I’m kind of starting to freak out. I’ve been in the military now for almost 7 years. I never had any issues until I had some stressful situations pop up at work last year and got help. I PCSd in the middle of treatment after having meds shoved down my throat which gave me insomnia and kind of made me feel much worse since starting meds. I’ve been going to therapy for several months after being switched between 4 different providers who were all eventually leaving and didn’t want to start any therapy they couldn’t finish. I’m currently seeking treatment for something unrelated to why I came in in the first place since I’m finally with a provider who isn’t leaving after a year of being in the system. wanted help for SA and DV I experienced before going into the military. After all this time no one removed my profile even though I consider my condition to have stabilized. I’m not trying to claim that my trauma symptoms from SA/DV are service connected but they just told me because I’ve been in the system so long they have to put me up for medboard. Im honestly not trying to get disability and don’t really think I have anything warranting a rating. My provider concurred only because he knows that I wanted to get out anyway and he thought it would be more beneficial for me as far as disability. My main concerns were the unknowns and the length of this process and the impact this could have in my clearance or discharge characterization but now I have more problems… it was recommended to me that I pull my TOL records incase something was missed. I read the records and am seeing now that as I child I was diagnosed with ADHD, Autism and Asperger’s and a learning disability in math. I honestly had no idea because I’ve lived a pretty normal life. The only way they could know is because my dad was in the military and I was treated through the military. I always had to be flexible and never took any meds before being in the military and I’ve always had a solid social life and did really well in college and have plenty of achievements in the military to show how well I’ve performed. I’ve always promoted on my first try and never really screwed up or got into any trouble either.. This was no where to be seen in MHS Genesis so it just never came up. When I asked my mom if I had any disqualifying conditions or anything like that she said I was fine and never formally diagnosed or tested but the TOL records suggest I was. How should I handle this?? Should I fight the MEB even though I want to get out in a year? Will they try to claim I fraudulently enlisted? Will they claim my anxiety symptoms from work are because of those conditions? What can I do ?
Please help
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Pull all your records yourself and build your case ensuring it honestly presents correctly. Do not let them build it for you. If you have been active duty for all those 7 yrs+, push/delay to 8 yrs. Hitting the 8 yr mark changes how Pre-Existing conditions are treated/perceived. 10 USC 1207a
I’ve been active duty all this time. When you say build the case myself do you mean collect records that suggest I wasn’t properly diagnosed or ??
Most people just let this process happen to them vs taking an active role in reaching their desired outcome.
Put a packet together showing what you say is true including medical docs, any related historical docs, personal statements, and any doctor statements that could help validate your statements. Show a clear timeline of events. Seek legal help from Jag or private lawyers. Tell them of your desired outcome. Learn everything you can about this process and stay ahead of it.
Your post mentions many details and history. If you stay ahead of the process and in control knowing ever piece is in place and being handled correctly, that stress diminishes greatly.
I don't have any useful info to add regarding the process, because I'm new to it myself. But I wanted to commend you on addressing and recovering from the SA/DV. As a DV survivor myself (and facing a MEB for it...) I understand how difficult the recovery is and your progress is really inspiring! I just want you to know that. 
And just to clarify, all my statements were regarding the MEB/PEB process itself and not about SA/DV or any specific medical conditions. My hope is to help everyone find confidence in their ability to navigate this complicated process regardless of the reasons for being placed here. Sorry to you and anyone who has gone through SA/DV. No one deserves that and it breaks my heart to hear it.I don't have any useful info to add regarding the process, because I'm new to it myself. But I wanted to commend you on addressing and recovering from the SA/DV. As a DV survivor myself (and facing a MEB for it...) I understand how difficult the recovery is and your progress is really inspiring! I just want you to know that.
My suggestion is download all DoD and your service guidance on the MEB/PEB process. Understand the process before you attempt to influence the process. Everything that happened while you are AD is Service Connected except 1) injury from misconduct (which you have none) or 2) Existed Prior to Service (I'm assuming the SA/DV occurred while AD). Be informed!
Make sure you delay to hit 8 years which has been said by others. There isn't a downside to going the MEB route. If you are in for 8 years and they separate you medically you will get a severance check or medical retirement with tricare for life. The tricare is the best benefit!
If referred into IDES you need to read up on everything to learn the process. Utilize this board. As for past medical issues there shouldn't be any problems especially if you didn't omit anything intentionally or if health issue arise while serving whether SA/DV. It all counts as part of serving if you reach the 8 year mark or happened after you got in.
I always advocate for people to hire a private IDES attorney if they get put into IDES. It gives you the best chance if you hire one from the start. They are pricey though so not everyone can or wants to spend the money on it.
In the meantime once you are referred to IDES you will be in contact with a PEBLO which is the paper pusher the processes everything. The VA MSC. They help you fill out all VA claims regardless if they are referred as possibly unfit or not. You will also have a briefing with legal. You have access to JAG. They are very busy but a lot of your questions would best be answered by them if you don't hire private representation.
To medically retire due to mental health, even if over 8 years TIS, OP would need a potentially "Unfitting" diagnosis (some examples are PTSD, Other Specified Trauma and Stressor-Related Disorder, MDD, GAD, Chronic Adjustment Disorder).
Be advised about the "8-year rule", as it stands there is no medical retirement for Neurodevelopmental Disorders (ADHD, Autism, Down's, FAS, Learning Disabilities, etc.) or Personality Disorders by themselves, even if the servicemember surpassed 8 years TIS. Those conditions, by themselves, if retention is not recommended, are dealt with by the admin sep process as "Unsuiting" (even if implicated at 14+ years TIS), not the DES (DES requires potentially "Unfitting" conditions), though generally upon reaching 6 years TIS the servicemember becomes eligible for an admin sep board to contest an "Unsuiting" mental health admin sep recommendation.
(Disclaimer: Has anyone slipped past all the rules and medically retired due to a "service-connected" Personality Disorder diagnosis when it was supposed to be dealt with as "Unsuiting"? Yes. But these people got extremely lucky. In all U.S. military history the total amount of people that have slipped past all the rules this way is probably in the low double digits. The branches keep access to the DES and medical retirement locked down tight nowadays. Do not count on any lucky accidents like that happening anymore.)
Although 10 USC §1207a (the "8-year rule" law) reads like it's supposed to convert an "Unsuiting" pre-existing mental health condition not amounting to a disability, like Autism, into an "Unfitting" disability eligible for the DES and medical retirement and all that good stuff given 8 years TIS... be advised that in reality 10 USC §1207a does not work for Neurodevelopmental Disorders and Personality Disorders, though it is wishful thinking.
The only "Unsuiting" mental health condition that can convert into a potentially "Unfitting" condition is Adjustment Disorder, if the disturbance lasts at least 6 months in service it is considered no longer "Acute"(Unsuiting) but a "Chronic"(potentially Unfitting) Adjustment Disorder eligible for referral to the DES. This is independent from 10 USC §1207a. (Anyone who was admin sep'd for Adjustment Disorder but met "Chronic" criteria in service should file a BCMR/BCNR request for retroactive medical retirement, as they should have been referred to the DES.)
By all means, DoD Instruction 1332.18, Disability Evaluation System, Section 1, Policy Paragraph "l."(lima) is written (and has been explicitly rewritten under "Incorporating Change 1, Effective May 17, 2018" when this paragraph was Policy Paragraph "i."[india]) to the effect that a servicemember with both Unsuiting and potentially Unfitting conditions is absolutely eligible for referral to the DES due to the potentially Unfitting conditions.
However, people in the services (commanders, medical, Pre-DES, and DES) often like to pull a fast one by trying to make the Unsuiting condition derail the potentially Unfitting condition, even when over 8 years TIS. Watch out for this. Though MEB request paperwork can make mere mention of Unsuiting conditions, it is not supposed to be referred for the Unsuiting conditions or else it'll be shot down and the servicemember can find themselves on the streets on admin sep! Potentially Unfitting conditions (i.e. PTSD, Other Specified Trauma and Stressor-Related Disorder, MDD, GAD, Chronic Adjustment Disorder, Schizophrenia, Bipolar, etc., and of course the myriad of physical conditions) must always be the the driving factor of an MEB request even when over 8 years TIS.
Be advised about the "8-year rule", as it stands there is no medical retirement for Neurodevelopmental Disorders (ADHD, Autism, Down's, FAS, Learning Disabilities, etc.) or Personality Disorders by themselves, even if the servicemember surpassed 8 years TIS. Those conditions, by themselves, if retention is not recommended, are dealt with by the admin sep process as "Unsuiting" (even if implicated at 14+ years TIS), not the DES (DES requires potentially "Unfitting" conditions), though generally upon reaching 6 years TIS the servicemember becomes eligible for an admin sep board to contest an "Unsuiting" mental health admin sep recommendation.
(Disclaimer: Has anyone slipped past all the rules and medically retired due to a "service-connected" Personality Disorder diagnosis when it was supposed to be dealt with as "Unsuiting"? Yes. But these people got extremely lucky. In all U.S. military history the total amount of people that have slipped past all the rules this way is probably in the low double digits. The branches keep access to the DES and medical retirement locked down tight nowadays. Do not count on any lucky accidents like that happening anymore.)
Although 10 USC §1207a (the "8-year rule" law) reads like it's supposed to convert an "Unsuiting" pre-existing mental health condition not amounting to a disability, like Autism, into an "Unfitting" disability eligible for the DES and medical retirement and all that good stuff given 8 years TIS... be advised that in reality 10 USC §1207a does not work for Neurodevelopmental Disorders and Personality Disorders, though it is wishful thinking.
The only "Unsuiting" mental health condition that can convert into a potentially "Unfitting" condition is Adjustment Disorder, if the disturbance lasts at least 6 months in service it is considered no longer "Acute"(Unsuiting) but a "Chronic"(potentially Unfitting) Adjustment Disorder eligible for referral to the DES. This is independent from 10 USC §1207a. (Anyone who was admin sep'd for Adjustment Disorder but met "Chronic" criteria in service should file a BCMR/BCNR request for retroactive medical retirement, as they should have been referred to the DES.)
By all means, DoD Instruction 1332.18, Disability Evaluation System, Section 1, Policy Paragraph "l."(lima) is written (and has been explicitly rewritten under "Incorporating Change 1, Effective May 17, 2018" when this paragraph was Policy Paragraph "i."[india]) to the effect that a servicemember with both Unsuiting and potentially Unfitting conditions is absolutely eligible for referral to the DES due to the potentially Unfitting conditions.
However, people in the services (commanders, medical, Pre-DES, and DES) often like to pull a fast one by trying to make the Unsuiting condition derail the potentially Unfitting condition, even when over 8 years TIS. Watch out for this. Though MEB request paperwork can make mere mention of Unsuiting conditions, it is not supposed to be referred for the Unsuiting conditions or else it'll be shot down and the servicemember can find themselves on the streets on admin sep! Potentially Unfitting conditions (i.e. PTSD, Other Specified Trauma and Stressor-Related Disorder, MDD, GAD, Chronic Adjustment Disorder, Schizophrenia, Bipolar, etc., and of course the myriad of physical conditions) must always be the the driving factor of an MEB request even when over 8 years TIS.