Been screwed over enough by the MEB/army ETSing soon, need advice.

kkski

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Registered Member
I am posting on behalf of my husband. He's served just shy of 15 years, active duty as a mortuary affairs specialist. He's done 6 combat deployments. I need advice on how best to go about getting him a correct VA rating. He is ETSing out of the army in a month. He has severe PTSD.
Apparently the army didn't think it was severe enough for an MEB doctor to give him more then 10 minutes of her time to review him. So he was denied an Medical Board, even after I contacted our district congressman, and had an investigation open into the matter. Anyhow, I'm upset at the whole process and sickened by the process and how it failed him. We have a mental health evaluation doctor know here by many of the soldiers, who go through the MEB review and board. She is known for trying to give them low to no ratings for their conditions, to side step their questions, confuse them and for being all out rude. I paid her a visit myself, and left her office in tears, angry and saddened that this is the way our service members are being treated. She basically told me that my husband was faking his condition and that the best thing for him to do was ETS out if he felt that he couldn't do his job in the military anymore.

We have accepted our fate as his ETS date draws closer. We are just ready to move on and get away from the military. He has given so much, and his condition has been so bad recently he has done two inpatient stays in less than a month because of acute psychotic episodes/ breakdowns he was unable to control. His case worker mentioned a possible TBI. But his PCM has not yet put in to have an MRI or Cat scan done to assess this? Will the VA take a look at it after he gets out. Or should we push to get it looked at while he is in. I am worried about them giving him a low rating. He is unable to work. He can't be around people he doesn't know or trust, and he basically stays home all the time. He is up all night from insomnia and he has nightmare and hallucinations. All of this is documented with his doctors, he has be on meds for over 18 months, to help him function. They have changed up his meds 3 times in the past month, because they still haven't found the right combination to help him without making him tired all the time. I'm just severely worried that the VA is going to screw him over as much as the army has. I don't know how the process goes, and neither does he. We were trying to get Benefits before departure, but he did not know he needed his class 1 physical 6 months out. He hasn't had it yet, and he is less than a month from ETSing. He did ACAP appointments a year ago. But remembers nothing. His memory is really bad. I would have went with him, but I was working at the time, and I thought his unit would be more helpful, as they knew what was going on with him. Unfortunately he took leave when our baby was born, and while he was on leave, his entire command team changed. The new commander wasn't aware of any of my soldier's issues until just recently when he did an impatient stay over the Christmas break. It's just been one thing after another.

If someone could just help me to understand the VA's process and everything we will need to get him the best rating. That would be so helpful. He has a few other health problems, but my biggest concern right now is his PTSD. He is unable to work in the mortuary field, which he has 14 year experience in. He can't even handle new people, or stress at all. His job options are going to be very limited.
 
I am posting on behalf of my husband. He's served just shy of 15 years, active duty as a mortuary affairs specialist. He's done 6 combat deployments. I need advice on how best to go about getting him a correct VA rating. He is ETSing out of the army in a month. He has severe PTSD.
Apparently the army didn't think it was severe enough for an MEB doctor to give him more then 10 minutes of her time to review him. So he was denied an Medical Board, even after I contacted our district congressman, and had an investigation open into the matter. Anyhow, I'm upset at the whole process and sickened by the process and how it failed him. We have a mental health evaluation doctor know here by many of the soldiers, who go through the MEB review and board. She is known for trying to give them low to no ratings for their conditions, to side step their questions, confuse them and for being all out rude. I paid her a visit myself, and left her office in tears, angry and saddened that this is the way our service members are being treated. She basically told me that my husband was faking his condition and that the best thing for him to do was ETS out if he felt that he couldn't do his job in the military anymore.

We have accepted our fate as his ETS date draws closer. We are just ready to move on and get away from the military. He has given so much, and his condition has been so bad recently he has done two inpatient stays in less than a month because of acute psychotic episodes/ breakdowns he was unable to control. His case worker mentioned a possible TBI. But his PCM has not yet put in to have an MRI or Cat scan done to assess this? Will the VA take a look at it after he gets out. Or should we push to get it looked at while he is in. I am worried about them giving him a low rating. He is unable to work. He can't be around people he doesn't know or trust, and he basically stays home all the time. He is up all night from insomnia and he has nightmare and hallucinations. All of this is documented with his doctors, he has be on meds for over 18 months, to help him function. They have changed up his meds 3 times in the past month, because they still haven't found the right combination to help him without making him tired all the time. I'm just severely worried that the VA is going to screw him over as much as the army has. I don't know how the process goes, and neither does he. We were trying to get Benefits before departure, but he did not know he needed his class 1 physical 6 months out. He hasn't had it yet, and he is less than a month from ETSing. He did ACAP appointments a year ago. But remembers nothing. His memory is really bad. I would have went with him, but I was working at the time, and I thought his unit would be more helpful, as they knew what was going on with him. Unfortunately he took leave when our baby was born, and while he was on leave, his entire command team changed. The new commander wasn't aware of any of my soldier's issues until just recently when he did an impatient stay over the Christmas break. It's just been one thing after another.

If someone could just help me to understand the VA's process and everything we will need to get him the best rating. That would be so helpful. He has a few other health problems, but my biggest concern right now is his PTSD. He is unable to work in the mortuary field, which he has 14 year experience in. He can't even handle new people, or stress at all. His job options are going to be very limited.

Your Husband will need a lawyer. He needs to file a Congressional BEFORE he ETS's!!!
 
See chapter 3 or AR 40-501 and enclosure 4 of DoDI 1332.38. If your husband's condition meets the requirements for a MEB per those standards, fight like hell for one or a least get it documented he was required to have a MEB.

Mike
 
See chapter 3 or AR 40-501 and enclosure 4 of DoDI 1332.38. If your husband's condition meets the requirements for a MEB per those standards, fight like hell for one or a least get it documented he was required to have a MEB.

Mike
Mike is correct! I fought a similar battle with the PEB for my Ratings. It's amazing, now I am fighting to get my PDMRA Leave. I am still on Active Duty, with 52 PDMRA days.
 
"§ 1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation
  • (a) Medical examination required.
    • (1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.
    • (2) A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned.
    • (3) In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate.
  • (b) Purpose of medical examination. The medical examination required by subsection (a) shall assess whether the effects of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.
  • (c) Inapplicability to proceedings under Uniform Code of Military Justice. The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice [10 USCS §§ 801 et seq.]."
10 U.S.C. § 1177

The above quoted section would seem to be most applicable to a member being separated for cause or who is going to receive a discharge characterization of less than honorable. However, I think there is an argument that the exam is required in all cases. This is essentially a fallback argument, though- the real issue, as @maparker wrote above is whether or not he fails retention standards and needs an MEB/PEB.
 
Thank you, I already pulled a congressional investigation. It took a bit because of the holidays, and was opened on January 4. My husband has just been released from a 30 day inpatient stay at the hospital on December 31st and had a two day holiday for New Years. The day he returned back to work, the congressional investigation was opened.
It was closed on January 10th, and we received this letter on the 14th, stating that he had been reviewed for an MEB twice (which is a flat out lie). He was "reviewed" once, a 5 minute series of questions from the MEB mental health doctor, who told him he did not qualify for an MEB because he stated he did not want to harm or kill her, to one of the questions (he said "I don't even know you, why would I feel like I should hurt you.) and literally she stood up and said we are done here, you don't qualify. Then she explained why disability through the VA is "better" then a MEB. The letter from the army chief of staff states that his therapist said he is doing better?!! How is being in the hospital in inpatient stays because he wants to kill himself, and actually cutting himself in the Behavioral health lobby to "stop these suicidal thoughts", considered "functioning at a high level with minimal issues". I was sickened to read this, and when he read it, he didn't seem to care. Although days later he went into this therapist in a walk in appointment and asked to see her, he threatened to "knock he teeth down her throat." and was given a no-contact order from that behavioral health center, his "doctor" (they are all social workers) has since been changed to one he specifically requested during his last hospital stay. He has trust issues with talking to people he isn't familiar with.

He STILL has not even had a class 1 physical done which he needs to have his class 1 and 2 before ETSing. He was put back in the hospital for an inpatient stay again on January 20th, an just got home on the 30th. The Major at the hospital said his PTSD is not a board able condition as well, because he has had no profile for it under PULHES. When I asked why he still has no profile, they said his PCM could give him one, if they thought it was necessary. Which to me is odd because he has been on anti-phycotic meds for 18 months, and has no been allowed to go to ranges. Wouldn't that warrant some sort of profile?

Mike I read that article. He falls somewhere in between 3-31 to 3-33. He has had 18 months of treatment, and is not within full function, because he is still on meds. However, I was told because he was never put on a profile, for his meds like he should have been, that this argument is invalid, because he was considered fully functioning this entire time. He still has no profile, even after multiple hospital stays. He also falls in recurrent hospitalization, and limitations of duty, but where or who do I get this documented? Who is it we are supposed to see about this? Because we are being fought every step of the way by some, and others who want to help, act like they seriously have no idea how to help. We are running out of time, and they know it, so they are just pushing his issues off like it isn't that big of a deal.

3–31. Disorders with psychotic features
The causes for referral to an MEB are as follows:
a.
Diagnosed psychiatric conditions that fail to respond to treatment or restore the Soldier to full function within 1
year of onset of treatment.
b.
Mental disorders not secondary to intoxication, infections, toxic, or other organic causes, with gross impairment
in reality testing, resulting in interference with social adjustment or with duty performance.
3–32. Mood disorders
The causes for referral to an MEB are as follows:
a.
Persistence or recurrence of symptoms sufficient to require extended or recurrent hospitalization; or
b.
Persistence or recurrence of symptoms necessitating limitations of duty or duty in protected environment; or
c.
Persistence or recurrence of symptoms resulting in interference with effective military performance.


Also where do we get a lawyer? Because we can't afford one.
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Oh and he was never actually sent to a MEB board. The review he received was informal. Done by the person in charge of the mental health reviews at the clinic that does MEB's.
 
Have you tried talking to the patient advocate? You can also go to his carrier counselor and request an extension of his current enlistment for further medical evaluation and/or treatment. Extensions are very easy to do.

Do you know the last time your husband has completed a periodic health assessment on AKO?
 
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