I am glad that a peblo would bother to be on this site to help us figure out what's going on. Thank you for taking your time to help us. I greatly appreciate it.
Adjustment Disorder news
- Thread starter PEBLO11
- Start date
I am glad that a peblo would bother to be on this site to help us figure out what's going on. Thank you for taking your time to help us. I greatly appreciate it.
No problem brother. I went through one myself and I do this job as a way of staying "in the fight." I think the biggest reason I do this, on my own time so no conflict during work hours, is to help clear up a lot of misconceptions about the process. Too many folks listen to barracks lawyers and others. I think everyone should hear the honest truth, and reality, from someone who actually does this for a living. The other reason is I think there are some PEBLOs out there that honestly don't give a shit. Maybe they're jaded by the few fakers that come through, I don't know. I hope that through this, you all will know we are not all like that.
I will post up what I get from the OTSG Memo. Realistically, until the memo is out, there is nothing solidified. If it didn't come out late in the day Friday, it should come out Monday or Tuesday. Nothing spells clarity like having it in writing. Call me a skeptic.
I'm one of those in hold, it sucks cause I have a federal law enforcement job line up and can't do nothing about it until they address this issue, hopefully it doesn't take a few moths to fix this cause if I will not be happy.
Below is the email I sent to the Army discussing my concerns with the Army's chronic adjustment disorder policy.
Mike
Gentlemen,
Over the weekend I heard scuttlebutt on the Army policy for addressing chronic adjustment disorder. If true, I have deep concerns about this new policy.
Here is what I heard. Records for those in the PEB affected by the recent DoDI 1332.38 chronic adjustment disorder change would be reviewed to see if the adjustment disorder is acute (< 6 months) or chronic (> 6 months). If acute, the adjustment disorder is not reviewable by the DES. If chronic, the records are further reviewed to see if the condition meets retention standards. Since there are currently no established retention standards for adjustment disorder, the retention standard would center on the need for hospitalization or for the need for a protective environment. If the condition failed to meet this retention standard, the condition would then be placed on the DA 3947 and the PEB would determine if the condition is unfitting or not.
Again, I have numerous problems with the policy if it is fact as described above.
First, it appears that it only apply to those in the DES which I read as having another condition(s) that required DES evaluation. Is there a check for those who were administratively separated for adjustment disorder since the DoDI 1332.38 policy change took effect and who were not processed by the DES?
Second, the policy above is based on the false position that in order for a condition to be deemed unfitting, either independently unfitting or contributing to overall unfitness, it must first fail retention standards. Nothing could be further from the truth. First, DoDI 1332.38 requires all conditions be covered in the MEB with full clinical data. In addition, per DoDI 1332.38 (E4.1.2.1) any condition that significantly interferes with the reasonable fulfillment of the purpose of the individual's employment in the military must be referred to the DES. Most concerning, DoDI 1332.38's Overall Effect provision states:
Condition that contribute to unfitness, but are not themselves independently unfitting or cause for referral into the DES (failed retention standards), are to be rated per the VASRD. The Army policy described above erroneously requires the adjustment disorder to fail retention standards before it can have its fitness impact assessed by the PEB and subsequently rated for DES purposes.
Adjustment disorder, like any other condition, needs to be covered with full clinical data as per the longstanding DoDI 1332.38 requirement. This information needs to be provided to the PEB, regardless if the condition meets retention standards or not. The Non Medical Assessment (NMA) is a key document for the PEB to determine the impact of the condition on duty performance. NMA's need to specify each condition and its impact on duty performance. Before a PEB can make a fitness call on adjustment disorder, the NMA must first discuss the impact of the adjustment disorder on duty performance. I would hope any review of adjustment disorder under this new DoDI 1332.38 policy chance would ensure the impact of the adjustment disorder is properly covered in the NMA.
The Army's policy for chronic adjustment disorder seems to require the condition be severe enough to require hospitalization and or a protective environment in order for it to fail retention standards and/or be unfitting/contributing to unfitness. Will this also be the standard for acute adjustment disorder? Will acute adjustment disorder require hospitalization or a protective environment in order for it to trigger an administrative separation? I fear we will have a different standard for unfitness for chronic adjustment disorder under the DES as opposed to the standard to trigger administrative separation for acute adjustment disorder.
I wonder if there remains a need to have administrative separations for acute adjustment disorder. Either the condition will resolve in short order (less than six months) and allow for continued military service or it will be chronic and will trigger DES processing. I fear a members with adjustment disorder will be expedited out of service before the condition is deemed chronic and triggering DES evaluation and potential DoD disability benefits. This could cause members not to seek help or be denied help as they are fast tracked out for acute adjustment disorder.
I also am concerned that the Services may develop different standards for addressing chronic adjustment disorder thus violating a key provision of DoDD 1332.18 that requires that standards for determining fitness be uniformed across the Services. This provision states:
Shouldn't the policy for adjudicating chronic adjustment disorder be issued by DoD to ensure uniformity of the standard by all the Services as required by DoDD 1332.18?
V/R,
Michael A. Parker
LTC, USA (Retired)
Wounded Warrior Advocate
Mike
Gentlemen,
Over the weekend I heard scuttlebutt on the Army policy for addressing chronic adjustment disorder. If true, I have deep concerns about this new policy.
Here is what I heard. Records for those in the PEB affected by the recent DoDI 1332.38 chronic adjustment disorder change would be reviewed to see if the adjustment disorder is acute (< 6 months) or chronic (> 6 months). If acute, the adjustment disorder is not reviewable by the DES. If chronic, the records are further reviewed to see if the condition meets retention standards. Since there are currently no established retention standards for adjustment disorder, the retention standard would center on the need for hospitalization or for the need for a protective environment. If the condition failed to meet this retention standard, the condition would then be placed on the DA 3947 and the PEB would determine if the condition is unfitting or not.
Again, I have numerous problems with the policy if it is fact as described above.
First, it appears that it only apply to those in the DES which I read as having another condition(s) that required DES evaluation. Is there a check for those who were administratively separated for adjustment disorder since the DoDI 1332.38 policy change took effect and who were not processed by the DES?
Second, the policy above is based on the false position that in order for a condition to be deemed unfitting, either independently unfitting or contributing to overall unfitness, it must first fail retention standards. Nothing could be further from the truth. First, DoDI 1332.38 requires all conditions be covered in the MEB with full clinical data. In addition, per DoDI 1332.38 (E4.1.2.1) any condition that significantly interferes with the reasonable fulfillment of the purpose of the individual's employment in the military must be referred to the DES. Most concerning, DoDI 1332.38's Overall Effect provision states:
E3.P3.4.4. Overall Effect. A member may be determined unfit as a result of the overall effect of two or more impairments even though each of them, standing alone, would not cause the member to be referred into the DES or be found unfit because of physical disability.
The 14 October 2008 DTM which implements the changes in the 2008 NDAA, states:
E7.1.2. The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) shall be used in making ratings determinations for each of the medical conditions determined to be unfitting independently or due to combined effect, to include in combination with an independently unfitting condition. If more than 1 military unfitting condition exists, the VASRD will be used to determine a combined disability rating for each unfitting condition. For purposes of establishing a rating, the VASRD will be used in relation to the Service member's physical disability at the time of the evaluation. If use of convalescent ratings and/or other interim ratings (i.e prestabilization ratings) applies, the Service member may be placed on the Temporary Disability Retired List (TDRL) for re- evaluation purposes.
Adjustment disorder, like any other condition, needs to be covered with full clinical data as per the longstanding DoDI 1332.38 requirement. This information needs to be provided to the PEB, regardless if the condition meets retention standards or not. The Non Medical Assessment (NMA) is a key document for the PEB to determine the impact of the condition on duty performance. NMA's need to specify each condition and its impact on duty performance. Before a PEB can make a fitness call on adjustment disorder, the NMA must first discuss the impact of the adjustment disorder on duty performance. I would hope any review of adjustment disorder under this new DoDI 1332.38 policy chance would ensure the impact of the adjustment disorder is properly covered in the NMA.
The Army's policy for chronic adjustment disorder seems to require the condition be severe enough to require hospitalization and or a protective environment in order for it to fail retention standards and/or be unfitting/contributing to unfitness. Will this also be the standard for acute adjustment disorder? Will acute adjustment disorder require hospitalization or a protective environment in order for it to trigger an administrative separation? I fear we will have a different standard for unfitness for chronic adjustment disorder under the DES as opposed to the standard to trigger administrative separation for acute adjustment disorder.
I wonder if there remains a need to have administrative separations for acute adjustment disorder. Either the condition will resolve in short order (less than six months) and allow for continued military service or it will be chronic and will trigger DES processing. I fear a members with adjustment disorder will be expedited out of service before the condition is deemed chronic and triggering DES evaluation and potential DoD disability benefits. This could cause members not to seek help or be denied help as they are fast tracked out for acute adjustment disorder.
I also am concerned that the Services may develop different standards for addressing chronic adjustment disorder thus violating a key provision of DoDD 1332.18 that requires that standards for determining fitness be uniformed across the Services. This provision states:
3.7. The standards for determining unfitness because of physical disability or medical disqualification and the compensability of unfitting disabilities shall be uniform among the Services and between components within an individual Service. (See DoD Instruction 1332.38 (reference (e)).)
V/R,
Michael A. Parker
LTC, USA (Retired)
Wounded Warrior Advocate
I don't think this will take months to resolve. It is also my understanding that those who were already on terminal leave will be the first to have their cases reviewed. Sorry brother, I know it's not what you want to hear. The thing is that this could have a big impact on the final disposition of your case which could have life long rewards, or repercussions. I hope, for your and the others caught up in this, this gets resolved soon.
I hope so, Just when I got my VA %'s back they my PEBLO told me they hold my case because the adjustment disorder. My disqualifying condition is my back, but know they are waiting for this to determine if I will receive severance pay or medical retired. Is very frustrated for all of us that are trying to move on and do bigger things and our lives are in hold. I just pray to God this gets resolved soon. Thanks to all of you that keep informing the soldiers about this issue God bless you all.
I have a question... If the current OTSG Memo expires on 10 Jun 2013, that means they have to come with a new one before that date?
I'm with Signal Warrior, here. My condition was originally my shoulder and with this all of a sudden I am in the realm of retirement or not. I don't know what to feel here. Is this how the PTSD stuff started? I mean, is there any similarity in the wording that would indicate which way the axe will fall so to speak? Thanks to all the PEBLO's out there, I hope mine is paying attention to all this. I'm not sure how gung ho she is about her mission. God, I hope she's like you guys. Thanks again for everything.
Does anyone know how this would affect formal PEB hearings . I was waiting to receive my date to appeal my case due to a clerical error in my 199 rating me for the wrong condition in the description under the correct code and condition for something that was not related to BH. I have a adjustment disorder diagnosis on my case .
Thanks
Brendan
Thanks
Brendan
It is possible, maybe even likely, that your case is getting a second look on the adjustment disorder. I've had other PEBLOs tell me that they had soldiers who had their Formal Hearings put on hold because of that. I wouldn't think correction of a clerical would require a formal hearing. That kind of thing is often settled with an informal reconsideration. Did your PEBLO ask for that? You would have needed to provide a written appeal for that.
There is still no OTSG memo out. Things have gotten very quiet and I suspect they have decided to actually work some of the issues out before throwing another ill conceived memo out with no consideration for its consequences. This is a mixed blessing. For some, this will mean the difference between severance pay and retirement, although I'm almost certain it will be TDRL. For the majority however, it is going to be a shit sandwich. This will delay their case only to have it pick up where it left off, with no change.
I do have an observation though. I have noticed that some of my cases have an adjustment disorder memo and change from the legal folks at the PEB stating that the adjustment disorder clearly meets retention standards, and can proceed. These have been on soldiers that have already received their DA199 and concurred. It has been both soldiers with retirement and severance pay, so not sure how they get singled out. If you have already signed your DA199, and you have an adjustment disorder that had an S1 in your PULHES, you may consider asking your PEBLO to take a look in your ePEB folder to see if there is a memo like that, with a slight change to the wording on your DA199. I think those people probably never really noticed any "hold" in their process. The transaction history for most will clearly show "Return to MTF," if they are held up for this.
I hope this helps just a little? I know it isn't much, but right now we are in just about the same level of darkness you guys are in.
I do have an observation though. I have noticed that some of my cases have an adjustment disorder memo and change from the legal folks at the PEB stating that the adjustment disorder clearly meets retention standards, and can proceed. These have been on soldiers that have already received their DA199 and concurred. It has been both soldiers with retirement and severance pay, so not sure how they get singled out. If you have already signed your DA199, and you have an adjustment disorder that had an S1 in your PULHES, you may consider asking your PEBLO to take a look in your ePEB folder to see if there is a memo like that, with a slight change to the wording on your DA199. I think those people probably never really noticed any "hold" in their process. The transaction history for most will clearly show "Return to MTF," if they are held up for this.
I hope this helps just a little? I know it isn't much, but right now we are in just about the same level of darkness you guys are in.
Well well well I am a pissed off soldier!!! (I had 2 tours in Iraq, and a short tour in Kosovo).I don't know what to do here!!!
I'm one of those soldiers from JBLM that was going through a med board. California Army National Guard.
I was medevac'd out of theater
(KOSOVO...after I got into a fist fight with my 1st SG and threating to kill him)
and after two years all of a sudden... I am fit for duty!!! WOW!!!
then I find out that the guy in charge at Madigan was relieved from his position for misdiagnosing soldiers on purpose!!!
I called after I received my letter stating that I could be reevaluated by signing and submitting it in.
Well I submitted the letter and long story short I was sent back to JBLM for reevaluation and after a one hour interview with a major from FT. Drum, He said to me "I you were under my care I could really help you"
So I said "well here I am"
BUT he said "I'm only here for reevaluating soldiers, and I'm in New York, so I can't".
Then he went on with telling me that he sides with the original evaluation of a mood disorder and or adjustment disorder...
I wanted to PUNCH HIM!!!
I was again sent home with an even bigger thumb up my ass!!! Now after all that I am no better off.
The V.A. has finally rated me;
70% PTSD
10% left shoulder
10% right ankle
10% tinnitus
With an over all rating of 80% and I received 0%'s for my hearing loss, my upper and lower back pain, nasal surgery, and dry eye syndrome. It doesn't even mention that I can't sleep right and I have sleep apnea, the V.A. gave me a sleep pap machine.
But non the less they sent me home, back to my unit and back to my Guard Tech job. Well so far everything has been a hardship for me, the stress of keeping up with the job and being the go to guy for the unit and the stress from trying to be a good leading SSG, has taken it's toll once again. My back has spazzed out again to the point where my hips hurt just by walking and standing to long. I had to use my own medical insurance to find out what was going on with my back...I have two bulging disks on my cervical spine and two minor bulging disks on my lower lumbar and lots of arthritis through out my entire back!!!.
I'm tired, I'm lost, my wife is sick of me, I'm on disability due to my back problems, and that has just been taken away from me, I sometimes feel like why even bother trying anymore... if it weren't for the meds that I'm on to keep me somewhat steady I probably would have done something stupid by now. But whatever!!! I'm really losing hope here.