Long story, E8, 19 years total, 16 cumulative active (10 years active duty, 6 years active guard, 2 years regular NG) multiple TBI's from deployments (purple heart from being hit twice with RPG's within a 2-hour period a few years ago), and training events (over 30 total) as well as plenty of other "normal" neck, back, knee injuries from jumps, etc. I returned from my last deployment in 2020 and was placed directly in treatment at the TBI clinic at Ft Carson after suffering back-to-back concussive events downrange and having weekly (2-3 times a week) migraines as well severe visual, verbal, and balance/cognitive issues. I entered the SRU in January 2021 and started the MEB process at the end of March.
Only migraines were deemed as not meeting retention in my NARSUM. I have them, but my job is to shoot, move and communicate (15 of my years have been in SOF). I had a command letter (DA 7652) submitted from the SRU that was a clear cop-out and stated under Section 3 G as to if my conditions affect my MOS, and I quote: "SM is a Soldier in Recovery. Performance of Solder (yes the commander could not spell Soldier) and MOS specific activities are not observed". Essentially saying that I make my appointments so I must be fine!
Within my NARSUM the Dr's referred back to this command letter multiple times as to how my conditions do not affect my job. My legal counsel, SOCOM Care Coalition and all of the Dr's I have seen at the TBI clinic and the nurse case manager at the SRU disagreed with the findings and had me gather witness statements clearly stating that the TBI, PTSD, and residuals in total keep me from doing my job. I also submitted a new command letter highlighting how the TBI and residuals make me a danger to myself and other soldiers if they come on at the wrong time (vison keeping me from acquiring my optics, memory for conducting JMPI for airborne operations, etc). The migraines keep me from missing a few days of work a month so I agree they should also be found unfitting, but the TBI stuff really affects my day-to-day.
Currently, I am in the NARSUM Rebuttal phase and just had it returned today with no changes (still only finding migraines as unfit for duty). After submitting a new Command letter and witness statements from a neurologist, TBI Occupational therapy, and BH specialists. The findings only slightly referred to all the supplemental witness statements and left out the new command letter altogether.
I did receive a preliminary VA finding stating that I would be receiving 100% but not an informal 199 with the exact percentages.
At the end of the day, myself, my command, and all the caregivers I've actually encountered believe that yes, the migraines are keeping me from doing my job, but more so the TBI and residuals and that they should be checked as Not Meet Retention. I am waiting to hear back from my assigned legal counsel, but I am wondering if I should continue to push for that these to be reconsidered, or if the VA findings should outweigh this. I am under the impression that the prostrating migraines 2-3 times a week documented should get me over the 30%, but I'm trying to look out for myself. Thank you for any advice!!
-rodge234
Only migraines were deemed as not meeting retention in my NARSUM. I have them, but my job is to shoot, move and communicate (15 of my years have been in SOF). I had a command letter (DA 7652) submitted from the SRU that was a clear cop-out and stated under Section 3 G as to if my conditions affect my MOS, and I quote: "SM is a Soldier in Recovery. Performance of Solder (yes the commander could not spell Soldier) and MOS specific activities are not observed". Essentially saying that I make my appointments so I must be fine!
Within my NARSUM the Dr's referred back to this command letter multiple times as to how my conditions do not affect my job. My legal counsel, SOCOM Care Coalition and all of the Dr's I have seen at the TBI clinic and the nurse case manager at the SRU disagreed with the findings and had me gather witness statements clearly stating that the TBI, PTSD, and residuals in total keep me from doing my job. I also submitted a new command letter highlighting how the TBI and residuals make me a danger to myself and other soldiers if they come on at the wrong time (vison keeping me from acquiring my optics, memory for conducting JMPI for airborne operations, etc). The migraines keep me from missing a few days of work a month so I agree they should also be found unfitting, but the TBI stuff really affects my day-to-day.
Currently, I am in the NARSUM Rebuttal phase and just had it returned today with no changes (still only finding migraines as unfit for duty). After submitting a new Command letter and witness statements from a neurologist, TBI Occupational therapy, and BH specialists. The findings only slightly referred to all the supplemental witness statements and left out the new command letter altogether.
I did receive a preliminary VA finding stating that I would be receiving 100% but not an informal 199 with the exact percentages.
At the end of the day, myself, my command, and all the caregivers I've actually encountered believe that yes, the migraines are keeping me from doing my job, but more so the TBI and residuals and that they should be checked as Not Meet Retention. I am waiting to hear back from my assigned legal counsel, but I am wondering if I should continue to push for that these to be reconsidered, or if the VA findings should outweigh this. I am under the impression that the prostrating migraines 2-3 times a week documented should get me over the 30%, but I'm trying to look out for myself. Thank you for any advice!!
-rodge234
