Denied MEB and need HELP.

mfjasong

Well-Known Member
Registered Member
I was recently denied a MEB. The reviewing doctor denied me based off of psychological testing that indicated possible Malingering. I fall below AR 40-501 standards for chronic migraines. I still have them and am still being treated. I'm unable to get assistance from trial defense services at this time. Now my command team is attempting to chapter 13 me out for Unsatisfactory Performance. I have no event oriented counselings indicating unsatisfactory performance. I do want out but really feel like I'm getting screwed over here big time.
 
Sounds like the system is aligned against you. That said, you may want to consider getting a second psychological exam from an outside (non-military) physician. You may also want to talk to a civilian attorney that is well versed in military law, Jason Perry, the founder of this site comes to mind.

IF you are able to get a second opinion from an outside physician that bolsters the legitimacy of your medical issue, along with an attorney who knows how to navigate the system, you may have a chance to turn things around.

The downside of that is it will cost you... another avenue that might help is to file an IG complaint and/or contact your Congressman. IG and/or Congress looking into the situation may be enough to get the unit and medical to take a moment of pause to consider the legality and fairness of pushing you out with a Ch 13 discharge.

Hope this helps...
 
Ask for a second opinion. The medical community is obliged to allow a second opinion.
 
Unless they are ready to accuse you of outright lying and malingering, you should not be denied for a "possible anything". Talk to the patient advocate and possibly the Director of Psychologist Health. At a minimum, you deserve a new evaluation or a firm decision on their part as to malingering (which you can then fight). There are a lot of reasons to have invalid testing, or even exaggerated testing, and malingering is only one of the reasons. There should be other behavioral signs and issues that warrant the suspicion of malingering. Best of luck Bob
 
So my understanding is these test are made so easy that does so bad has to try to do that bad. Are these the same test you speak of? Also why would they make you take this for migraine.
 
I also came back fit, but I appeal and came back unfit. Don't give in fight brother.
 
So my understanding is these test are made so easy that does so bad has to try to do that bad. Are these the same test you speak of? Also why would they make you take this for migraine.
It is not unusual for a psychological exam involving any time of pain to include measures of effort. There are certainly psychological issues that factor into migraine severity, but this does NOT make them any less real. Many illnesses also have psychological components that affect how a person experiences pain or other symptoms. The key point is, they shouldn't assume you are lying or exaggerating without significant corroborating evidence. It is not unusual for patients to overreport if they feel like they haven't been listened to, if the pain has being going on for a long time, or sometimes it is a real reflection. My pain scale 5 is unlikely to match your 5. Continue to work to get them to focus on your migraines - if you aren't keeping a log, you need to start. Best of luck

Bob
 
I had trouble with a BH clinic giving me the shaft regarding treatment... I was so upset that I emailed the patient advocate and hospital commander explaining that the clinic was destroying my career, family and possibly my life. There was immediate action and my care was great from then on out.
If there is no counseling regarding your performance than your command will have a tough case. Don't give them cause to start a stack of counseling though.
Your psych testing - computer test wise, if that's what they did - only indicates how you answered the questions at that few hour session. Insist to do it again and answer the questions quickly and honestly - there's built-in mechanisms to determine if you are lying on it. If you think too much you might start contradicting yourself.
 
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