Chapter 18

Continue to fight. This nurse should be relieved from her duty position and sent somewhere where she cannot harm others.

I don't have additional substantive input at this point. It is not unusual to have people tell you "no" or give bad info. Just means you have to continue to fight for yourself.
 
Step 1. IG complaint
Step 2. Congressional
Step 3. next higher branch IG complaint

IF you get chp 18 out and this is not to give you hope or steer your differently, if you get 80% from va upon discharge, going to board of military records and fighting for a medical retirement may be a possibility. Hope is only lost when you stop caring to fight.
 
TSgt Twitch said:
...if you get 80% from va upon discharge, going to board of military records and fighting for a medical retirement may be a possibility. Hope is only lost when you stop caring to fight.
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No reason that 80% from the VA is a threshold to be reached before pursuing disability retirement. 30% would be helpful to the case, though.
 
Yes, he did give some great advice and I am definitely taking steps forward. I am going to let my provider know that I am going to request a second opinion. In the meantime, I have drafted an eloquently written letter to initiate a congressional inquiry. I will be notifying my chain of command tomorrow morning of my intention to do so. I am letting it sit overnight for the whole "restraint of pen and tongue" concept.

Well, that is about it I suppose. Again, thanks for the help thus far everyone.
 
I'm glad to see you still fighting it. When all my joints blew up on me, I was diagnosed with Ehlers-Danlos Syndrome, which explained it. However, if I didn't know to push for that diagnosis, I likely would have been completely lost in the medical system and considered malingering. Even now, none of my doctors really know how to treat me and lack knowledge beyond Wikipedia on it. even though I'm about as solid of a case for it as possible, they would have never had the idea to examine me had I not strongly prodded them to and then pushed for a geneticist referral when the rheumatologist fucked up my diagnosis (despite me being clear cut).
 
Again, stay the course and remain strong throughout your interactions while trying to secure the best solution for yourself and your family.

Thus, please remember that possessing well-informed knowledge is truly a powerful equalizer.

Best Wishes!
 
Well, I talked to my IG for the third time for the same issues and I feel like I am getting the run around. They tend to put it off as a chain of command issue even though it involves medical. I then talked to my supervisor one last time in hopes of some intervention into my lack of medical care from the chain of command and was told that "it is just easier to separate you. We just have too many Soldiers in the company." The night prior to this conversation, I had drawn up an eloquently written letter to my congressman. Later that day, I ran into a young PFC who had the same doctor as I and has been on medical holdover status for 3 years here at DLI. It turns out one of the first things this doctor here does when he gets a servicemember for whom he is not able to treat is refer them to behavioral health in which then quickly put the old "malingering" stamp on their records. Pretty sad if you ask me. The guy said that he has seen the doctor ruin many a career. Needless to say, I went home that afternoon and faxed the letter to my congressman.

So, I am getting mentally prepared for the upcoming firestorm that is about to happen. Hopefully, right will prevail. I'll keep posting if anyone is interested. If not, this will serve as a place to rant. Either way.
 
Also do not be afraid to go to the next higher level IG, A case I am currently associated with we have had to go 2 levels above traditional channels due to the local ones being chosen for their position from within the group.
 
Thanks for the tip. Ya, I have heard about the weird ways in which AF IG reps are selected. It seems like it defeats the purpose of objectivity.

Do you think it would be wise to get the next higher IG with the congressional about to begin? My intuition tells me to do so. You know, just put all my chips out on the table and literally "go big or go home".
 
I'm back! Well, I dropped the request for congressional assistance and the "firestorm" came really quick. I hate the fact that it takes intervention from a member of congress in order to get people to do their jobs, but that is the way it is here I suppose.

As it stands now, the Chapter 18 has come to a screeching halt after the clinic OIC looked at my records and saw that I was on a medication for over a year that significantly contributed to weight gain. Also, I have been placed on medical hold at my school and am going to be referred out to see some migraine specialists. My hope is that I can get proper management of the headaches then be able to return to class. However, the fact that the justification was there for a medical hold only reenforces the fact that my medical conditions are significantly inhibiting my ability to do my job.

I am preparing for all possible outcomes. Thanks to all members who have contributed thus far!
 
For those following this: I got the results of the congressional inquiry. The Army just stood by their statement that the migraines do not constitute entry to the IDES system. The congressional rep thanked me for my service and told me not to hesitate if there is anything else needed.

So, I guess that is that. I think I am going to take the advice of others and hire a lawyer (Jason) after I get out and start the fight to get a medical retirement from the outside. I am fairly confident that I'll see about 80% judging by what I've read in the regs and through the experiences of people on this site. I'll see an honorable discharge and get half sep pay (although I'd probably forego that if possible. I'd have to do a little more research.)

Any thoughts or recommendations based on experience is greatly appreciated. Thanks for everyone's help thus far!
 
gimartin said:
For those following this: I got the results of the congressional inquiry. The Army just stood by their statement that the migraines do not constitute entry to the IDES system. The congressional rep thanked me for my service and told me not to hesitate if there is anything else needed.

So, I guess that is that. I think I am going to take the advice of others and hire a lawyer (Jason) after I get out and start the fight to get a medical retirement from the outside. I am fairly confident that I'll see about 80% judging by what I've read in the regs and through the experiences of people on this site. I'll see an honorable discharge and get half sep pay (although I'd probably forego that if possible. I'd have to do a little more research.)

Any thoughts or recommendations based on experience is greatly appreciated. Thanks for everyone's help thus far!
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Hire Jason to review your case and see if there are options for you to persue.

That's my recommendation - and do this ASAP.

V/r,
nwlivewire
 
Thanks for the idea. I am definitely going to get all of my docuements in order and talk to the wife to see what she wants to do. Once I get everything in order and do a little more reading, I'll contact him as you suggested.

One thing I am tring to figure out now is whether or not to hire a civilian lawyer to take me through the Administrative Separation / Board process. Again, it will all depend on what the wife and I decide to do: get out or fight to stay in.
 
gimartin said:
Thanks for the help and advice. I have pretty much resigned myself to going ahead and getting out under a Chapter 18. I figure the medical stuff is well documented and even though this doc does not want to start the MEB, I'll submit everything the the VA and am convinced, after looking through this forum and applicable regs, that I will get in excess of 80% disability. The only thing is is that my wife would like to keep her ID card and exchange.commissary privileges. From what I read, with such a separation, you can continue to use the exchange and commissary for up to 2 years. We'll see though.

Thanks!
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If you make that decision be sure to go to the VA office on post and ask them to file a BDD claim. It must be filed as a completed claim and you must hand receipt your medical records over to them along with your DD 214's. I did this as a was going on 90 days terminal leave, Because they are controlling your case all of your C&P exams will be done in that area. I traveled back 7 hours each way twice to complete my exams.... On my discharge date everything had all ready been completed and all paperwork had already been filed. That was Sept 2013, my VA 100% PT Decision war received JAN 2014. The Benefits Delivery @ Discharge (BDD) was the way to go.... But it must be started and filed while your on active duty. Good Luck... :)
 
Good to know! I'll make sure to get a good copy of all of my medical records prior to discharge. I did do a little reading on the Benefits Delivery at Discharge and it looks like I'll have everything ready to drop that packet to them like you said. I'll have to work out the logistics of where I am going to do the C&P exams though. I am currently in California but plan on moving back to the Great State of Texas.
 
gimartin said:
Good to know! I'll make sure to get a good copy of all of my medical records prior to discharge. I did do a little reading on the Benefits Delivery at Discharge and it looks like I'll have everything ready to drop that packet to them like you said. I'll have to work out the logistics of where I am going to do the C&P exams though. I am currently in California but plan on moving back to the Great State of Texas.
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:cool: Like I said... You must file before you leave active duty.... Where ever you file is where you will do the C & P exams. You can not file in California and do your C & P exams in Texas... Don't even start thinking that way.... The office where you file will control your packet and will be retained there. This program works the way it is and got me a rating in less than 4 months. Plan for this... don't try to change it... :rolleyes: You will also be signing over your military medical records, not copies you have made. Copies still have to be verified.... your military medical records don't. Again You will sign over your military medical records... not copies :rolleyes:
 
Crystal clear! I am tentatively planning on going to TX for a week or so within that window that you mention in order to sign over my medical records to them. I do have some money saved up and will hopefully be gainfully emplyed soon after discharge, but a quick turn-around on the VA disability will ease the process significantly.

Thanks again for the advice.
 
gimartin said:
Crystal clear! I am tentatively planning on going to TX for a week or so within that window that you mention in order to sign over my medical records to them. I do have some money saved up and will hopefully be gainfully emplyed soon after discharge, but a quick turn-around on the VA disability will ease the process significantly.

Thanks again for the advice.
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No Problem Brother, Veterans need to stick together...
I personally will not support any candidate running for a local, state or national ticket
that does not support veterans in practice and deed..., not just the words that come out of their mouths !!! ;)
 
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