What are chances of being found fit/unfit?

I'm curently in the Phase 2 of my MEB process. I claimed 6 things, but only 1 came back as unfitting or "Does not meet requirements". Received my NARSUM last week and appealing to have at least 1 more to be unfitting. I know it's a little early in the process, but what are my chances of being found unfit?
 
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"Chances" of being unfit is the wrong way to look at it. The real issues have to do with how your conditions impact duty performance and what evidence exists to demonstrate the impact on your duty performance.

What does the MEB say? What does your commander say? What is factually different about your situation from what the answers to the previous two questions say? Do you have evidence to demonstrate whatever the answer to the previous question is? If not, can you get it?

The answers won't tell you "chances," but will indicate what the outcome should be.
 
AmyGallay said:
You had one come back unfitting. That's your answer.
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This is a good point of discussion. MEB's don't make fitness findings. So, technically, you can't rely on the fact that the MEB referred the case to the PEB for adjudication as meaning anything. On the other hand, though, the fact that they did indicates that they likely found enough evidence that your conditions do impact your duty performance. I would say it is a bellwether, but not dispositive (the PEB could find none of your conditions unfitting....or they could find additional conditions unfitting; all depends on the evidence).
 
Plus, there are still the MEB appeals in play, so that could result in a change.
 
Jason Perry said:
This is a good point of discussion. MEB's don't make fitness findings. So, technically, you can't rely on the fact that the MEB referred the case to the PEB for adjudication as meaning anything. On the other hand, though, the fact that they did indicates that they likely found enough evidence that your conditions do impact your duty performance. I would say it is a bellwether, but not dispositive (the PEB could find none of your conditions unfitting....or they could find additional conditions unfitting; all depends on the evidence).
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All I meant was his compartment syndrome from his fasciotomy was probably deemed unfitting. Yes more conditions can be added. Such as nerve pain, associated with his surgery.

ALL I meant was, whether he had 1 or 20 deemed not meeting requirements for his AFSC, he is going to be found UNFIT.
 
AmyGallay said:
All I meant was his compartment syndrome from his fasciotomy was probably deemed unfitting. Yes more conditions can be added. Such as nerve pain, associated with his surgery.

ALL I meant was, whether he had 1 or 20 deemed not meeting requirements for his AFSC, he is going to be found UNFIT.
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No, that is not right....just referred to the MEB does not equal unfit. Just means that it was referred to PEB from MEB. But, I have seen many cases where a case is referred from MEB, but the PEB found the member fit thereafter (sometimes this is the desired outcome....other times, not).

Though, it is likely that the PEB would find the condition referred unfitting. My point is that there is no direct relationship between referred MEB conditions and PEB unfit findings. It is likely, yes. But, it does happen, fairly often that a member can be found fit. Just this evening, had two people call me where that exact circumstance happened. MEB referred condition to PEB, member was sure they were going to be unfit and, boom, PEB came back with fit finding.

Conditions failing retention standards (i.e., requiring an MEB) and Unfitness are two separate concepts. There is a correlation between the two (and to get an unfit finding, you definitely want the MEB to refer the conditon), but there is no direct relationship.
 
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My MEB found that two conditions did not meet retention standards; reactive arthritis and migraines. Both conditions were deemed fitting by my IPEB and the PEB refused to allow me to have a formal board to challenge their findings. When I retired for length of service a year later, these two conditions were rated by the VA at 30% and 60% effective the date of retirement. Overall I have carried a 100% P&T rating from the VA from the date of retirement yet my PEB stated I was fit for duty.

Having the MEB refer conditions in no way means they will be found unfitting.

Mike
 
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