Possible upcoming MEB

reinkdt

New Member
Registered Member
Hey everyone. First post on this platform and I’m looking for some guidance and advice. My PA told me last week that if my back problems do not get better after the the referral to occupational therapy he will have to initiate an MEB. I currently have 10 years in the army and have had a great career and was planning on doing my full 20. So here we go.
History: In 2012 I incurred a back injury during a Level 2 combative course. Over the course of 4 years I was able to manage, even on a deployment and with typical physical training. But in 2016 the pain became unbearable between constant back spasms and nerve pain going down my left leg. I was treated at the Fort Bragg pain management clinic and had good success. At the time I was serving on Recruiting Duty and was able to work out how best suited me. Never wore kit, rucked, or field time. But after returning back to the regular army in 2019 everything came back. I can’t run at all, ruck more than 5-15 minutes, or wear a normal kit for more than 15 minutes without debilitating pain and more importantly drop in my left leg. I had an MRI and I have herniated my disc between L4-L5 and have a tear in my L5-S1. I have chronic pain that is normally a 3-4 daily but can spike 8+ for no reason. I have good ROM but it is still painful. And they do not want to do surgery and I want to avoid it at all cost as well.
Main Question: I have done plenty of research on the MEB and I know the difference in medical discharge and medical retirement. I also know how they rate back issues from a ROM test or how many days in the year you have debilitating episodes and have to be put on bed rest. My primary question is about the C&P exam. Firstly is the ROM test to see how far you can move at all or how far you can move before there is pain? Secondly, because of my job (Career Counselor) I have been able to work from home on days when I need, and there have been many, and not had to be placed on quarters or bed rest. If my spouse would write a letter detailing how many days I have not been able to leave the couch or bed would the VA consider that for the rating as well? I am not trying to milk the system but I am wanting to given a fair rating, with the end goal (if I do have to be MED boarded) to be medically retired.
Any advice or clarification you all can provide would be appreciated.
 
Hey everyone. First post on this platform and I’m looking for some guidance and advice. My PA told me last week that if my back problems do not get better after the the referral to occupational therapy he will have to initiate an MEB. I currently have 10 years in the army and have had a great career and was planning on doing my full 20. So here we go.
History: In 2012 I incurred a back injury during a Level 2 combative course. Over the course of 4 years I was able to manage, even on a deployment and with typical physical training. But in 2016 the pain became unbearable between constant back spasms and nerve pain going down my left leg. I was treated at the Fort Bragg pain management clinic and had good success. At the time I was serving on Recruiting Duty and was able to work out how best suited me. Never wore kit, rucked, or field time. But after returning back to the regular army in 2019 everything came back. I can’t run at all, ruck more than 5-15 minutes, or wear a normal kit for more than 15 minutes without debilitating pain and more importantly drop in my left leg. I had an MRI and I have herniated my disc between L4-L5 and have a tear in my L5-S1. I have chronic pain that is normally a 3-4 daily but can spike 8+ for no reason. I have good ROM but it is still painful. And they do not want to do surgery and I want to avoid it at all cost as well.
Main Question: I have done plenty of research on the MEB and I know the difference in medical discharge and medical retirement. I also know how they rate back issues from a ROM test or how many days in the year you have debilitating episodes and have to be put on bed rest. My primary question is about the C&P exam. Firstly is the ROM test to see how far you can move at all or how far you can move before there is pain? Secondly, because of my job (Career Counselor) I have been able to work from home on days when I need, and there have been many, and not had to be placed on quarters or bed rest. If my spouse would write a letter detailing how many days I have not been able to leave the couch or bed would the VA consider that for the rating as well? I am not trying to milk the system but I am wanting to given a fair rating, with the end goal (if I do have to be MED boarded) to be medically retired.
Any advice or clarification you all can provide would be appreciated.
The letter from your spouse can't hurt. The main issue is how to navigate the C&P exam to be properly rated. For ROM you stop when you hit pain. That's true ROM. If you are tested and pushed past that point you will not have an accurate ROM. Its not milking it to make sure you are properly rated.

I always advice Soldiers who are going to be put in MEB to look at getting a dedicated civilian attorney. The difference between severance which gives you a one time check that is often recouped by the VA and getting medical retirement with Tricare is HUGE. Let me know if you need recommendations and I will send them to you directly. Private attorney's are not cheap but if you get a good one that focuses solely on IDES they will be worth their weight in gold. My wife has one and is in IDES and I cannot truly express how much better its been from being coached to lack of stress because the attorney is holding your hand and reviewing everything through the entire process.
 
Hey everyone. First post on this platform and I’m looking for some guidance and advice. My PA told me last week that if my back problems do not get better after the the referral to occupational therapy he will have to initiate an MEB. I currently have 10 years in the army and have had a great career and was planning on doing my full 20. So here we go.
History: In 2012 I incurred a back injury during a Level 2 combative course. Over the course of 4 years I was able to manage, even on a deployment and with typical physical training. But in 2016 the pain became unbearable between constant back spasms and nerve pain going down my left leg. I was treated at the Fort Bragg pain management clinic and had good success. At the time I was serving on Recruiting Duty and was able to work out how best suited me. Never wore kit, rucked, or field time. But after returning back to the regular army in 2019 everything came back. I can’t run at all, ruck more than 5-15 minutes, or wear a normal kit for more than 15 minutes without debilitating pain and more importantly drop in my left leg. I had an MRI and I have herniated my disc between L4-L5 and have a tear in my L5-S1. I have chronic pain that is normally a 3-4 daily but can spike 8+ for no reason. I have good ROM but it is still painful. And they do not want to do surgery and I want to avoid it at all cost as well.
Main Question: I have done plenty of research on the MEB and I know the difference in medical discharge and medical retirement. I also know how they rate back issues from a ROM test or how many days in the year you have debilitating episodes and have to be put on bed rest. My primary question is about the C&P exam. Firstly is the ROM test to see how far you can move at all or how far you can move before there is pain? Secondly, because of my job (Career Counselor) I have been able to work from home on days when I need, and there have been many, and not had to be placed on quarters or bed rest. If my spouse would write a letter detailing how many days I have not been able to leave the couch or bed would the VA consider that for the rating as well? I am not trying to milk the system but I am wanting to given a fair rating, with the end goal (if I do have to be MED boarded) to be medically retired.
Any advice or clarification you all can provide would be appreciated.
Good advice from Provis as usual. Definitely stop when you get stiff and feel pain. Some PA's or other CP doctors will still mess it up. So be prepared for that. Spine unfortunately gets hosed on ratings which is unfortunate. If you do get sent to IDES make sure when they are preparing your NARSUM to separate your sciatica in your legs. You can talk more about this to the PEBLO and MSC as it gets closer. But it could help your DOD rating. Good luck!
 
this may be too little too late, but back conditions bring many secondary issues, you mentioned sciatica but radiculopothy is also a separate rating. it all depends on what part of the spine or possibly sacrum where the nerve damage is at, you can also file for sleep insomina as long as your diagnosed and having those issues due to your back. Between Bacl Lumbar, my nerves, and insomnia i am at 80%
 
Hello @jeffery_BAMA bama

You asked for a CRSC based on this info:
Can you compute mine.....???
-- gross retired pay from the DFAS RAS $888.09
--I was approved for 40% DOD in my medical retirements. (lumbar back and radiculopothy)
-- my Disability retirement: 06 Year(s), 01 Month(s), 06 Day(s), it says on orders my Basic Pay: 13 Year(s), 04 Month(s), 09 Day(s)
--I receive 70% VA with is $1717 with spouse two kids (this may go up to 90%)
--Approved 40% CRSC per my SF199. although the VA has added secondary conditions to my back like insomnia and sciatica since the DOD did there paperwork. So i may be 70-80% CRSC as there was an LOD filed)
--I don’t qualify for any other retirement and I did not transition to the Blended Retirement System.

Estimate.

1. 888.09/40% = 2220.23 average high three
2. 6.083 AD years x 2.5% = 15.21% longevity multiplier
3. 2220.23 x 15.21% = 337.69 longevity portion of retired pay
4. Your CRSC will be the lesser of
--337.69
OR
--The amount associated with the approved CRSC percentage. The amount is found in the VA comp tables.
Note: It is very likely you will receive 337.69 since that is the maximum allowed by current law (i.e., the computation)

Ron
 
How did you calculate the high three, not sure it’s right? I was an e4 for late three years and then they medically promoted me to e5 as part of the chapter 61 so $2220 seems low.
 
How did you calculate the high three, not sure it’s right? I was an e4 for late three years and then they medically promoted me to e5 as part of the chapter 61 so $2220 seems low.
Take the last 36 months of your pay and add it all together. Then divide by 36. That is your high 3 years. Being promoted at the end to E5 at the end won't do anything for you since little to none of those 36 months did you receive E5 pay.
 
@jeffery_BAMA

How did I determine your high three?

888.09 the gross pay you reported was on your DFAS RAS.

888.09 is 40% of an unknown number.

888.09/40% = 2220.23 average high three

Ron
cc: @Provis
 
Then it should be $2829 so how would that change the figure?
That is not the figure DFAS used and I have yet to see a case where they had the high three wrong.

IF your high three was 2829, then 2829 x 15.21% would result in the longevity amount of your retired pay and likely CRSC.

Ron
 
this may be too little too late, but back conditions bring many secondary issues, you mentioned sciatica but radiculopothy is also a separate rating. it all depends on what part of the spine or possibly sacrum where the nerve damage is at, you can also file for sleep insomina as long as your diagnosed and having those issues due to your back. Between Bacl Lumbar, my nerves, and insomnia i am at 80%
Yeah I tell them all the time that I wake up in the middle of the night multiple times but I didn’t think about sending in a sleep claim I guess. Thanks for the tip. Good luck to you.
 
ok i think since i was less then 20 years they took the high three and subtracted 2.5%x6 from that to get the final high three, not sure but IF they did that then that is where the $888 came into play
 
ya, as long as you have told them (docs) the do a claim they file it under mental health, should be 30%

I'm not recommending this firm, but good article.
 
ok i think since i was less then 20 years they took the high three and subtracted 2.5%x6 from that to get the final high three, not sure but IF they did that then that is where the $888 came into play
The method they used was the total of your highest 36 months of pay divided by 36. The "high three" are not necessarily the most recent 36 months of pay.

The high three also is not the multiplier as you suggest. The high three is your average base pay.

Active duty or active duty equivalent years and months x 2.5% (or 2% for blended retirement program) = longevity multiplier
high three x longevity multiplier = longevity portion or retired pay
High three x DoD disability percentage = DoD retired pay before reduction



Using the info DFAS provided (the 36 months of pay statements are not available):
How did I determine your high three?

888.09 the gross pay you reported was on your DFAS RAS.

888.09 is 40% of an unknown number.

888.09/40% = 2220.23 average high three

A proof check: 2220.23 x 40% = 888.09


Ron

cc: @Provis
 
how do they calculate it for national Guard medically ch61 soldiers maybe some weird formula?
 
The method they used was the total of your highest 36 months of pay divided by 36. The "high three" are not necessarily the most recent 36 months of pay.

The high three also is not the multiplier as you suggest. The high three is your average base pay.

Active duty or active duty equivalent years and months x 2.5% (or 2% for blended retirement program) = longevity multiplier
high three x longevity multiplier = longevity portion or retired pay
High three x DoD disability percentage = DoD retired pay before reduction



Using the info DFAS provided (the 36 months of pay statements are not available):
How did I determine your high three?

888.09 the gross pay you reported was on your DFAS RAS.

888.09 is 40% of an unknown number.

888.09/40% = 2220.23 average high three

A proof check: 2220.23 x 40% = 888.09


Ron

cc: @Provis

how do they calculate it for national Guard medically ch61 soldiers maybe some weird formula?
Nope. They do it the same way as Ron has calculated it.
 
how do they calculate it for national Guard medically ch61 soldiers maybe some weird formula?
I mentioned active duty equivalent.
Generally, total creditable points for retirement divided by 360 = active duty equivalent.

Yes, I agree with @Provis. The use of points is explained above. I have nothing else I can offer in this case.

Good luck,

Ron
 
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