Being MEB'd for ANY Psychological Condition?

VAJumper

Moderator
PEB Forum Veteran
Make sure when you review your MEB package, your Psyche notes are included before signing it off. If they send your package without them, you may incur unnecessary delays as the IPEB struggles to get copies of them. They are protected under a higher standard than Privacy act or HIIPA. If you were NOT asked to sign a statement authorizing the release of them, it's likely they will not be included in your package.


KEY WORDS: Anxiety, depression, Bipolar, Bi-polar, Obsessive Compulsive, OCD, BPD:eek:
 
Excellent point, Jumper. I'd like to add a few things about HIPAA (Health Insurance Portability and Accountability Act).

HIPAA on the civilian side and the military side are two different animals. While many of the privacy rules are the same, there are exceptions for the military to assure proper execution of the military mission.

The military is not legally required to obtain your consent to release or obtain medical documentation between or from covered entities (one MTF to another, one military doc to another, a civilian doc to a military doc). By law, any information required to determine your fitness for continued military service may be obtained without your consent.

As far as psychological notes are concerned, docs are not legally required to release them to the patient, even WITH your request of consent. They may choose to release them to another covered entity, but do not have to release them to you if they deem that you do not have a "need to know" or that it might inhibit treatment.

Legal citations for the above information: 45 CFR § 164.512(K)(1)(i) and 45 CFR § 164.508(a)(2), DoD 6025.18-R, paragraph C7.11.1, and Federal Register: April 9, 2003 (Vol 68, Number 68) page 17357-17358.
 
Excellent information. Don't know why this has never come up before. The point I was trying to make though is that even if the military can get that information without your consent; if it's not sent with your package, the IPEB would have to request it to make a decision. I was called to go in and sign so it could be included. The information was included in my MEB package to the IPEB. The first time I went to the IPEB, it wasn't in my package and I received no rating whatsoever for my mental conditions. The IPEB didn't even ask for it--one of the many reasons I had to appeal.
 
I understand what you are saying. I was adding in a bit of what Soldiers don't realize...even though protocol is to have Soldiers sign a Authorization for Release, should they decide not to cooperate with the medical board process, that release is not required to send a packet forward.

For those Soldiers who are cooperative and want to pay attention to detail as far as the submission of their packet to the IPEB, your points are valid and well put.
 
I left one thing out:

With psych notes, you should have the right to know that they are in your packet, but if the MEB feels that you should not have access to the notes themselves, they are not required to allow you to see them. Psychology notes have rules of their own to protect the provider and, in some cases, to protect the patient (including protection from themselves).
 
Top