If you honestly aren't malingering I would fight. I wish I would have put up more of a fight when I was administratively separated for adjustment disorder. It's much easier to deal with the Air Force from within the system than from outside and dealing with the BCMR later. Something else to keep in mind, IF you ever have any hope to reenlist into the guard or reserve, an administrative discharge for a mental disorder will make that impossible so to keep all of your options open. One other thing, if you do get out and stay in Vegas, the VA here has been great to me.
Yeah, I'm not malingering. I find it hard to believe every time they said "meds won't effect the test, mood makes it better and more accurate" where clearly when I was depressed and answering questions I was answering in the moment not "back when I was normal" it is a tough choice seeing as my second opinion would only be test results reviewed and nothing more. I hope that monday my ortho allows a med board for my shoulder and pushes it asap.
Malingering is only one possible reason for a failed TOMM and invalid MMPI-2. They are tests of effort, and can give a statistical probability of overreporting. However, many of the issues you describe, and some research states some military samples, have a tendency to overreport. I am not an attorney, but I am in BH at a certain Army post, and I would never support UCMJ action against a service member bases solely on performance on psychological testing. For what its worth, I see the patient advocate as suggested. To feel like you might be punished for something that is your right to have feels very wrong to me. best of luck...Bob
Lawyer up and push for the MEB for the shoulder issue. The VA psych will rate you separately from what DOD psychs say. I would go out of pocket for a civilian psych but that is just me. Shoulder issue will likely be rated by ROM only and this at a low percent.
Fight like hell. You only have one chance at this. But talk to a good lawyer first.
Read up on mmpi and what it takes for a high malingering score. You can take it and get interpretations online. I believe from what I've read the malingering score is basically just looking for a pattern of inconsistency in your answers. By understanding the test and asking a civilian psych to administer it, you may get a more accurate and fair result.
How supportive is your chain of command? Are they the types who love to dish out UCMJ punishment like candy?
My chain is super supportive since they all were under the assumption that my shoulder MEB would be coming up soon and they were going to either fight for me to stay in (if i wanted) or let it happen as is if i did not. While standing at attention i did the rough ROM scale and i would be borderline 30% rated since my left arm in non-dominant. I really appreciate everyone's input. After Monday's shoulder appointment i will post an update. I go on leave for 10 days out of state on Tuesday so hopefully i can get some good input Monday and if not then i will for sure be contacting ADC. The worst part of their diagnosis is i know i am not that person, i know i did not try on the TOMM, i know i answered the MMPI truthfully (in a very depressed state) yet they still insist that the tests were designed that way and my call for help was clear. It's is quite terrible to answer a 600 question test truthfully and be told that its invalid that i showed too many symptoms. Along with the other 75 or 100 question test that is rated against "crazy people" as the norm, it also showed too many symptoms to be true they say. I mean "do you feel like someone is following you?" yes when i am panicked in a social setting that is exactly how i felt. do i know that no ONE person is following me out there to get me, yes. they said either way it didnt matter. It is terrible that this anxiety had just flared up for 2 months terribly especially in social settings and now has calmed quite a bit. Now i have this stigma in my mind that im Schizotipal and Dependent which neither are me. After a long 1.5 hour talk with my therapist (who also agreed on the diagnosis) it left me even more in disarray as now im "labeled" in my own head as this person which i am not. tough spot, sorry for the rant. Sometimes just typing this knowing someone else is with me really helps. Thank you again everyone for the input.
New Appt with NEW provider ON BASE but still a different team. A PhD. The only thing she will know about me is my test scores the rest should be a fresh start like the first time i saw someone. Now that my symptoms have cleared a little i feel "out of the wormhole" persay. Hopefully it goes well just like my very first one where a PhD said i had adjustment disorder.
So today i saw the PhD for a second opinion (on base) She had previously ,briefly, read my test results and that was all. We started fresh and i told her the whole she bang. After she said she then needed to analyze my test results and go over all my files from the previous provider and therapist to make her decision. Is this normal in a 2nd opinion to go over all of another doctors notes? I was under the assumption it would be a "fresh look"
So today i saw the PhD for a second opinion (on base) She had previously ,briefly, read my test results and that was all. We started fresh and i told her the whole she bang. After she said she then needed to analyze my test results and go over all my files from the previous provider and therapist to make her decision. Is this normal in a 2nd opinion to go over all of another doctors notes? I was under the assumption it would be a "fresh look"
All of my mental health providers have always wanted to see the notes from previous providers. Mental health is very subjective, just because they go over the old notes doesn't mean they will come to the same result, they likely could come up with a very different diagnosis. I actually had 3 providers give me three separate diagnosis based on the same MMPI test. So as long are you are open and up front I wouldn't worry about it too much.
For what it is worth, I was administratively separated from the Air Force and rather than fight the forces at the time-- I chose to take my claim to the BCMR. I recently won that battle and my admin sep. was changed to medical retirement. I know the feeling of being accused of everything. Keep your head up.
Very open
Signing 3 consent forms for her to discuss with my current and past supervisor over the last year and my wife about everything. She really seems concerned to get it right.
And no malingering what so ever. It's hard to believe that at such a bad time and med swapping the test results still stand. I can't wait for my wife to speak and let them know how I wasn't myself.
I've been served the admin sep. I am leaning towards no board since according to adc last time this happened the wing commander overrode the descision to stay in and get rehab. I have a job lined up and the board could make me miss the hire date as well. Either way adjustment disorder with anxiety is diagnosed and on my record so I could potentially get va disability for that even though mental health recommended this discharge for personality disorder. Littered through my records Is my displeasure with the diagnosis and how testing day I was anxious and the meds were not for me that I was put on at the time. The patient Advocate mentioned the second opinion did thier job very well based on my records (on base but new provider (civilian psyc)) patient Advocate also mentioned a tort claim if I'm out and the va diagnoses me differently. My process from yesturday to seperation date would be 25 duty days if I deny board(all they can decide is characterization which I am already honorable, or to retain member ) just keeping you guys updated
UPDATE: Saw my therapist today, She said if i get a second opinion it would have to be out of pocket otherwise it will be on base with the head Psyc. If i get a second opinion off base she said usually they accept the military results over theirs. I was also told that i may not retake any testing and that meds/depression/anxiety at the time would not effect any of it. Basically malingering result is done and that is it. The second opinion will see this and she said he could defer to my commander for UCMJ punishment if he decides that way, which could mean an other than honorable discharge or confinement. I was told the admin sep process currently will be Honorable Discharge. This leaves a huge decision to me on whether or not to challenge the diagnosis. I know i was not lying and at the time was in a heap of despair and depression along with much anxiety at the time of the testing (which she said is what they want and how the testing works) . I was in between Celexa 100mg and swapping to Zoloft. I had an array of downers used for sleeping and anxiety as well.(i have done away with all but the zoloft and Clonazapam)She said its done 1000's of times and the results are the results. The only reason she did not refer me to commander for Malingering is because she knows the last 8 months of my struggle and thinks my answers were a cry for help. She was not pressing me to accept anything, only letting me know what she knows about it all. I have a shoulder appt with my ortho for a second opinion (which if i deny the second surgery my pcm will refer for med board). I was told the med board might stop the admin sep, but as you can see the results of the testing and diagnosis could not have come at a worse time. :/ - lost and confused on what to do next. I have not Seeked help of a lawyer or of the Patient advocate yet.
I've been served the admin sep. I am leaning towards no board since according to adc last time this happened the wing commander overrode the descision to stay in and get rehab. I have a job lined up and the board could make me miss the hire date as well. Either way adjustment disorder with anxiety is diagnosed and on my record so I could potentially get va disability for that even though mental health recommended this discharge for personality disorder. Littered through my records Is my displeasure with the diagnosis and how testing day I was anxious and the meds were not for me that I was put on at the time. The patient Advocate mentioned the second opinion did thier job very well based on my records (on base but new provider (civilian psyc)) patient Advocate also mentioned a tort claim if I'm out and the va diagnoses me differently. My process from yesturday to seperation date would be 25 duty days if I deny board(all they can decide is characterization which I am already honorable, or to retain member ) just keeping you guys updated
If the condition has been present for greater than six months, then you must be given a MEB. Request the board. Adjustment disorder can only be admin separated if the condition is acute (this means less than six months).
