NEED HELP ASAP about my MSC screwing me over

I

iraqvet77

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Here is below what he emailed me back. Ive went through my SMR and spoke to several VSO's about what should I claim. I already filled out my VA/DOD what I wanted rated with my MSC but I wanted to add more but he WONT allow me. Im pissed the hell off. First of all Army has let me down from the start lucky I know more than the average person about VA claims and what to file for but I was in hurry to get the paper rolling. I know that's my fault but I RECOMMEND every soldier have a VSO go through SMR to see what their recommendations what to file. MSC is not trained on that subject at all. So right there the Army has let you down. That's like taking your taxes to someone that has not ever received any proper training on the law what a person can file for there taxes. It's a bunch of BS!!! Below is what he emailed me and if any one can give me advice what I should do I greatly appreciate it.


I have already sent the forms forward and the exams have been scheduled. When you go to the exams make sure you state these additional symptoms and they may look at them. There is a strong chance they may not be addressed for the IDES program. As per our phone conversation last week I said you can claim them but it may need to wait until the IDES program is done and then put on a 21-526 and then claim them as a veteran. The exam times are set up for the contentions that are sent on the 21-0819 and cannot be changed due to adding additional contentions throw-out the process. Also are you talking to our Lawyers here, if so they would know that you cant just continue to add contentions after the paperwork has been sent in.

I am here to help you and I will do all I can to do it, but I also need to stay within the laws and regulations that govern this program.
 
You had to sign the 21-0819 after it was prepared. Did you not realize the conditions were present?

I would not put this on the MSC but rather accept some personal responsibility as well. Make sure you have a very good 21-526 ready to submit the moment you separate, this way you do not miss out on any potential benefits.
 
No I didn't about the conditions. Unless a soldier already know Title 38 Part 4 that most don't you don't know what you can file for. I will accept some responsibility about it but not much since the Army allows a MSC help you to file claims without any education and/or training what you can and can't file for. Again it goes back to my story about filing income taxes. It's not fair dealing with someone that doesn't know what there doing. I'm in the National Guard so I don't know how the Active duty soldiers are treated at all. I don't know if they start MEB and they have different VSO's that are specialized in MEB/PEB process there to assist soldiers with their claims or not. You gotta remember are RESOURCES are very limited as you can see in this forum that most Reserve component soldiers are left out in left field trying to figure out what he/she needs to do to in this process.
 
I dunno, My MSC had found 20-22 conditions in my records some of which I did not know to claim, and then I added 3 he did not find, an dhe did so without issue. I am sorry you went through this and I hope the process improves for you.
 
Send a letter to the MEB reviewing authority and the PEB stating you need these conditions covered (as required by law and regulation) and if they are not it will only cause delays when you are forced appeal the case.

Mike
 
Mike,
What is the law and regulation concerning this matter?
Thanks
 
Iraqvet,
Simply based on what I have read, it seems to me that your MSC is trying to cover your 6. It also seems that there is more to the story. I dont know how long you have been in the military, but I was always told from day one.. If you get hurt, say something and get it documented. That being said, as long as you can get 30% from the military, you are set. Now, the more contentions you put up there, the more drawn out this is going to be for you.
Jeff
 
Indeed, are these new claims that you just recently had looked at or were the claims already covered in your medical records BEFORE the MEB started?
 
DoDI 1332.38 (MEB Content) requires all medical conditions be covered in the MEB. 10 USC 1216a requires the PEB to consider all conditions in their findings.

Mike
 
maparker said:
Send a letter to the MEB reviewing authority and the PEB stating you need these conditions covered (as required by law and regulation) and if they are not it will only cause delays when you are forced appeal the case.

Mike
Click to expand...

iraqvet77 said:
Mike,
What is the law and regulation concerning this matter?
Thanks
Click to expand...

maparker said:
DoDI 1332.38 (MEB Content) requires all medical conditions be covered in the MEB. 10 USC 1216a requires the PEB to consider all conditions in their findings.

Mike
Click to expand...

Indeed, it's worth a shot since favorable results can but only result in my opinion.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
ffjeff319 said:
Iraqvet,
Simply based on what I have read, it seems to me that your MSC is trying to cover your 6. It also seems that there is more to the story. I dont know how long you have been in the military, but I was always told from day one.. If you get hurt, say something and get it documented. That being said, as long as you can get 30% from the military, you are set. Now, the more contentions you put up there, the more drawn out this is going to be for you.
Jeff
Click to expand...

There is no MORE to the story. Like many VSO's has told me that are specialized in MEB/PEB that MSC doesn't have any training on how to file claims properly or let alone what a veteran can file.
 
iraqvet77 said:
There is no MORE to the story. Like many VSO's has told me that are specialized in MEB/PEB that MSC doesn't have any training on how to file claims properly or let alone what a veteran can file.
Click to expand...

Hmm, if this is truly the case, what's your next COA for potential resolution; hopefully not pure acceptance? :confused:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes![/quote]
 
Well I just got home from IDES exam that was proctored by a PA that's very arrogant and I've dealt with her for 2 years in the Orthopedic department. I knew that my hands were tied up when I walked in her room today. It was unbelievable she went over 6 medical conditions that was on my form filed 2 weeks ago and again I will state that my MSC told me I couldn't add no more to the form since it was already sent to the VA. He told me to bring up my other issues to her. Well I did!! Guess what Mr. were here to discuss what the military has sent me that's it no more no less. We went over such as IBS that is in the line of a GI doctor not for a PA that is specialized in Orthopedic. I knew her credential two years ago because I had a issue with her and I researched that she hasn't went back to school for more education. So I know that today was a DISASTER. The test is different than what it was a year ago. Example for range of motion they used to measure your range of motion where your pain starts happening. Today is was if your range of motion can go straight up and didn't matter how long it took you or how much pain she checked the block. I had sick call slips for both knees you think she has any of my medical records. NOPE Luckily I had mine. I asked her if she wanted to look at them NOPE she said they will send them soon and she will go over the records LMFAO. Im just so amazed how it was today.
 
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iraqvet77 said:
Well I just got home from IDES exam that was proctored by a PA that's very arrogant and I've dealt with her for 2 years in the Orthopedic department. I knew that my hands were tied up when I walked in her room today. It was unbelievable she went over 6 medical conditions that was on my form filed 2 weeks ago and again I will state that my MSC told me I couldn't add no more to the form since it was already sent to the VA. He told me to bring up my other issues to her. Well I did!! Guess what Mr. were here to discuss what the military has sent me that's it no more no less. We went over such as IBS that is in the line of a GI doctor not for a PA that is specialized in Orthopedic. I knew her credential two years ago because I had a issue with her and I researched that she hasn't went back to school for more education. So I know that today was a DISASTER. The test is different than what it was a year ago. Example for range of motion they used to measure your range of motion where your pain starts happening. Today is was if your range of motion can go straight up and didn't matter how long it took you or how much pain she checked the block. I had sick call slips for both knees you think she has any of my medical records. NOPE Luckily I had mine. I asked her if she wanted to look at them NOPE she said they will send them soon and she will go over the records LMFAO. Im just so amazed how it was today.
Click to expand...

Indeed, wow it seems that your current situation has potentially met its end unfortunately! :confused:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Attached is an appeal I did earlier this year for a Marine. There are sections relevant to your issue. I suggest you parrot these points in your MEB appeal. As a result of this appeal, the PEB sent the MEB back for rework. After several months of rework, his MEB is back at the IPEB for readjudication.

Mike
 

Attachments

maparker said:
Attached is an appeal I did earlier this year for a Marine. There are sections relevant to your issue. I suggest you parrot these points in your MEB appeal. As a result of this appeal, the PEB sent the MEB back for rework. After several months of rework, his MEB is back at the IPEB for readjudication.

Mike
Click to expand...

Indeed, good deal as such when you think the end is potentially near, here is mapaker's sound insightful feedback to save the day in my opinion! :D

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
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