Chapter 5-17? or Fight For MEB?

D

Dom98

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Registered Member
Since December I was under the impression that I was undergoing the MEB process, haven't heard from anyone in a while until I started making calls to see what is going on. Finally got call back informing me that I am no longer undergoing that process and that I did not meet the requirements. I have had repeated rhabdomyolysis cases immediately following physical training, 3 different time within 4 month time period, causing me to miss deployment. They are saying my CK levels in blood test weren't high enough, the levels that indicate broken down muscle material in bloodstream, but When I urinated it was the entire time just peeing blood, not just a little bit. My leadership is saying that I can look into chapter 5-17 but that that might not even be an option. What are the differences between ch 5-17 and MEB? Should I fight for MEB still or is it not worth it and go for ch 5-17 instead? I got a hold of a patient advocate and they had me make another appointment to ask more questions but I am thinking I will probably get told the same BS that I heard over the phone. I have undergone different tests to determine the cause of these episodes such as testing for sickle cell or muscle disease, but everything came back negative so they don't know what is wrong with me. I just want to make sure I am not getting screwed over by allowing the Army to try and pass up the blame for this, trying to say it is the result of some "preexisting" condition or that it isn't serious enough.
 
How long have you been in the military?

First thing they need to do is figure out what is wrong with you and get you a good diagnoses before they start the MEB or Ch 5-17.

A MEB is going to be a better option. What happens sometimes is your unit doesn't want to deal with people having medical conditions and they try separate them administratively/Existed Prior to service (EPTS) because it is easier and faster for them. It becomes much more difficult to get treatment and benefits if you don't go through the MEB. The MEB has several appeals built into the system and the official timeline goal is suppose to be 100 days. If you get out and file for VA and then end up appealing to the Board of Veterans Appeals then that step has a wait time of between 18 and 24 months.
 
I highly doubt OTSG is going to approve a 5-17 for rhabdo. Have you spoken with your local IDES?
 
Josh C said:
How long have you been in the military?

First thing they need to do is figure out what is wrong with you and get you a good diagnoses before they start the MEB or Ch 5-17.

A MEB is going to be a better option. What happens sometimes is your unit doesn't want to deal with people having medical conditions and they try separate them administratively/Existed Prior to service (EPTS) because it is easier and faster for them. It becomes much more difficult to get treatment and benefits if you don't go through the MEB. The MEB has several appeals built into the system and the official timeline goal is suppose to be 100 days. If you get out and file for VA and then end up appealing to the Board of Veterans Appeals then that step has a wait time of between 18 and 24 months.
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I have been in for a year and a half. After being informed that I am not getting medically discharged, they told me nothing else. Nothing about any followups or continued tests to see what is going on, that is why I keep calling trying to schedule appointment to talk to anyone to see about going to a specialist or something to figure out the issue. I have an appointment next Wednesday but I feel they will give me the same spiel about not meeting medical discharge requirements
 
Office of the Surgeon General (OTSG)
 
OTSG is the approval authority for Ch 5-17 separation, and the burden of proof is on the command to demonstrate that the condition does not otherwise require DES evaluation. Although not required, I typically refer cases to DES first if there is any question, and once DES determines Soldier meets the medical retention standard IAW AR 40-501 (meaning the Soldier is returned to duty at the MEB phase), then we discuss 5-17 if appropriate. Also, 5-17 is a voluntary separation to my knowledge. Additionally, I don't see how rhabdomyolosis could possibly be justified as an EPTS diagnosis considering that the number one risk factor is strenuous exercise (at least for exertional rhabdo). But we are talking about different nuances of separation/medical disability. My recommendation would be to reach out to your local IDES just to get more information informally. Definitely read up on AR 40-501 Ch 3-26 (b) (p. 21), which is the regulation pertaining to rhabdomyolysis.

b. Exertional rhabdomyolysis. The diagnosis of exertional rhabdomyolysis, defined as severe exercise-induced muscle pain resulting from repetitive exercise with an elevation of serum creatine kinase generally at least five times the upper limit of the lab normal range or urine myoglobin, will be referred to DES for the following:
(1) The Soldier has recurrent episodes of exertional rhabdomyolysis.
(2) The Soldier has a single episode with severe systemic complications (for example, compartment syndrome).
(3) The Soldier has a single episode which results in physical complications that meets the definition of a disqualifying medical condition or physical defect as in paragraph 3–1.
(4) Soldiers with any of the following symptoms 2 weeks after experiencing an episode of exertional rhabdomyolysis should be referred to the appropriate specialist for consideration of referral to DES:
(a) Persistent residual kidney injury.
(b) Persistent elevation of serum creatine kinase five times the upper limit of the lab normal range or delayed clinical recovery.
(c) A history of sickle cell trait.
(5) The Uniformed Services University Consortium for Health and Military Performance (CHAMP) (online at Uniformed Services University) is available via email to assist in clinical consultation at [email protected]. In addition, a Clinical Practice Guideline in the Management of Exertional Rhabdomyolysis in Soldiers is available at Uniformed Services University.
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I hope this helps, reach out if you have any specific questions.
 
Oh, didn't see your other question. Just google IDES (integrated disability evaluation system) office at your local installation. There should be a contact number. If you tell me which post you're at I can provide the number.
 
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