is some issues within the white brain matter, and quite a few consistancies with other issues that very well relate to conditions as such. I wonder, if this turns out to be positive after more testing and I in the mean time have my results back from the IPEB should I try and get this info to the board before I seperate or reapproach after I'm out via other channels. I truely feel I could be done very soon befor possible MS findings are settled. I suppose that if the MS is validated prior to my results/rating coming back from IPEB, how do I get this back to AF for addititional consideration for compensation? Request formal if I have validated MS at that time. Thoughts please....
 
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Talk with your PEBLO about getting the case recalled. When new significant information is discovered after forwarding of the case, the MTF Commander is supposed to request the case be returned.
AFI 36-3212, states :
"2.6. Recall of Case.​
2.6.1. If a major change in the diagnosis or in member’s condition is discovered, the referring MTF commander must recall the case for further medical evaluation and new medical board or addendum, as appropriate. The commander sends a report of circumstances and request for recall to HQ AFPC/DPPD."​
This does not always happen, the second course of action is to forward the information directly to PEB, through your PEBLO. The least desirable is to argue new diagnoses for the first time at the Formal.

Like any case, if they get it wrong, you can appeal the formals findings, and afterwards, appeal to the Board for Correction of Military Records.

Sorry to hear about you having the condition, but hopefully it helps you that they have identified the problem.
 
Thanks Jason, contacted my doctor today and he asked me to tell my PEBLO to recall or hold the NARSUM that was forwarded. I made that contact and they said sure thing. Now, lets just hope this goes well with full and final test results.
 
After the doctor indicating yesterday to have the PEBLO to pull back the MEB NARSUM from Randolph, he has now been told by the SrA type PEBLO that since this is an initial find of the abnormalities in the white brain matter which is consistent with MS there is no real or final diagnoses yet and therefor they will not pull it and I can just deal with the VA on this later. I explained and I hope I was correct that this is something that the AF board needs and that VA and AF MEB are apples and oranges. AF needs to do this now to do the job right the 1st time so I/we/anyone does not wast time/effort/manpower after the fact trying to get this evaluated later with board of military records. I did explain this and seemed to maybe understand that now is better for me then later but did not have a warm fuzzy on this. Thoughts please.
 
I doubt that the SrA PEBLO is the one who should be making this call.

From the AFI 36-3213 section I quoted earlier, I would say the MTF Commander should recall the case. Barring that, you should submit the results of testing to the IPEB through the PEBLO. If they don't have the information, they can't rate it. The danger here is that they don't adress it at IPEB or FPEB and then you have to appeal to AFBCMR or go to court. So much better to get them to rate this.

In the meantime, you want to try to get the diagnosis confirmed.
Best of luck.
 
Agreed Jason. I provided him the AFI excerpt and read it to him and indicated the consistancy with MS was significant and as stated by AFI the MTF should do the recall. He did seem to agree and indicated his MTF was not even a doctor and that he would have to discuss with another officer in his chain. I hit my PA and the PA that found the brain issues from the USAFA via MRI so both docs would see what the AFI states. I'll get with my PEBLO in the AM and visit face to face and ask to elivate to whom ever is in charge.
 
Was told this morning from my PEBLO that the MTF commander had called Randolph and had the package pulled and as well made contact with the PA to let him know we are waiting on his findings with the MRI results on the MS. Hope I don't have it that's for sure and will see them in about two weeks.
 
Skywalker,

I hope it turns out to be something benign, but that is good news that they are doing the right thing and including the updated information in your MEB.

Hope it all goes well.
 
Jason, I was just notified by my PEBLO via telephone that my results are now back from the PEB. Even thought he/I was told it was on hold pending resultes of the new findings on the possible MS. I will proceed in the AM and see what was offered for they could not discuss over the telephone. As for my possible MS I have had two spinal taps and a CT scan just last night and drew 10 vials of blood and I'm sure will have info/results on the issues with my abnormalities in my white brain matter within a few weeks. So, how or what can I do and or should I do anything knowing there is abnormalities with white brain matter and I have to go and receive the MEB findings in the AM? Please advise.

Jason said:
Skywalker,

I hope it turns out to be something benign, but that is good news that they are doing the right thing and including the updated information in your MEB.

Hope it all goes well.
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Skywalker,

Sounds like they are trying to push the case through. If the MS is not addressed (highly unlikely that they could without an MEB addendum), I would demand a formal. In the meantime, I would try to follow up on whether the MTF Commander recalled the case or not. Make sure you let the PEB know (either as an enclosure to your election demanding the formal or separately through your PEBLO before hand) that you have requested the recall and that you are being evaluated for MS with abnormalities in your white matter. Only instance you may want to consider accepting is if they are recommending retirement. If that happens, you can update us with the details and weigh what the relative risks and benefits are.

You have two goals here. 1) Trying to get the proper evaluation from the MEB to forward to the PEB and 2) Clearly documenting that this was not done in case they try to finally decide your case prior to a definitive diagnosis.

I hope this works out, but you may have a fight on your hands. Please let us know any questions.
 
Thanks Jason. Will see in the AM what the offer is and will update ASAP. My goal is retirement with proper diagnosis and a fair rating.

v/r
Skywalker

Jason said:
Skywalker,

Sounds like they are trying to push the case through. If the MS is not addressed (highly unlikely that they could without an MEB addendum), I would demand a formal. In the meantime, I would try to follow up on whether the MTF Commander recalled the case or not. Make sure you let the PEB know (either as an enclosure to your election demanding the formal or separately through your PEBLO before hand) that you have requested the recall and that you are being evaluated for MS with abnormalities in your white matter. Only instance you may want to consider accepting is if they are recommending retirement. If that happens, you can update us with the details and weigh what the relative risks and benefits are.

You have two goals here. 1) Trying to get the proper evaluation from the MEB to forward to the PEB and 2) Clearly documenting that this was not done in case they try to finally decide your case prior to a definitive diagnosis.

I hope this works out, but you may have a fight on your hands. Please let us know any questions.
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Received my AF 356 for offer of 40% today with Permanent Retirement. I'm absolutley not clear on all this information. I'm about 20 years and 6 months in and of course would get 50% with normal retirement. However, since I was medically boarded I suppose this is different from standard retirement and I know that 40% is not what I would like to see and disagree and will request a formal. I hope I get great legal representation and hope for a bit more. My diagnosis is as follows:

CATEGORY I - UNFITTING CONDITIONS WHICH ARE COMPENSABLE AND RETABLE: 1. Chronic erosive gastritis, affected by psychological factors (associated with stress-related physiological response) Incurred while entitled to receive basic pay = YES. Line of Duty = YES, Proximate result of performing military duty = N/A, Disability of 30 with code of 7307 2. Anxiety Disorder, Not Otherwise Specified COMBINED COMPENSABLE RATING. Incurred while entitled to receive basic pay = YES, Line of duty = YES, Proximate Result of performing military duty = N/A with code of 9413 CATEGORY II - CONDITIONS THAT CAN BE UNFITTING BUT ARE NOT CURRENTLY COMPENSABLE OR RATABLE: Obstructive sleep apnea (OSA) requiring use of CPAP 6847 CATEGORY III - CONDITIONS THAT ARE NOT SEPARATELY UNFITTING AND NOT COMPENSABLE OR RATABLE: NONE

Clsoing REMARKS: Your medical condition, which is not likely to change over the next several years, prevents you from reasonably performing the duties of your office, grade, rank, or rating. Although you had an elevated Epworth score and have OSA, there is no documentation that the OSA is unfitting (prevents you from adequately performing your duties). The Informal Physical Evaluation Board finds you untit and recommends permanent retirement with a disability rating of 40% per the schedule for rating disabilities in use by the Department of Veterans Affairs IAW NDAA 2008.

NOTE: I don't know if Proximate result of performing military duty is of a concern or not as marked with N/A but it is applicable that my Chronic erosive gastritis and psychological factors associated with stress-related physiological response to include Anxiety Disorder are directed result of well documented history of hostile/unprofessional and unacceptable behavior that I have encountered over the past years.

I would appreciate any futher advice at this point to help with my process!

Jason said:
Skywalker,

Sounds like they are trying to push the case through. If the MS is not addressed (highly unlikely that they could without an MEB addendum), I would demand a formal. In the meantime, I would try to follow up on whether the MTF Commander recalled the case or not. Make sure you let the PEB know (either as an enclosure to your election demanding the formal or separately through your PEBLO before hand) that you have requested the recall and that you are being evaluated for MS with abnormalities in your white matter. Only instance you may want to consider accepting is if they are recommending retirement. If that happens, you can update us with the details and weigh what the relative risks and benefits are.

You have two goals here. 1) Trying to get the proper evaluation from the MEB to forward to the PEB and 2) Clearly documenting that this was not done in case they try to finally decide your case prior to a definitive diagnosis.

I hope this works out, but you may have a fight on your hands. Please let us know any questions.
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Skywalker,

Just to clarify before I respond, you have over 20 years active federal service (i.e., this is not reserve time)?
 
Okay, first, I think you need to look at what you actually have in hand, Under 10 USC Sec. 1410, you actually are paid the greater of your awarded percentage or 2.5% times years of service. So you will be looking at 50% of your retired base pay, regardless of what the form says.

So, the question you have to weigh is will you do better by appealing. The relevant issue is the interplay between CRDP and DoD benefits. Under 10 USC sec 1414 (the section on CRDP), there is no offset for VA benefits up until the amount that you would be entitled to had you not retired for disability. In your case this calculation yields the same amount. So in effect your additional amounts above your length of service calculation will still be subject to offset. The law may change in the future, but for now, it looks like you may not do better with a higher rating from the DoD. One other factor, though, is that the DoD payments start immediately, while it may take you some time to get the VA rating (longer if you have to appeal). So, on this basis you may want to appeal.

If you want an illustration of how this would work, you can read about it here: http://www.veteransforamerica.org/wp-content/uploads/2008/04/nineteen-medicaldischarges.pdf Look at pages 16-17.

I hope this was helpful. Please ask any questions you may have.
 
I wanted to re-emphasize two points that apply to all posts on here. This applies to all threads, not just to this thread.

First, remember, the posts on here are not legal advice, they are informational only. They do not replace the thorough review of your case by an attorney.

Second, the comments provided here are neccesarily limited by the facts provided. I state this because of the fact that through all the questions about the MS findings (which they should have addressed), the fact about having 20 yrs of service may have been helpful in allaying concerns earlier. Because of this, I want to remind everyone about this thread: http://www.pebforum.com/conditions-ratings/129-discussions-about-your-case.html

I hope that this was helpful, it is just a few points worth re-empasizing.
 
I noted the ref to the NDAA in the break down from the IPEB. This is good news that they are listing this. I just hope that those currently being boarded are cross checking with the VASRD to confirm. Skywalker, enjoy the retirement.

AF Cop
 
Skywalker If you do not mind will you please let me know your Epworth score and your OSA AHI. I am on my way Sunday to my MEB and have central sleep apnea as a listed problem.

Thanks
 
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