Need some real help on this

mxracer13

PEB Forum Regular Member
PEB Forum Veteran
I am not sure where to start...I have an LOD for a back injury I recieved while on duty. I am a guardsmen on title 10 active duty. I have herniated disks on L4-L5, L5-S1. I was scheduled for surgery March 06. At that time they conducted some test and found out that I am a diabetic. The surgeons decided that surgery posed a greater risk than the injury and recommended that I put off having the surgery until I could not stand the pain any longer. I went to the informal board in Jun 07 and the board came back with a return to duty. My orders where ended two days later. Then I got a seperation with compensation offer in late Sept 07. I asked why I was getting this and why I was still not on orders if the issue was not resolved. The offer was recinded. Fast forward to Nov 07 and the offer is back. Again I ask why and why I am not on orders if the issue is not resolved. A month later they tell me that I should have never been taken of orders in June 07. I get back pay but only to Oct 1 07, so I lose the pay and points for the 3 months before. I am told that was a previous year and that they can not pay me for that. In the mean time I start having a great amount of pain in my shoulder and neck and my arm is going numb. I seek treatment. I was scheduled for my Formal Board in late Feb. When I begin treatment I am told that I may require surgery on a torn rotaitor cuff. I notify the peblo and they put off my board. Now they are pushing for me to come down for the board. My main question is what right do I have to treatment. If I have the surgery on my shoulder I will not be able to work for up to 4 months. I am no longer able to do my civilain job do to my back. I am not sure where to go with this and my local MTF is of no help.
 
mxracer13,

Welcome!

You are not supposed to be boarded until you have reached optimal hospital and medical treatment benefits. That is defined in DoDI 1332.38:

"E2.1.22. Optimum Hospital and Medical Treatment Benefits. The point of hospitalization or treatment when a member's progress appears to be stabilized; or when, following administration of essential initial medical treatment, the patient's medical prognosis for being capable of performing further duty can be determined."

So, the problem is that if they think they can determine your progosis for being capable of performing further duty, they can board you. Hopefully. you get a retirement finding, and keep you medical benefits. Regardless, the "systems" answer is that you should get covered by the VA if you are separated or retired. The main problem with that is that it sometimes takes a period of time before your VA award is made. Given that, I recommend you try to access the Benefits Delivery at Discharge program and get your VA claim rolling (but given that you presumably have a DD214 from your earlier separation, you may be able to apply now).
None of this is likely a solution that meets your concerns. It is a failing in the system that benefits are not neccesarily seemless, and I think that is a raw deal. But better you know this and try to prepare the best you can.

By the way, good for you for holding their feet to the fire. I am not sure that you got the right answer on the "prior fiscal year" limiting your ability to recieve back pay. You may have to go BCMR route to get it, but you may have a claim.
 
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