Me:
ADSD November 2005
EAOS October 2021
ABH cross rated to CTN
Made CTN1
4 years later promted back to CTN2
My experience thus far. I write this to my best ability right now. Completely stressed out, anxiety ridden and just making it day by day. I wanted to share this even though it stresses me out even more then I am. I will hopefully bring in my dates soon to create a clear time-line with my complete process.
I have had Chronic Irritable Bowel Syndrome - Diarrhea. Every day I spend a few hours on the toilet on and off with pain and significant urgency. I had been putting up with it while realizing the military and job working in the intelligence community was exacerbating my symptoms. I had gone from every other day to every day, multiple events a day and occasional light soiling due to not getting to a bathroom in time because the long drives, waits or bathroom distances. The primary cause is specific foods, anxiety/stress, certain smells (perfumes) and physical training.
Additionally I had un-diagnosed sleep apnea. That probably did not help my Major Depression Disorder and Generalize Anxiety Disorder. I had been going to the doctors regularly since 2012. One impatient for addiction treatment. Several outpatient for Addiction and Behavior Health. 2016 I started to decide that I could not continue my life the way it was or I would end up going through finally with suicide to end the daily pain and always fearful of anything or anyone. After Treatment and more treatment I decided that I could decouple and restart and not have so much on my plate in life. After talking with my Doctors it was agreed that my conditions make me clearly unfit and should have been Med Boarded sooner. I also saw doctors out and town for alternative care for my pain which Gastrointestinal Clinic wont help with. I got certified for cannabis by other doctors to help my pain and motility but I cannot use currently due to Active Duty drug testing.
July 2018:
In 2017; my CO talked to my behavior health case manage. I lost my clearance access due to mental health; reasonably with my permission the case manger disclosed what was going on and told the CO "I was lucky I even show up to work". At the same time for a separate issue probably related to my mental health I got reduced in rank and loss 1/2 pay x 2 for a UCMJ. Failure to obey an order 2 counts; I did not fight this because I was in the medical board process. Prior to the UCMJ I had already been out of work for over 345 appointments with 2-3 hours of driving per appointment since 2015 but manage to keep MP/EP evaluations and promote (My rate is easy to promote).
November:
During the process of the VA appointments it appeared loosely based on reading the NARSUM and pairing with ratings with an attorney that I am at 90-100 percent and 70 percent of it being mental health. My command NMA said I was a working patient out 30-40 hours a week.
January:
My Medical board IPEB came back with a finding of "fit". I quote "The member has a diagnosis of OSA, IBS, anxiety, depression based on medical documentation. Based on the evidence contained within the case file, specifically the medical notes that document adequate treatment of OSA with CPAP and a long standing history of IBS, depression, and anxiety that in spite of, the member has successfully served in rate and promoted. His inability to work in rate at this time is due to the loss of confidence by his command for violations of the UCMJ, not because of his diagnoses such that the Informal Board has determined that the member's condition does not preclude him from the reasonable performance of his duties. Therefore, the Board finds the member fit to continue naval service and that he is reasonably able to perform the duties of his ratings."
My PEBLO, Doctors, PEBLO and command were surprised by this finding. My PEBLO reached out and referred me to National Veterans Legal Services Program (NVLSP)nvlsp.org. NVLSP did and intake interview and accepted my case.
February:
The attorneys provided by NVLSP services filed an appeal and to have a formal hearing or findings over turned highlighting a new note from my Doctors which indicated restrictions for duty elaborating the LIMDU. Highlighting the command saying I have been a working patient. The request for a overturn or a formal hearing was denied. Simply in a few words stated "conduct" as why I was out of work.
March:
The attorneys pointed out that the FPEB by instruction does not have the authority to do a final denial of a hearing request and that it is only a recommendation to the Director Navy Counsel of Reviews Boards. SECNAV INSTRUCTION 1850.4E Subsection 4109. It happen to be that the DIRNCORB in 2015 delegated this authority for final denials to the PEB. The argument is that this was not what the SECNAVINST wanted to have delegated due to having a separate entity as a balance for formal hearing request. The attorneys placed an appeal to the DIRNCORB highlighting this as well as regardless of that fact there is more medical evidence suggesting unfitness. In addition my new evaluation March 2018 was submitted showing they will not recommend for advancement due to not observing me as I am out 3-4 days a week, that I am not out of work because the command does not "trust" me, that the command will not be returning my clearance access due to my mental health and a note from my Psychiatrist saying I am a risk to myself and any sensitive projects.
While the PEB did not afford me the proper appeal process and finalized the results; a message was sent out that I am fit for full duty and PSD changed by ACC code back to full duty. I am now late; very late on my return to duty screening which is normal AFTER all appeals had been exhausted as I understand it. The command is ordering it because it was ordered I am assuming by NAVPERS?
My Appeal the the DIRNCORB was March 30th and I am still waiting to hear back.
NVLSP and Attorneys have been amazing. Without them I would have probably took the ADSEP route which was hinted to me by my command already twice instead of fighting the process. I feel a lot better sharing all this instead of keeping it all deep inside and simmering.
ADSD November 2005
EAOS October 2021
ABH cross rated to CTN
Made CTN1
4 years later promted back to CTN2
My experience thus far. I write this to my best ability right now. Completely stressed out, anxiety ridden and just making it day by day. I wanted to share this even though it stresses me out even more then I am. I will hopefully bring in my dates soon to create a clear time-line with my complete process.
I have had Chronic Irritable Bowel Syndrome - Diarrhea. Every day I spend a few hours on the toilet on and off with pain and significant urgency. I had been putting up with it while realizing the military and job working in the intelligence community was exacerbating my symptoms. I had gone from every other day to every day, multiple events a day and occasional light soiling due to not getting to a bathroom in time because the long drives, waits or bathroom distances. The primary cause is specific foods, anxiety/stress, certain smells (perfumes) and physical training.
Additionally I had un-diagnosed sleep apnea. That probably did not help my Major Depression Disorder and Generalize Anxiety Disorder. I had been going to the doctors regularly since 2012. One impatient for addiction treatment. Several outpatient for Addiction and Behavior Health. 2016 I started to decide that I could not continue my life the way it was or I would end up going through finally with suicide to end the daily pain and always fearful of anything or anyone. After Treatment and more treatment I decided that I could decouple and restart and not have so much on my plate in life. After talking with my Doctors it was agreed that my conditions make me clearly unfit and should have been Med Boarded sooner. I also saw doctors out and town for alternative care for my pain which Gastrointestinal Clinic wont help with. I got certified for cannabis by other doctors to help my pain and motility but I cannot use currently due to Active Duty drug testing.
July 2018:
In 2017; my CO talked to my behavior health case manage. I lost my clearance access due to mental health; reasonably with my permission the case manger disclosed what was going on and told the CO "I was lucky I even show up to work". At the same time for a separate issue probably related to my mental health I got reduced in rank and loss 1/2 pay x 2 for a UCMJ. Failure to obey an order 2 counts; I did not fight this because I was in the medical board process. Prior to the UCMJ I had already been out of work for over 345 appointments with 2-3 hours of driving per appointment since 2015 but manage to keep MP/EP evaluations and promote (My rate is easy to promote).
November:
During the process of the VA appointments it appeared loosely based on reading the NARSUM and pairing with ratings with an attorney that I am at 90-100 percent and 70 percent of it being mental health. My command NMA said I was a working patient out 30-40 hours a week.
January:
My Medical board IPEB came back with a finding of "fit". I quote "The member has a diagnosis of OSA, IBS, anxiety, depression based on medical documentation. Based on the evidence contained within the case file, specifically the medical notes that document adequate treatment of OSA with CPAP and a long standing history of IBS, depression, and anxiety that in spite of, the member has successfully served in rate and promoted. His inability to work in rate at this time is due to the loss of confidence by his command for violations of the UCMJ, not because of his diagnoses such that the Informal Board has determined that the member's condition does not preclude him from the reasonable performance of his duties. Therefore, the Board finds the member fit to continue naval service and that he is reasonably able to perform the duties of his ratings."
My PEBLO, Doctors, PEBLO and command were surprised by this finding. My PEBLO reached out and referred me to National Veterans Legal Services Program (NVLSP)nvlsp.org. NVLSP did and intake interview and accepted my case.
February:
The attorneys provided by NVLSP services filed an appeal and to have a formal hearing or findings over turned highlighting a new note from my Doctors which indicated restrictions for duty elaborating the LIMDU. Highlighting the command saying I have been a working patient. The request for a overturn or a formal hearing was denied. Simply in a few words stated "conduct" as why I was out of work.
March:
The attorneys pointed out that the FPEB by instruction does not have the authority to do a final denial of a hearing request and that it is only a recommendation to the Director Navy Counsel of Reviews Boards. SECNAV INSTRUCTION 1850.4E Subsection 4109. It happen to be that the DIRNCORB in 2015 delegated this authority for final denials to the PEB. The argument is that this was not what the SECNAVINST wanted to have delegated due to having a separate entity as a balance for formal hearing request. The attorneys placed an appeal to the DIRNCORB highlighting this as well as regardless of that fact there is more medical evidence suggesting unfitness. In addition my new evaluation March 2018 was submitted showing they will not recommend for advancement due to not observing me as I am out 3-4 days a week, that I am not out of work because the command does not "trust" me, that the command will not be returning my clearance access due to my mental health and a note from my Psychiatrist saying I am a risk to myself and any sensitive projects.
While the PEB did not afford me the proper appeal process and finalized the results; a message was sent out that I am fit for full duty and PSD changed by ACC code back to full duty. I am now late; very late on my return to duty screening which is normal AFTER all appeals had been exhausted as I understand it. The command is ordering it because it was ordered I am assuming by NAVPERS?
My Appeal the the DIRNCORB was March 30th and I am still waiting to hear back.
NVLSP and Attorneys have been amazing. Without them I would have probably took the ADSEP route which was hinted to me by my command already twice instead of fighting the process. I feel a lot better sharing all this instead of keeping it all deep inside and simmering.
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