I enlisted in the Marine Corps in 1997. I herniated several discs in my back in 2000 while arranging cargo in my helicopter. Aside from the obvious damage, the discs also ended up pinching my sciatic nerves. I was off and on light duty and limited duty MEB several times between 2000 and my discharge in 2006. My initial VA rating was 60% and was effective the day after I was discharged. Between 2007 and 2012, I fought with the VA and was finally granted 90% plus IU with many of the additional conditions being retroactive to 2009. In February 2013, after my DAV rep told me that I should have received a disability retirement, I submitted a DD-149 to BCNR asking them to change my honorable discharge to a disability retirement as well as the separation authority, the narrative reason, and separation code listed on my 214. To support my application, I provided them copies of the relevant sections of the MARCORSEPMAN, copies of the relevant sections of the Retention Manual, relevant sections of the NAVMED P-117 (medical fitness standards for retention/enlistment), a copy of my page 11 entry that showed that my command acknowledge that I had a physical limitation that was unfitting of further service, a copy of my BIR that showed that I was assigned to an MEB, excerpts from my service medical record, and VA rating decision that was effective the day after I was discharged.
I argued that my command acknowledged that I was not eligible for reenlistment because I failed to meet the medical standards when they assigned me the RE-3P code and cited my assignment to a LIMDU MEB as the reason. I went on to state that I was not physically qualified to perform the duties of my MOS when I was issued a grounding notice in 2005 and subsequently assigned to an MEB. I pointed out that I was never advised of my right to remain on active duty beyond my EAS while I was processed by a PEB. I even provided documentation from my medical record that proved that the physician who completed my separation physical advised me to seek post service assistance from the VA for my unfitting conditions instead of referring me to a PEB. By providing sections of the P-117 and supporting medical record documentation, I was able to demonstrate that several of my VA rated issues were unfitting at the time I was separated. I closed my argument by establishing, through copies of the relevant sections of the governing regulations, that I should never have been separated while I was assigned to an MEB and that they should have processed me under the medical retirement provisions of the MARCORSEPMAN. All said, I submitted close to 100 pages of records and reference excerpts.
I am aware of the differences between what the VA considers a service connected condition and what the military DES views as an unfitting condition. I was unfortunate enough to work for the VA for about 18 months before I realized that they were just as horrible to work for, as they are to deal with as a claimant/patient.
I am getting a little nervous since it has been over eight months with nothing more than a post card acknowledging that my application was accepted… Not even an advisory opinion from the Marine Corps. I realize that this can be a lengthy process that can last around 18 months. Any thoughts, feedback, or ideas on what else I can provide to help my case? What is the likelihood that they will grant me the relief that I am seeking?
Thanks in advance for your comments.
I argued that my command acknowledged that I was not eligible for reenlistment because I failed to meet the medical standards when they assigned me the RE-3P code and cited my assignment to a LIMDU MEB as the reason. I went on to state that I was not physically qualified to perform the duties of my MOS when I was issued a grounding notice in 2005 and subsequently assigned to an MEB. I pointed out that I was never advised of my right to remain on active duty beyond my EAS while I was processed by a PEB. I even provided documentation from my medical record that proved that the physician who completed my separation physical advised me to seek post service assistance from the VA for my unfitting conditions instead of referring me to a PEB. By providing sections of the P-117 and supporting medical record documentation, I was able to demonstrate that several of my VA rated issues were unfitting at the time I was separated. I closed my argument by establishing, through copies of the relevant sections of the governing regulations, that I should never have been separated while I was assigned to an MEB and that they should have processed me under the medical retirement provisions of the MARCORSEPMAN. All said, I submitted close to 100 pages of records and reference excerpts.
I am aware of the differences between what the VA considers a service connected condition and what the military DES views as an unfitting condition. I was unfortunate enough to work for the VA for about 18 months before I realized that they were just as horrible to work for, as they are to deal with as a claimant/patient.
I am getting a little nervous since it has been over eight months with nothing more than a post card acknowledging that my application was accepted… Not even an advisory opinion from the Marine Corps. I realize that this can be a lengthy process that can last around 18 months. Any thoughts, feedback, or ideas on what else I can provide to help my case? What is the likelihood that they will grant me the relief that I am seeking?
Thanks in advance for your comments.