Initiating BCMR Review

U

usafah02

PEB Forum Regular Member
I was wondering what if anything i should send along with my DD Form 149. Should i write a statement or gather my med records. I have been doing both, but am having a hard time because one my condition keeps interfering, and 2 understanding my medical records is difficult and understanding the doctor’s handwriting is almost impossible. I am afraid if i just send in the form i will not get a favorable answer back. Will they even accept anything besides the 149? I have a 10% disability from the Air Force, and a 50% from the VA. The Air Force did not include my bipolar disorder, anxiety disorder, or PTSD when they discharged me; all they included was my pain of unknown ethology. I had kidney stones because of chemicals i dealt with, and i had a military doctor do a procedure and he tore something and almost killed me. Now i want to go back and have them add those conditions and retire me. As i go through my med records I am finding so many things that i wonder how they did not add any of that before. Any advice would be appreciated.
 
usafah02,

Welcome! Many people are successful in applying with a very simple application that they prepare (sometimes just the DD149). However, it is impossible to say what you should submit for the best chances for success. When I prepare an application for clients, I prepare a legal memorandum explaining the relief we want, addressing the jurisdiction of the board to hear the case (especially important if the case is more than 3 years old), the legal issues, and I include whatever relevant evidence we have. In military disability cases, it is important to address the unfitting nature of the condition you are seeking a rating for.

So, you can see that there is a wide continuum of detail in different applications that people submit. It is hard to say more without knowing all the details. In some cases, legal representation is advisable. In others, the person is able to submit an application on their own and have success. I would say it is particularly important to seek advice if you are going to appeal any adverse decision from the BCMR in court.

I hope this was helpful and that you get a good outcome with the benefits you deserve.
 
Jason,

I sent you an email asking for you help or advice didn't receive a reply was I to brash in my approach?

Jonathan
 
Johnathan,

No, you were not to brash. I don't recall receiving an e-mail, so that is why no reply. Did you send via the link on my profile?

To anyone who wants to contact me, sending an e-mail or PM are both fine. For general questions, though, be aware that when I am travelling for a Formal Board or have pressing client commitments, I may not answer for a few days. Re-send if you don't get a reply. I answer all e-mails (with the earlier caveat). This does not mean that I am always able to answer a question...sometimes I get questions with no apparent answer or the answer depends on the facts of the case. But, if I don't have an answer, I will tell you that, too.
 
ok so here is an update. i contacted DAV and the person told me that there is little to no chance that i will get anything added to my conditions. just so you have a little more detail. i was seperated june of 2007 because of right lower abdominal pain of unknown etology. i accepted a seperation with severance pay at a 10% rating. immeaditally after i was released i was given a 50% rating by the VA.
here is a breakdown for what i was found by the va to have:

  • Bipolar Disorder (30%)(also claimed as anxiety disorder, major depressive disorder, and recurrent dysthymic disorder)
  • Cervical spine strain (10%)(also claimed at cervicalgia and pain disorder associated with psychological and physical factors)
  • Lumbar and thoracic spine strain (10%)(also claimed as lumbago and thoracic spine condition)
  • Gastro esophageal reflux disease (10%)(also claimed as chronic right lower abdominal condition of unknown etiology, stomach condition, gastritis, irritable bowel syndrome, and colitis)
  • Nephrolithiasis (10%)(also claimed as passage of kidney stones and renal colic)
  • and a few other things rated at 0%.
while i was in the military i started having pain in my lower a right abdomin and blood in my urine. i was diagnosed as having kidney stones but the pain stayed even when i didnt have stones. i had a routine procedure done and the doctor tore my uriter(the tube that connects the kidney to the bladder). the doctor didnt know and i was sent home. i ended up returning to the er that night and was rushed in to emergency surgery to repair it. they couldnt repair it at the base hospital so i was sent to a civilian hospital where the repair was done. after the procedure i was in the hospital all the time thinking i was dying from the pain that came from nowhere. on top of that, one weekend after i was told by my psychologest to go out and have a night life the first nite i went out i was druged and raped. what i want to do is have the conditions found by the VA as well as PTSD which im in the process of having the VA add to my conditions list. sevear anxiety is hindering my ability to work as well as my ability to sit and work on this. im still going to press to see if i can have these conditions added, but now that i am cycling again it is getting really hard to do. oh and before i got out of the military i was diagnosed with adjustment disorder and depression, it wasnt until after i got out that tricare and then VA found me to have bipolar disorder. any words of wisdom would be greatly appreciated.
 
Hello, a month ago I was medically discharged (CLL/SLL, a chronic Leukemia, & minor OCD) from the Air Nat'l Guard after 15 yrs 3 mos. of military svc, including 6.5 active (navigator). No retirement, no sep pay. One empathetic ARPC advisor strongly suggests I file a BCMR, because I was told not to do active duty (orders, UTAs), & was NOT told about getting points through ECI courses (so I only have about 13.5 "good" years). I definitely had the medical condition when on orders & in UTA status, & have proof. Any suggestions on filing this? It looks definite I'll get FERS disability retirement, but I'm surprised I was just cut loose on the military side.
 
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