Facing honorable discharge, CDR says I do not qualify for PTSD plus leg problems medboard because...

SpcThatGuy

PEB Forum Regular Member
Registered Member
...of time in service (2 and a half years including basic and AIT) and not being deployed. Not to be explicit I was sexually assaulted in basic training, which caused the PTSD. Is this true, is there a deployment or time requirement for sexual assault PTSD?
How about the legs?
 

Guardguy11

Member
PEB Forum Veteran
Registered Member
There is no deployment or time requirement that I am aware of. You need to ensure that all of your issues and concerns are properly documented in your medical records before leaving the service. Since you are pending, I assume, an administrative discharge, you will not qualify for disability processing via the Disability Evaluation System (DES).

You might consult your JAG if you feel the reason you are being separated is because of the PTSD due to the sexual assault. If this is the case, they might be able to help you overturn the admin separation that way you can get medically separated via the DES. If you do this, you have the potential of getting a military disability pension or severance package & VA compensation. I can't comment on the legs without more information, but it will most likely fall into the same conversation as the PTSD.

Either way, the commander cannot stop you from filing a VA claim after you leave the service. The only thing he can potentially stop is you separating the service via the DES which would allow you to exit the service having already completed all of the steps of the VA process.
 

Ocean

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I am so sorry to hear about the difficulties you are having getting your MST case rectified. 1. Usually For the case to move forward you must make a MST report, a patient advocate or ombudsman can help with this....2. MST cases require a case review and treatment from qualified medical personnel. 3. Make sure you filed or file a MST case Now if not already done so. 4. Please get copies of all your medical records Now. 5. Again, report the issues (Now) to your patient advocate at your MTF and or ombudsman's. The Command you speak of, if not medical, Should Not be making a diagnosis or advising you on what treatment you will receive, especially medical issues that may require a med board. It is hard but do Not get back doored out as Admin Sep..
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
MST can cause PTSD. PTSD is covered by the VA, without respect to the cause, if verified during the C&P exam.
 

oddpedestrian

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Did the CDR get that recommendation from your provider or the sexual assault coordinator?
 

Lawyers Serving Warriors™

PEB Forum Regular Member
Registered Member
I wanted to let you know that NVLSP has assisted several service members in Dual Processing scenarios (ADSEP and Medboard). We would be happy for you to apply for NVLSP’s services. We are a non-profit and our services are always 100% free of charge. Apply at: https://nvlsp.secure.force.com/WhatWeDo/

To be eligible for Disability Evaluation System processing you need to be referred for a condition that makes you unable to perform the duties and responsibilities of your grade, rank, or rate. The referral can be made by your PCM or a specialty provider such as a mental health provider. If you are in mental health treatment for your PTSD, you could speak to your provider about referring you into IDES. Speaking to victims legal counsel (or the equivalent) to make a restricted or unrestricted report could also afford some protection in the separation process. Ultimately, a commander cannot stop/prevent DES processing. A referral must come from your medical provider.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top