• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Military Deployment/Discharge for Asthma

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sgtmac

Junior Member
What is the name of your state? KY

Here's my situation: I am 35 years old, on active duty, and been in the Army for 18 years (joined at 17). I was diagnosed with Asthma by a civilian doctor in 2005 and put on a daily medication (corticosteroid) and given a breathalyzer for emergencies which was used often. The conditions for asthma worsened with dust, mold, and allergies. Occasionally I would have flare ups while exercising and have to use the breathalyzer. Over the last two years the conditions have gotten much worse. Earlier this year (2007), my unit received orders to deploy to Iraq. In May, I was determined by the medical screening unit to be non-deployable and sent back to home station to await a fit-for-duty examination to determine, I can only guess, my condition. My fit-for-duty appointment is on 15 October 2007, so I have not had that exam yet. Yesterday, I received reassignment orders to PCS to another unit 650 miles away (report by 15 Dec). That unit is preparing to deploy to Iraq in February. My intention is to get a discharge/separation or put in a non-deployable status due to asthma. My questions are:

How do they determine asthma severity in a fit-for-duty exam? I have documention from my Civilian Doctor that recommends not being sent to Iraq due to the condition. Will documents from my civilian doctor be considered?

How can they transfer me to another deploying unit, when I haven't been cleared yet to be deployable? I had a profile that only lasted 3 months and ran out at the end of August, so the orders issuing authority said that because I was not on profile or entered into the Physical Disability Evaluation System (PDES), that I was able to be reassigned. My assumption is that if I am found not-fit, then I am sent to a MEB (what does the MEB do? and does that constitute entry into the PDES?). I would guess at that time, I could request the orders be cancelled.

Any advice would be appreciated.
 
Last edited:


SHORTY LONG

Senior Member
Usually the Medical Review Board (MRB) does the evaluation and makes recommendations as to what types of duties the individual should be assigned to or whether he or she should be retained by the military at all. Each branch of the military has different options for the MRB to choose from in making their recommendations.
 

sgtmac

Junior Member
I am sorry for the confusion. I should have said MEB and not MRB in my post above. It is not edited to reflect MEB.
 

JADM

Junior Member
Check out AR 635-40

The first step is that the MEB determines if you have a condition that is disqualifying for retention. The standards are in AR 40-501, Chapter 3.

The next step would be referral to Physical Evaluation Board. They would determine if you are fit for duty, or if unfit, what compensation you are eligible for. The regulations for the PEB is AR 635-40.

As far as ratings, you are rated using the Veterans Affairs Schedule for Rating Disabilities (VASRD).

Check out this website for more info: www.pebforum.com .

Good luck,

Jason
 

DRTDEVL

Member
Deployable/Nondeployable... What does that have to do with PCSing?

Nothing.

You will still PCS. The MMC on the other side will determine your eligibility for deployment based on the findings of your physical evaluation next week.

Deployability has nothing to do with PCS ability.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top