Need help before tomorrow on MEB

michaelj995

Member
Registered Member
So I talked to one of my drs at behavioral health today and I was basically told that my conditions were pre exisitng and I could not get a MEB.

My story is as follows:
I have had OCD my whole life but it did not get bad until I joined the army in 2005
Previous to that I was in the Marines for four years with very little issues.

I have had general anxeity for a few years now

I have just been diagnosed with major deppression.

Now I have been hospitalized in 2006 for the depression OCD and anxeity with no success.
I have also been in the hospital in patient physch ward twice in the past 3 months for 3 weeks each time. Now I am in intensive out patient with no succes so far if any thing I have gotten worse.

After reading the regulation below I am starting to think the dr is wrong and that I am entitled to a MEB. So Could someone Please read the reg below and take the info I have provided and give me some options and guidance ASAP



This is out of 40-501



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.



3–33. Anxiety, somatoform, or dissociative 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.
3–34. Dementia and other cognitive disorders due to general medical condition
The causes for referral to an MEB include persistence of symptoms or associated personality change sufficient to interfere with the performance of duty or social adjustment.
3–35. Personality, psychosexual conditions, transsexual, gender identity, exhibitionism, transvestism, voyeurism, other paraphilias, or factitious disorders; disorders of impulse control not elsewhere classified
a. A history of, or current manifestations of, personality disorders, disorders of impulse control not elsewhere classified, transvestism, voyeurism, other paraphilias, or factitious disorders, psychosexual conditions, transsexual, gender identity disorder to include major abnormalities or defects of the genitalia such as change of sex or a current attempt to change sex, hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis or dysfunctional residuals from surgical correction of these conditions render an individual administratively unfit.
b. These conditions render an individual administratively unfit rather than unfit because of physical illness or medical disability. These conditions will be dealt with through administrative channels, including AR 135–175, AR 135–178, AR 635–200, or AR 600–8–24.
 
Sorry that nobody has answered your question. I would recommend that you speak to the JAG MEB attorneys on your post and they will advise you much better than I can. Good luck...hope it works out for you.
 
I would recommend you start a Congressional Investigation. 1st, when was your diagnosis? Were you in the Service prior to the Diagnosis? If you was diagnosed after you was in the service, you can demand a MEB. I would contact Lawyers Serving Warriors: http://www.lawyersservingwarriors.com/
 
Wow no need for a congressional yet! when you get your NARSUM for review initiate a Independant Medical Review. It's that easy, if it still is a no go, appeal!
 
Congressional may help, but is unlikely to.

I think the original poster is correct, though, that he should be given an MEB and PEB.

Is there a Line of Duty done in this case? Worst case, if there is no MEB/PEB convened, you may have to fight this after discharge.

Not much that seems controversial about this- you should have an MEB/PEB.
 
Wow no need for a congressional yet! when you get your NARSUM for review initiate a Independant Medical Review. It's that easy, if it still is a no go, appeal!
He was told he wasn't getting an MEB. When you whistle blow, people tend to start listening. I know from experience. If I didn't step outside the box, I would have been stuck with Obstructed Sleep Apnea on my NARSUM.
I got help and it was redone to 100 % TDRL for COPD.
 
Unfortunately, I disagree. I have only seen a handful of cases where Congressionals have helped members cases. I have been on all sides of this issue. One of my jobs before I was assigned to the PEB was to respond to Congressionals. I never saw it make a difference. When I was assigned as a JAG representing members at the PEB, I never saw a Congressional make a positive difference (and actually, in one case, I think it hurt the member's case). In no case that I have personally been involved with have I seen a Congressional inquiry make a difference. It is fighting the case and pushing the correct arguments that usually carries the day.

That said, it CAN help people. My point is that in the vast (I would say overwhelming) majority of cases, it won't matter.

What sometimes happens is that people submit a Congressional and concurrently, they get a good result. Correlation does not equate causation. If someone gets a change through fighting their case and have happened to file a Congressional, it does not mean the Congressional helped. This is not to say that people should not...and, every once in a while it does help. I just don't think anyone should rely on that as a particularly effective course of action.
 
Unfortunately, I disagree. I have only seen a handful of cases where Congressionals have helped members cases. I have been on all sides of this issue. One of my jobs before I was assigned to the PEB was to respond to Congressionals. I never saw it make a difference. When I was assigned as a JAG representing members at the PEB, I never saw a Congressional make a positive difference (and actually, in one case, I think it hurt the member's case). In no case that I have personally been involved with have I seen a Congressional inquiry make a difference. It is fighting the case and pushing the correct arguments that usually carries the day.

That said, it CAN help people. My point is that in the vast (I would say overwhelming) majority of cases, it won't matter.

What sometimes happens is that people submit a Congressional and concurrently, they get a good result. Correlation does not equate causation. If someone gets a change through fighting their case and have happened to file a Congressional, it does not mean the Congressional helped. This is not to say that people should not...and, every once in a while it does help. I just don't think anyone should rely on that as a particularly effective course of action.

I can see your point. I contacted Lawyers Serving Warriors snd my Congressman. Their Investigator helped me get my rating changed from 50% to 100%. I went to JAG, they wanted to advise me to keep my mouth shut and take the 50%. Once I was set up with Lawyers Serving Warriors, they have been going through my Health Records and on stand by for an Appeal. It is all Pro-Bono, it isn't costing me a thing. My Lawyer told me not to accept less than 75% PDRL. I am already 100% P/T by the VA. 75% is max that DOD pays.
 
Their Investigator helped me get my rating changed from 50% to 100%.

From what I am gathering, this is from the VA, right? You are still pending PEB results, if I understand correctly. "Their Investigator" means the paralegal or someone from LSW, right?

I went to JAG, they wanted to advise me to keep my mouth shut and take the 50%. Once I was set up with Lawyers Serving Warriors, they have been going through my Health Records and on stand by for an Appeal. It is all Pro-Bono, it isn't costing me a thing. My Lawyer told me not to accept less than 75% PDRL. I am already 100% P/T by the VA. 75% is max that DOD pays.

Is your case an IDES case?

As a general matter, a higher number awarded is better. However, in some cases, getting a higher award will not matter for total compensation (mainly depends on years of service and/or combat related nature of conditions).

PDRL v. TDRL is a very hard one to fight and win. That is, if they won't change their decision, it is hard to show a "legal harm."
 
My case was adjudicated before the IDES program. I have been on TDRL since December 2008. I have my ducks in a row.
 
Okay, so you can't stay on TDRL- your case must be finally adjudicated this time around.

If your rating is being done by the PEB, this violates DTM 11-015; under that regulation, the VA must provide the final rating.

Good luck!
 
But, the IDES system is often erroneously having the PEB's rate the member finally. The VA is supposed to rate the IDES member under the DTM. You might end up just fine with the PEB doing the rating. But, this is not legal.
 
This is a "breakdown" in the system, that usually only implicates reservists with a previous rating.

As of now, what is happening is that the VA does a "new" proposed adjudication within the IDES. Sometimes this results in a higher rating, which, in my opinion, is fine because it benefits the member. However, if they lower a rating, this violates VA statutes and regulations.

In your case, the problem is that the PEB will likely undertake to provide their own rating without referring your case back to VA (DRAS), which is required by the Directive Type Memo 11-015. This is completely bogus and illegal and opens you up for a lower rating than you would likely get. The only complicating factor, that I see, is that you are P/T, which would suggest that the VA will not provide a follow on adjudication because they have already found you P/T. It is hard to say how it plays out because currently, the PEBs appear to be ignoring this requirement in the first place. But, I would argue, the VA should provide the final rating (even if to confirm no change). It is a complicated issue in your case.
 
I was Active Duty, I had to Appeal VA Decision since I was put on 100% TDRL by DOD. VA visited my records and found their mistakes and they corrected my rating to 100% Permanent and Total for COPD. I had other testing and was confirmed with Interstitial Lung Disease which wasn't even apart of my VA Comp and Pen. I have since sent all my records from Civilian Doctors to be input in my VA Records. If I was to be paid for all of my issues with a rating, I would hit close to 200%. LOL
 
Top