A bar to reenlistment can't stop processing for a MEB or extended while in a MEB. Its getting to the MEB in time that's the issue. The bar actually provides you better resources, since once its in effect they have to extend you so you have time to overcome the issue. The bar likely won't be approved in time. My guess is this happened because you tried to reenlist and the commander said no, I don't want him to, so started the bar to document why. Reenlistments have to be signed off by a commander, but it doesn't have to be company level. I have had battalion commanders override a company commander's decision to not reenlist. The issue in my mind is if recommended for a MEB in 2013, why did it not happen?
Looking for Cases of Duty Related Conditions Declared non Duty Related
- Thread starter maparker
- Start date
-
- Tags
- va denials
Not sure.
Who initiates the MEB once it has been recommended by med-com in 2013? Now to be fair I did not attend drill, but was in contact with my unit. Was it something that I was suppose to do?, command?, State?
Second, if the National NGB sends state NGB a memo in 2009 of Surgeon Medical Opinion findings that says In Line of Duty (ILD) why the state line of duty investigation?
Command is telling IG that all of this can be completed once I am out of the guard. My issue is I would most likely still be in the guard had these medical issue not occurred while on active duty. What regulation, law, article states that a NG service member injured in the simplest terms so that I may provide it to all involved?
Who initiates the MEB once it has been recommended by med-com in 2013? Now to be fair I did not attend drill, but was in contact with my unit. Was it something that I was suppose to do?, command?, State?
Second, if the National NGB sends state NGB a memo in 2009 of Surgeon Medical Opinion findings that says In Line of Duty (ILD) why the state line of duty investigation?
Command is telling IG that all of this can be completed once I am out of the guard. My issue is I would most likely still be in the guard had these medical issue not occurred while on active duty. What regulation, law, article states that a NG service member injured in the simplest terms so that I may provide it to all involved?
AR 40-501 is the controlling reg for entrance to the MEB. Its pretty simply really, doc writes a profile with a 3 for at least one of the PUHLES with a no on any task.
VA comp is fine once you are out of the guard. Not sure how the debt and not showing up for drill is related to the injury. If they profiled you for not showing up to drill, they can't bar you for that. You can't bar someone unless there is a means to overcome the bar. That would be like the commander ordering you to not be broken anymore.
VA comp is fine once you are out of the guard. Not sure how the debt and not showing up for drill is related to the injury. If they profiled you for not showing up to drill, they can't bar you for that. You can't bar someone unless there is a means to overcome the bar. That would be like the commander ordering you to not be broken anymore.
Also see DODI 1332.18. You cannot have a MEB/PEB post separation. I suspect your command is confusing VA compensation with DoD disability processing. Did the 2013 recommendation cite AR 40-501 and list conditions that failed retention standards?
Mike
Mike
The BCMR is for correcting failures to properly following regulation, its not so people get to just ignore regulation and let them take care of it. The BCMR can direct a MEB, but that shouldn't not be considered a real option.
What needs to be made clear is why with you being injured in 2009?, and profiled since 2013, they still haven't started an MEB. The story seems to be because its not interfering with your ability to do your job. This is unfortunately the correct answer, not interfering with you job means you meet retention standards and shouldn't be sent to the MEB. If the story is incorrect, then what needs to be expressed is how it is interfering with your job, and hence you should be processed for a MEB instead of allowed to just end your service.
Two approaches I would recommend. Sit down with the commander, say I want to stay in the guard, I want to overcome these issues, let me extend 6 months to show I can be a good Soldier.
or
Sit down with the commander, say, look, I got these issues, they are leading into these other issues and ultimately why I can't be a good Soldier is because of my injuries. They're all related to my active duty time, I need to be processed for a MEB. Let me reenlist, send me to a fit for duty physical. If they find this stuff is making me unacceptable to be a Soldier, I'm out, but fairly compensated, you'd want the same. If they find I'm not unfit, then we can admin sep if I can't fix these other problems you have.
or
The third option, is accept that its not the injuries that are forcing you out, but its you not taking your reserve commitment seriously. VA will care and compensate you for problems stemming from your service, that's what they're there for.
or the fourth option is I don't understand the story very well and can safely be ignored. The story sounds a lot like a common narrative, "I'm injured! Give me retirement!" The reality is disability retirement/seperation is to address a specific problem, not being allowed to continue serving because of disability. The "I'm injured!" is why we have the VA. The story has to stay focused on the "Let me continue serving!" and they can't find other reasons to say you can't. Then the problem becomes the "Let me continue serving!" leads them to agree and never offer disability. This also creates a reality where some are compensated more for the exact same problem, which feels wrong, fairness suggests two people hurt by their service the same way should both be entitled to the same compensation. The military is not well known for being fair.
What needs to be made clear is why with you being injured in 2009?, and profiled since 2013, they still haven't started an MEB. The story seems to be because its not interfering with your ability to do your job. This is unfortunately the correct answer, not interfering with you job means you meet retention standards and shouldn't be sent to the MEB. If the story is incorrect, then what needs to be expressed is how it is interfering with your job, and hence you should be processed for a MEB instead of allowed to just end your service.
Two approaches I would recommend. Sit down with the commander, say I want to stay in the guard, I want to overcome these issues, let me extend 6 months to show I can be a good Soldier.
or
Sit down with the commander, say, look, I got these issues, they are leading into these other issues and ultimately why I can't be a good Soldier is because of my injuries. They're all related to my active duty time, I need to be processed for a MEB. Let me reenlist, send me to a fit for duty physical. If they find this stuff is making me unacceptable to be a Soldier, I'm out, but fairly compensated, you'd want the same. If they find I'm not unfit, then we can admin sep if I can't fix these other problems you have.
or
The third option, is accept that its not the injuries that are forcing you out, but its you not taking your reserve commitment seriously. VA will care and compensate you for problems stemming from your service, that's what they're there for.
or the fourth option is I don't understand the story very well and can safely be ignored. The story sounds a lot like a common narrative, "I'm injured! Give me retirement!" The reality is disability retirement/seperation is to address a specific problem, not being allowed to continue serving because of disability. The "I'm injured!" is why we have the VA. The story has to stay focused on the "Let me continue serving!" and they can't find other reasons to say you can't. Then the problem becomes the "Let me continue serving!" leads them to agree and never offer disability. This also creates a reality where some are compensated more for the exact same problem, which feels wrong, fairness suggests two people hurt by their service the same way should both be entitled to the same compensation. The military is not well known for being fair.
This is what I'm understanding from jdeveau:
1) He has paperwork referring him to an MEB. So there is of course a question of his fitness. It sounds like the MEB hasn't happened.
2) Given that fact, and the fact that you ETS in a matter of days, you need to use the open door process immediately with your Adjutant General and ask him/her to extend you until you can get some straight answers from your JAG about your particular situation. If you don't extend, then this becomes much more complicated. Please contact your TAG immediately. Call each of your commanders in the chain first, so that they don't whine about you breaking the chain of command. But tell them you want to talk to the TAG. Do not wait for them to get back to you, because I guarantee you, you will ETS before any of the subordinate commanders is able to figure out your situation. Extend first, then figure out everything else.
1) He has paperwork referring him to an MEB. So there is of course a question of his fitness. It sounds like the MEB hasn't happened.
2) Given that fact, and the fact that you ETS in a matter of days, you need to use the open door process immediately with your Adjutant General and ask him/her to extend you until you can get some straight answers from your JAG about your particular situation. If you don't extend, then this becomes much more complicated. Please contact your TAG immediately. Call each of your commanders in the chain first, so that they don't whine about you breaking the chain of command. But tell them you want to talk to the TAG. Do not wait for them to get back to you, because I guarantee you, you will ETS before any of the subordinate commanders is able to figure out your situation. Extend first, then figure out everything else.
I mentioned that to him in a private message. Hope he is able to get through and get his stuff taken care of.
Hello everyone i first off want to say i love this forum and the information it provides from personal experiences. i need advice or opinions
I am an E-4 with 6 years in. I got a MEB initiated on Feb 26th for my right ankle which i had surgery on last year October.
I have been diagnoses with PTSD by my phycologist. I am claiming an injury to my right hand(which i been on a permanent no push up profile for over a year now.
well here are my claims
*left ankle instability
*right hand osteoarthritis
*patellofemoral syndrome both knees
*PTSD(Anxiety and Depression) (deployment)
*adjustment disorder with disturbance of emotions
*pseudofoliiculitis barbae
*scar from surgery
*scrotum cellulitis(deployment)
*hemorrhoids
*joint wrist derangement
*folliculitis
*keloid scar
*bronchitis
*High cholesterol
First i just want to know if you think i will be found unfit for my ankle condition and then if just a guess at what i can be rated on out of what i have listed here.
-Feb 26th initiated
-Feb 27th contacted to do MEB paperwork
-Mar 23rd got a call that my MEB appointment with a PA is May 11th...
Any info helps me out a ton. thanks a lot in advance.
I am an E-4 with 6 years in. I got a MEB initiated on Feb 26th for my right ankle which i had surgery on last year October.
I have been diagnoses with PTSD by my phycologist. I am claiming an injury to my right hand(which i been on a permanent no push up profile for over a year now.
well here are my claims
*left ankle instability
*right hand osteoarthritis
*patellofemoral syndrome both knees
*PTSD(Anxiety and Depression) (deployment)
*adjustment disorder with disturbance of emotions
*pseudofoliiculitis barbae
*scar from surgery
*scrotum cellulitis(deployment)
*hemorrhoids
*joint wrist derangement
*folliculitis
*keloid scar
*bronchitis
*High cholesterol
First i just want to know if you think i will be found unfit for my ankle condition and then if just a guess at what i can be rated on out of what i have listed here.
-Feb 26th initiated
-Feb 27th contacted to do MEB paperwork
-Mar 23rd got a call that my MEB appointment with a PA is May 11th...
Any info helps me out a ton. thanks a lot in advance.
We would need to know severity of symptoms. I have many similar to what you have and am at 70% right now but am working on an increase. How bad is the ankle? It might.
Sorry so long to get back to you.
First, I won the fight to be re-enlisted for 6 months at a time. LOD's are finally being forwarded to NGB headquarters Virginia. TAG, Senator both brought in on this but our TAG was fired 2 days before my official letter to the Senator and TAG went out. Now they want me to come back to drill with my profile limitations and continue as nothing ever happened.
Second, am being told that VASRD does not apply to DOD separation ratings. Don't feel like this going to be done correctly. What can I do to make sure that this is done correctly?
Third, the Med Major that is now saying that I can return to duty was the one who had initially stated on my profile "soldier is unfit for full duty and requires MEB. Non radicular LBP that has failed to respond to adequate conservative treatment and necessitates significant limitation of physical activity".
Lastly, lost paperwork seems to be the issue, medical paperwork from the Mills clinic at Ft. Dix was transferred and the new owners have no record. They are not denying that an injury occurred in 2003 and re-injured in 2006 just no "diagnosis" to follow up with. "Pain is not a diagnosis" is what I am being told even though I have medical paperwork from a civilian MRI in 2005 showing I was diagnosed with spinal stenosis and bulging disks at L3-4 & L4-5.
First, I won the fight to be re-enlisted for 6 months at a time. LOD's are finally being forwarded to NGB headquarters Virginia. TAG, Senator both brought in on this but our TAG was fired 2 days before my official letter to the Senator and TAG went out. Now they want me to come back to drill with my profile limitations and continue as nothing ever happened.
Second, am being told that VASRD does not apply to DOD separation ratings. Don't feel like this going to be done correctly. What can I do to make sure that this is done correctly?
Third, the Med Major that is now saying that I can return to duty was the one who had initially stated on my profile "soldier is unfit for full duty and requires MEB. Non radicular LBP that has failed to respond to adequate conservative treatment and necessitates significant limitation of physical activity".
Lastly, lost paperwork seems to be the issue, medical paperwork from the Mills clinic at Ft. Dix was transferred and the new owners have no record. They are not denying that an injury occurred in 2003 and re-injured in 2006 just no "diagnosis" to follow up with. "Pain is not a diagnosis" is what I am being told even though I have medical paperwork from a civilian MRI in 2005 showing I was diagnosed with spinal stenosis and bulging disks at L3-4 & L4-5.
VASRD only applies if they want to follow the law. Title 10 U.S.C. chapter 61 specifies in multiple places that the disability rating is determined by following the schedule of rating disabilities established by the Department of Veteran Affairs at the time of discharge. There was old DODI instructions that said certain conditions were established under their rules, under the idea that a disability is different in the military than when a civilian. Due to the difficulty in taking the DoD to court, it took Congress intervention to get them to withdraw those instructions. Now the DoD makes it quite clear that the VA does the ratings so that everyone knows the VASRD applies. Only the coast guard is left to get screwy ratings since they don't fall under DoD.
Actually, DoD made an exception stating those in for less tha 6 months and academy students can continue to be adjudicated under the legacy DES where the PEB does the rating. Also, during TDRL review, the PEB usually does the rating. While they are still required to follow the VASRD, PEB often havE interpretations Thar lead to ratings lower than what the VA would give. I often recommend that those undergoing TDRL review to simultaneously request a relating by the VA as the Contempoary VA rating can be used to help refute a low balled PEB rating.
Mike
Mike
Mike,
I think I am going to have a strong case with the CA ARNG. Just received my non-duty related medical separation. I am 100% VA total and permanent. (PTSD) along with many other ratings. CA Guard has seem to deem me as adjustment disorder. I have over 24 years of total service, and my LOD is from the Air Force active that they are still trying to process. On top of that the Pysche that I spoke to twice, one in Feb and one in Nov, has by all means lied on documentation of what transpired in the interviews. Not sure what my next step is. I am still waiting on a CPT to do the formal investigation on my LOD's. But I am afraid that CPT Coleman in his limited mental ability will try to push me out faster then the LOD processing will take. Please help before I lose my rank over this Physician Assistant.
Sincerely
RZ
100% VA T&P
SSDI
Marines, Army, Air Force and Army National Guard total 24 years.
Thanks
I think I am going to have a strong case with the CA ARNG. Just received my non-duty related medical separation. I am 100% VA total and permanent. (PTSD) along with many other ratings. CA Guard has seem to deem me as adjustment disorder. I have over 24 years of total service, and my LOD is from the Air Force active that they are still trying to process. On top of that the Pysche that I spoke to twice, one in Feb and one in Nov, has by all means lied on documentation of what transpired in the interviews. Not sure what my next step is. I am still waiting on a CPT to do the formal investigation on my LOD's. But I am afraid that CPT Coleman in his limited mental ability will try to push me out faster then the LOD processing will take. Please help before I lose my rank over this Physician Assistant.
Sincerely
RZ
100% VA T&P
SSDI
Marines, Army, Air Force and Army National Guard total 24 years.
Thanks
Did you sign anything yet?
no, I just got in the mail on saturday what they are planning. I think tomorrow I will be paying a visit to a few friends and enemies. and most likely IG and JAG. My damn LOD has not even been through the process yet. Damn Coleman...
Mine wasn't either BUT... if you follow other threads, there was a change in August. Ft. Lewis can now look at the issue as duty related even if it is sent up as non duty related and the LOD is not complete... I got screwed over LITERALLY by 3 freaking days, but... in hindsight... it ended up saving my home. My last 10 months of GI Bill... well 12 since USC FINALLY sent back the money... and I just have to slowly repay the VA 65$ out of my compensation... I am able to stay afloat. Still dealing with depression but at least some headaches are working out. Next set of hurdles and to be a dick to the FOIA person so I can get my article 15 for social security... and my case. I am suing to get my case evaluated by PDA one way or another. That article 15 contains some HIPPA stuff because I literally had a mental break down after a night of coughing up blood and went AWOL the next day during AT to the ER... they tried charging me as AWOL the day prior too when I went to a scheduled eMRI/ Small Bowel Study. My intestines were bad so I dropped that crap off at the state surgeon's office and gave the commander a request for an MEB. If CPT Coleman dicks you around and forces you to sign... the PEB option is your best bet to buy you time and hopefully Ft. Lewis does the right thing. Keep us posted.
Retirement with no pay until 60, with a lod being denied., isn't fun.
update
now, board of corrections. ...
100% VA permanent
Yet lod was denied.
Good luck with the rest of you guys wiith your fight.
My battle for mil benefits was lost.
update
now, board of corrections. ...
100% VA permanent
Yet lod was denied.
Good luck with the rest of you guys wiith your fight.
My battle for mil benefits was lost.
Mine was lost with the National Guard. Trying a three prong attack... Media exposure at any and EVERY opportunity. I have a live interview tentatively scheduled on Monday regarding a UoP scandal, but I will be side barring them with my NGB case... a local paper is doing a story about my case... which is what ultimately had MSG Jaffe locked up for embezzlement, I am also going through ABCMR which went no where TWICE, and am suing in Federal Court. If I lose, the media will expose this whole mess and even that will be just fine. NGB is going down. Toxic, shit leadership will answer for ALL the wrong doings they are guilty of and I will not rest till it is done. My body may be attacking me from the inside but I will use all my knowledge and time to have these SOBs accountable. 40th ID pissed me off enough trying to boot out medically flagged soldiers for BOGUS reasons.
Dan, go to this website for free legal counsel - http://www.nvlsp.org/, they have a very good record with court cases against the federal government. They provide free legal council for veterans.
Raz, what does your VA rating for PTSD state, ie: combat related, service connected or nothing?
On e-benefits this is how it is shown through the VA,
posttraumatic stress disorder50%Service Connected
PTSD - Combat
03/27/2012
In 2008 PL 110-181 defined how the services were to rate following the VA rating schedule. In August 2014 DODI 1332.18 was revised and directs the service branches to follow the VARSD when determining how the DOD would rate military disabilities found to have happened in the line of duty. 1332 also states"3-f, Service members who are pending permanent or temporary disability retirement and who are eligible for a length of service retirement at the time of their disability evaluation may elect to be retired for disability or for length of service".
Raz, what does your VA rating for PTSD state, ie: combat related, service connected or nothing?
On e-benefits this is how it is shown through the VA,
posttraumatic stress disorder50%Service Connected
PTSD - Combat
03/27/2012
In 2008 PL 110-181 defined how the services were to rate following the VA rating schedule. In August 2014 DODI 1332.18 was revised and directs the service branches to follow the VARSD when determining how the DOD would rate military disabilities found to have happened in the line of duty. 1332 also states"3-f, Service members who are pending permanent or temporary disability retirement and who are eligible for a length of service retirement at the time of their disability evaluation may elect to be retired for disability or for length of service".