BCMR/Federal courts assistance (Adjustment Disorder w 70% combat PTSD rating)

LEzell1111

PEB Forum Regular Member
Registered Member
Hi all,
I am a new member to this forum. I joined the Navy June 1, 2000 and was discharged Honorably August 20, 2015. I deployed to Baghdad, Iraq in 2007 where I was the transportation duty driver/travel liaison my job responsibility including picking up newly reporting personnel at the Baghdad airport and also arranging transportation for Sailors, Soldiers, Marines, Contractors, and Civilians redeploying to their CONUS or OCONUS duty stations. I would frequently go outside the green zone during my drives I would constantly hear gunfire, IED blasts, mortars going off. On several occasions I thought I would die during my deployment The was occasion May 2007 where I arranged transportation via NAVCENT DET Iraq for a CDR redeploying to the USA and his convoy was struck by and IED, that service member died. At the end of my tour to Iraq I received news from my Chief Petty Officer that my father had past away. That hurt me knowing I didn't get a chance to say goodbye after I attended the funeral I immediately deployed onboard USS Kitty Hawk (CV-63) with Strike fighter Squadron 102 from 2008-2012 in Yokosuka, Japan. A few months into my deployment I started having suicidal ideation and was referred to the ships psychologist who diagnosed my condition as Adjustment Disorder in 2008. In 2014 years later I reported onboard USS George (CVN-73) in Yokosuka, Japan as the Chief Personnel Specialist around February 2015 I received news from our Administrative Officer that a shipmate and close friend of my Chief Personnel Specialist Desmond Walker died while standing watch at Naval Air Station Coronado, California. We both were junior E5s together onboard USS George Washington (CVN-73) during the 2009 hull swap. I started to have memories of my time in Iraq and started speaking with the ships psychologists about my PTSD related issues loosing a friend and constant loud noises aircraft and weapons drills made me think I was back in Iraq. After speaking with the ships psychologists for several months I was told by my chain of command that I was schedule to meet with the ships Commanding Officer and the Senior Medical Officer of the ship. During that meeting the Commanding Officer told me I was being discharged after 15 Honorable years of service for (Condition, not a Disability) Adjustment Disorder. After my discharge September 2015 within a year of separation I submitted a claim with the Department of Veteran affairs and was diagnosed with combat PTSD at 50% rating then increased to 70%. I was also diagnosed with sleep apnea 50% which is a secondary condition to my combat
PTSD that came during my 2007 deployment to Baghdad, Iraq. I have an overall 90% disability rating I petitioned the BCNR March 18, 2016 and received and email from Ms. Katherine Saunders at BCNR with their CORB Advisory opinion after submitted my VA increase letter to them I received their BCNR decision which denied my request for disability retirement. There reason for denying my request was that my performance of duty was not affected. I believe if my performance of duty was not affected I should not have been Admin Discharged with Adjustment Disorder. I never got a chance to go through the IDES, MEB, PEB. I tried to go at this alone and failed I am seeking legal assistance with trying to appeal the BCNR decision or and help that would lead to a Military disability retirement for combat related PTSD.

Thank you.
 

Attachments

  • BCNR decision.pdf
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  • EZELL, L.-NR2095-16 -5pgs.pdf
    1.9 MB · Views: 4
  • Deployment_Baghdad.pdf
    211.5 KB · Views: 3
  • Iraq campaign medal.pdf
    20 KB · Views: 3
  • VA letter.pdf
    60.7 KB · Views: 6
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