Don't know what to do next. I will see legal tomorrow but any help is appreciated.

aarontippett

PEB Forum Regular Member
Registered Member
I have been in the Army for almost 19 years a d am an E8. I have had multiple injuries and medical issues in my career, but they have never held me back. That is, until my unit removed my from my 1sg position and told me to "heal up". They then madde it their mission, through the unit PA and medical officer to get me into the MEB. It took two attempts but they finally succeeded. I have had 6 surgeries and many procedures due to my jump injury and have held several high profile and demanding duty positions since then while injured. Both of my MEB submissions have come while I was only 3 to 6 weeks post-op and before all scheduled surteries and treatments were completed. My PCM is the worst I have ever encountered, only does what the unit needs and tells him too, and has had minimal interaction with my case for more than a year. My unit has black-balled and degraded my position and character, the medical/IDES system have labeled me as a non-compliant malingerer, and the MEB/IDES system has abused me and made my life a living hell since DEC 2014. Every time I try to be an advocate for myself, or use the chain of command and medical system in order to get the IDES system to be reasonable, they have only held me down further or made life and recovery more difficult for me. I feel as though there is nothing I can do and it is evident, to myself and many other professionals and personnel that this system is not on my side and is out to see that I leav my honorable career as quickly and with as little compensation as possible.
I just received my NARSUM and it is atrocious. It paints me as a "non-compliant" malingerer who "seeks out surgeries and tries to skirt or circumvent the medical system for my own gain". It has admin errors, including mis-spelling my name. It is mising diagnoses and has things added that should not be. There are many stated opinions of the writer present and they changed my origional profile and DA form to incude a second condition that was not origionally listed. I was alsoadvisecd, poorly, by many along the way in the IDES system on "what I should do or say if I want to stay in or get out". This was to include the VA MSC and shrink telling me that if I declined the mental health exam that the MEB could not list anxiety, depression, or PTSD onthe DA form. The NARSUM and DA form include PTSD and recommend that I be placed in a "protective environment" due to my PTSD and that I "may not be able to Soldier any longer", even though the treatment I seek is voluntary and the meds I am on have never affected my performance. I have deployed twice with this diagnosis and have had it for years. It is evident that the MEB is out to get me, if only in some small way. I have made complaints at very high levels in attempt to get people to do the right things but have only been met with confrontation and personal/medical attacks at every turn. I have been medically cleared by my occupational therapist and both of my surgeons for the referred conditions. This essentially makes them no longer conditions IAW AR 40-501. The MEB physician did an amazing job at "cherry picking" the choicest patient encounter notes, medical snippets and historical digital data to support her opinion, my PA, the MEB, and the Division. I feel as though there is nothing that I can do as I have been told by the PEBLO that no matter what I do, my packet "will go to the PEB". Many medical professionals have asked why the MEB is so set on puting me through this and wasting their time when there are more pressing cases to be completed. To this I can only assume that it's because I am fighting or have made certain medical personnel angry. This process and the personnel running it are tyrants only driven by "timelines, numbers, the draw-down, cutbacks, and senior base leadership pressure". They have also exceeded and padded their own timeline but only when it has suited them and at my expense. I have not prolonged or tried to hinder this process, but they themselves have. I see legal tomorrow, but they are two weeks behind and I don't think anyone else can help me. I understand the remainder of this process I regrds to IMR and appeals, but have been told that they will not help no matter what I do. Any advice you can provide is greatly appreciated. Thanks.
 
Really at this point you need to focus on delaying strategies. Getting to 20 years is key. At a certain level you need to ignore desired outcomes and ensure you are eligible for CRDP.

In a small way, its reassuring that even a 1sg gets torn apart in by this process. If it sucks, but there is the small comfort that at least it doesn't discriminate in its hate.

The NARSUM will often reflect the bias of military docs. IMR often won't help, but do it anyway, but a rebuttal can help. Consider non-medical evidence. Even if command is against you, there is bound to be someone you work with that can write a statement to accurately describe your performance. The C&P exams should be mostly impartial though, if those are jacked it can be more difficult to fix.

I erased some statements regarding the wisdom of fighting this. I just encourage you to be honest in your self assements. Some who fight the MEB hide information needed for a fair rating but can't hide the information that leads to a unfit finding.
 
I was an E7/NCOIC of Surgery in the AF and treated just as bad as all the rest. Fortunately I had my 2 yrs AD in. They were leaning on me to retire and I had no intentions of doing that, but it was obvious that I was not going to get to stay in. YOU NEED TO GET TO THE 20YRS MARK, I already believe you know that. I don't know how many months you need to go but appeal to the formal board, add more to the claim, do whatever it takes. I seem to remember, someone correct me if I'm wrong, that they need to wait one year after a surgery to MEB. Yes it sucks to be MEB'd when you don't want to go but they will get their way.
 
You reach maximum medical benefit, and normally that means a year. It can be less if the docs say this is as good as it gets. Its a good point to argue that the MEB is still not ready until PT signs off. It sounds like he already did something to that effect at least once. 6 weeks after surgery to start a MEB is insane, there is no way to judge long term fitness that quickly.
 
It sucks plain and simple, I am an O3E over 18 and despite a flawless record I am too being treated as if I simply woke up one day, with over 16 years and less than ten pages of medical documents worth of history, and decided I wanted to be a hypochondriac accumulating over 500 pages of medical records in the past two years... The Army sucks, it doesn't care about you, or me, it is simply the big green machine that will chew each of us up and spit each of us out as the Big green machine (Army) goes rolling along...
 
Do everything you can 1SG, to reach 20. Submit a NARSUM rebuttal, a PEB appeal, a VA Rating Review... Call your congressman if you have to, just make it to 20 and you will likely double your money vs 19 years and below...
 
Thanks so much everyone. I have initiated a congressional and legal has put my mind more at ease. Legal told me that this is the worst NARSUM that they have ever seen and that it was in fact word twisting, misconstrued, patient encounter cherry picked and written by emotion and opinion. Let the delaying begin. I won't quit fighting until legal advises me that it's time to "shift gears" towards unfit and claim everything. I have over 50 letters of support ranging from PVT to General saying that I am the best they have ever encountered and worked with and that the Army would be stupid to let me go and that my leadership breed is a dying one that can't be replaced. Two years ago I was the chief instructor of the air assault school....now I am just a POS. I have begged for another PCM and for help all the way up the chain, in writing, to my DIV surgeon. I have involved patient advocacy, IG, WTB and the ombudsman...all of which appear to work only for each other and the "machine" as opposed to for the Soldiers. I also have been advised by legal, now that I am almost done healing, to get a trial period profile which allows me to shoot, move, communicate, carry a combat load, wear my gear for 12 hours, and take an apft with the alternate event in order to prove that I can and have always been abe to do my job no matter what. They have no idea what I have powered through, but my well documented, regulation supprting, line by line professionally written statement of views and line by line NARSUM rebuttal a d letters of support will spell it out. There's also a 31 year CSM, that I would go to the gates of hell for, who is getting raped by the same process right along side me. He also would like to talk to my congressional rep....lol. I needed an enemy to go to war with anyhow? It's been too long. I will keep you guys posted if you're interested.
 
P.S. - I actually hit 19 years this coming july and don't think I can drag it out until the 20 year mark, but legal is going to help me do that.
 
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