Regretting signing NARSUM!

R

rockymtnmama

PEB Forum Regular Member
PEB Forum Veteran
I signed my NARSUM but I am now having second thoughts. I think I just screwed myself!

Reason: I have been seeing the VA for 3.5 years regarding PTSD and was found fit after 45 minutes with an Army doc because they didn't see anything but depression. She didn't ask me anything pertaining to my anxiety or separation issues.

The other reason is that I am currently rated at 80% with the VA for various issues and I think the VA doc messed up my physical....matter of fact I know she did because I was told by the MEB doc that she had stated I didn't seem to be in any pain and my ROM were normal. The MEB doc proceeded to redo the ROM on my back and determined that her findings were incorrect. The VA doc had also order xrays that day for the wrong leg and I had to go back to her to submit the order correctly.

I have 15 other issues on my NARSUM and supposedly was found "fit" on all the others because I haven't had a profile for them and hadn't been seen for them "in several years". The medications for my back work for my other ailments and I had a "deadman's" profile for my back so why would I go and get additional profiles when I couldn't take a PT test anyway. It also stated that some of my conditions that I currently get rated for from the VA have gotten better which is not the case.....they just have not gotten worse.

Did I just screw the pooch? Is it too late to do anything about the NARSUM being it has been sent to the PEB? I just want to get justly rated and that is all!

Thanks!
 
A little more background is that I was 10 years active Army and have been in the reserves since. I have 18 years towards pay and 17 years towards retirement. I wanted to stay until I got my 20 year letter but I had flown under the radar as long as I could.

Any advice would be greatly appreciated!!!!!!!
 
You didn't say how long ago you signed. I would call your PEBLO and ask if you can still change your election and submit a rebuttal.

I can't tell which way you are going....fight for a higher finding or a fit finding. It sounds like you originally wanted a fit finding, then decided for an unfit with higher rating and then it seems like even though you are thinking you would like to disagree with the MEB, you would like to be found fit or make it to 20. I really think you need to make a clear choice about your desired outcome and stick with making your case (if plausible). The thing that concerns me is last minute submissions sometimes don't match up with what you ultimately want and people sometimes end up hurting their case inadvertently. I can't tell you how many times I have seen someone change tacks without building a case and it ends up hurting them.

If you cannot change your election, or the MEB has already gone off, you can forward a letter to the PEB (they are supposed to accept anything sent to them, though someone may tell you that you cannot), or you can wait and see if the IPEB comes back with a good finding and, if not, you are in the position of appealing any bad decision. Hard to know what is the best way to go without knowing what was in the MEB.

All this aside, don't let all of this freak you out. You can still influence the outcome and nothing is written in stone (yet). Good luck!
 
I just signed it one week ago and it was mailed to Fort Lewis Monday. Not sure how long they are taking.

Sorry about the confusion in what I would like as an outcome of the MEB. I have mixed feelings but I know that I will probably not be allowed to remain in the Army Reserves. I would like to stay in but the problem I have is that it is physically not possible for me to fire a weapon or take a PT test anymore. Being a leader, not being able to do the basic Soldiering tasks are very hard for me to swallow and I feel like I am letting my Soldiers down!

I know that it is a 99% that I am going to be forced out of the Army and I have finally come to terms with that.

The other problem is that I cannot be separated from my family.....I have had issues with that after I returned from deployment. I just don't get the fact that someone that only has spoken to you for 45 minutes can make a determination that goes against another provider that has dealt with your issues for 3.5 years. It is all documented and that was all in my MEB packet.

I think I should have asked for a review and I didn't.....hind-sight is 20/20 :(

Thank you Jason and I will be posting shortly what was on the NARSUM.
 
The only one that I have had a profile on for the last 3 years is my back because it limited me from taking the PT test so I never bothered with any other ailments due to being in the Army Reserves and every time I would go would be lost time from work and money out of my pocket. The NARSUM states that only my back doesn't meet retention standards, I had 15 total issues that went before the MEB. 13 of the other conditions states that "SM has not received any treatment for this condition in the past several years and has not been on a profile for this condition." I have not seeked any further treatment because nothing really had worked. I do know that in the last 4 years, I have seeked treatment on some and I know that I had received a profile at least the first time that I was seen for the condition that they made this blanket statement to!

They also stated that some of the conditions I currently recieve a rating for from the VA are "cured" and are no longer causing problems. This is a false statement and I made sure I told the PA from the VA that did my physical! I just want a fair look at what issues I have!

Thanks again for your responses!
 
Okay, well, it sounds like you have a lot of challenges in getting anything other than your back considered. There are two possibilities: some or all of your other conditions are not unfitting and should not be rated OR they are and should be rated. Your current problem appears to be with proof and evidence.

Let's assume that some or all should be unfitting. As it stands now, the MEB states they do not fail retention standards. This can be a difficult thing to overcome, but it can be done. You need evidence. So, letters from supervisors, sick call slips, doctor's letters, anything you can think of to show that your conditions are currently disabling. It will not work to argue that "well, nothing worked, so I stopped seeking treatment." This would tend to only show that the condition is not that severe. I understand "sucking it up" and not seeking help. But, if the condition is unfitting, you have to show that it has impacted your duties. If you need or would benefit from additional treatment, get it. The MEB has just gone off, so you will likely have a few months at least to gather additional evidence. It may be looked at somewhat skeptically as having been gotten at the last minute, but if the doctors can show objective evidence of limitations, then you should win. My instinct is that the most powerful evidence of unfitness, though, will come from input from military supervisors showing how EACH condition impacts SPECIFIC duties. If you have that and additional evidence from the doctors supporting the severity of the condition, then you should have a strong case for additional unfit findings.

Best of luck!
 
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