MILITARY NONDUTY RELATED DUSCHARGE VS VA SERVICE CONNECTED DETERMINATION

Des4200

Registered Member
I was discharged for a "non-duty related mental health" medical duscharge(fabricated opinion from a command forced involuntary commitnent without my consent evaluation after blowing the whistle as true retaliation)

Where as I was discharged without military medical retirement, or severance pay for the loss of my military career(prospects) after 9.5 years 2 enlistments and 1 tour to Iraq time period. As of 9-2009.



And, even though I was duscharged without any benifits bc I assume it was then determined to be non duty related that TODAY after applying back in 2008 for VA service connection rating have actually been found SERVICE CONNECTED!



So, my question is cant I go back to and ask for ?.....

To which my entire reason for discharge could be changed to service related..vs non duty related medical discharge rending to be wrongfully adjudicated as to appealing my term of service to be givin also Military Rwtirement pay [back pay to present as well]?





Just curious.



The militarys meb/peb determination vs va determined my medical condition to have bern service related vs military deterninee it to be nonservice connected dilimea?



HELP??
 

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chaplaincharlie

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Did you go through the Command Directed MH Evaluation? If so, where all the steps followed? Were you given an attorney to represent your interest?
chrome-extension://oemmndcbldboiebfnladdacbdfmadadm/http://www.jag.navy.mil/distrib/instructions/DODI6490.04_Mental_Health_Evals.pdf
 

Des4200

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Did you go through the Command Directed MH Evaluation? If so, where all the steps followed? Were you given an attorney to represent your interest?
chrome-extension://oemmndcbldboiebfnladdacbdfmadadm/http://www.jag.navy.mil/distrib/instructions/DODI6490.04_Mental_Health_Evals.pdf

No. Nothing as the regulations directives instructions or under the state law statues where abided by whatsoever.
 

oddpedestrian

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Did you go through the Command Directed MH Evaluation? If so, where all the steps followed? Were you given an attorney to represent your interest?
chrome-extension://oemmndcbldboiebfnladdacbdfmadadm/http://www.jag.navy.mil/distrib/instructions/DODI6490.04_Mental_Health_Evals.pdf
Is it required if the diagnosis is a personality disorder? The OP initially said it was that but changed it to adjustment disorder in her attach narrative. Either way, it looks to be a misdiagnosis but I know the NG has more loopholes on not providing MEB than active or reserves.
 

chaplaincharlie

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@oddpedestrian

@Des4200 mentions an exam without consent. Without consent can only occur when a process is followed. It relates to what is known as the Boxer Amendment (to a DoD funding bill). The process was made law because some military commander, along with military MH personnel, were misusing diagnoses to chapter out people. The Boxer amendment requires certain step be followed and that certain behaviors be documented before a CDE is conducted. Among those steps is offering legal counsel.
 

chaplaincharlie

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ANG follows under the AFI for medical operations. Army NG may not.
 
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