Separated AD in Oct, Reservist, unfitting diagnoses in Nov, LOD-HC and MEB coming up

question

PEB Forum Regular Member
Registered Member
I was AD USN for 13+ years and immediately joined the USNR. I was conditioned during my entire career to never speak of my mental health issues or anything that could hold me up from getting to 20 years, active or reserve. I deployed 5 times, twice to combat zones and never had a post-deployment medical evaluation.
One month after my EAOS, several community doctors/psychiatrists diagnosed me with 5 mental health conditions that began as early as a military sexual trauma (MST) right after bootcamp that I hadn't reported until after separating from AD. I am on meds for PTSD, depression, anxiety, and insomnia for those conditions. I also have over a dozen neurological/physical conditions, including a TBI and chronic migraines that weren't diagnosed formally until after my EAOS. My neurologist has me on migraine meds and the VA TBI clinic is seeing me. I do have old emails, 2 dozen witness statements, and several nexus letters from therapists, psych RN's, and psychiatrists showing that my conditions began while I was on AD.
I ended up in a crisis center one month after my EAOS. I did not yet have orders for my reserve duties. That was where I spoke first of my 13 year-old unreported MST and my mental health state was evaluated concluding that I should be partially hospitalized (PH). I have TAMP 6 months of transitional TriCare healthcare which didn't cover any local PH programs and I wasn't yet enrolled with the VA.
My list of traumatic events during my AD time that affected me: MST, physical abuse, unlawful detainment and coercion by a superior, denial to counsel, violations of privacy act laws (a US congressional representative got involved with those last few), Boston marathon bombing, active shooter, the Hawaiian missile false alert, 2 rocket explosions on my base while on duty, CACO duties for 3 years, my best friend's (a shipmate's) murder, physical abuse by a shipmate, fighting several ship fires, and submarine battery chemical exposure which caused retinal holes, along with many other circumstances.
My reserve medical officer has deemed me unfit to deploy and gave me a Line of Duty Healthcare (LOD-HC) package to submit me up for an MEB (very likely to result in my separation from the reserves, which I have accepted and am ok with). My LOD-HC package is tied to a restricted SAPR report, so until/if I elect to file it as unrestricted, then the process can go forward. I must give written permission to unrestrict my report and submit up the LOD-HC, which would initiate an MEB.
Truth be told, I would rather just be separated and petition for retroactive medical retirement from AD. I know I'm getting ahead of myself having not yet even been MEB'd, but I need to know that I won't just be tossed to the curb with nothing to show for my nearly 14 years of service.
I have been trying to find a Massachusetts attorney to represent me at the inevitable MEB and PEB, BCMR, PDMR, or Federal Claims Court. The perfect outcome for me would be to medical retirement from AD.
My LOD-HC package is being reviewed by the VA legal clinic and I've reached out to the navy VLC and 2 JAGs about the issue, but I need a disability attorney that will drive this home with me.
Any feedback or assistance that you can provide is extremely appreciated.
 
Edited for clarification:
I was AD USN for 13+ years and immediately joined the USNR. I was conditioned during my entire career to never speak of my mental health issues or anything that could hold me up from getting to 20 years, active or reserve. I deployed 5 times, twice to combat zones and never had a post-deployment medical evaluation.
One month after my EAOS, several community doctors/psychiatrists diagnosed me with 5 mental health conditions that began as early as a military sexual trauma (MST) right after bootcamp that I hadn't reported until after separating from AD. I am on meds for PTSD, depression, anxiety, and insomnia for those conditions. I also have over a dozen neurological/physical conditions, including a TBI and chronic migraines that weren't diagnosed formally until after my EAOS. My neurologist has me on migraine meds and the VA TBI clinic is seeing me. I do have old emails, 2 dozen witness statements, and several nexus letters from therapists, psych RN's, and psychiatrists showing that my conditions began while I was on AD.
My PTSD was catalyzed by an experience I encountered 2 weeks before my terminal leave, where a bullying person reported onboard during my last submarine deployment and reignited my past traumas. I was going to file a report with medical about my prior MST, but the corpsman was sleeping and I scared myself into thinking that the care would keep me on the ship longer with the guy that I was getting constantly bullied and harrassed by. I have a witness statement from a shipmate that tried to help me when I was standing, visibly distraught outside the medical office for almost 2 hours. I was separating in 2 weeks and was deployed. I never filed the report on deployment. My therapist has concluded that I was unable to seek care or make the decision to get help because of my PTSD, lack of resources, and close quarters with the guy that catalyzed my conditions. He would be willing to sign an affidavit clarifying.
I ended up in a crisis center one month after my EAOS. I did not yet have orders for my reserve duties. That was where I spoke first of my 13 year-old unreported MST and my mental health state was evaluated concluding that I should be partially hospitalized (PH). I have TAMP 6 months of transitional TriCare healthcare which didn't cover any local PH programs and I wasn't yet enrolled with the VA.
My list of traumatic events during my AD time that affected me: MST, physical abuse, unlawful detainment and coercion by a superior, denial to counsel, violations of privacy act laws (a US congressional representative got involved with those last few), Boston marathon bombing, active shooter, the Hawaiian missile false alert, 2 rocket explosions on my base while on duty, CACO duties for 3 years, my best friend's (a shipmate's) murder, physical abuse by a shipmate, fighting several ship fires, and submarine battery chemical exposure which caused retinal holes, along with many other circumstances.
My reserve medical officer has deemed me unfit to deploy and gave me a Line of Duty Healthcare (LOD-HC) package to submit me up for an MEB (very likely to result in my separation from the reserves, which I have accepted and am ok with). My LOD-HC package is tied to a restricted SAPR report, so until/if I elect to file it as unrestricted, then the process can go forward. I must give written permission to unrestrict my report and submit up the LOD-HC, which would initiate an MEB.
Truth be told, I would rather just be separated and petition for retroactive medical retirement from AD. I know I'm getting ahead of myself having not yet even been MEB'd, but I need to know that I won't just be tossed to the curb with nothing to show for my nearly 14 years of service.
I have been trying to find a Massachusetts attorney to represent me at the inevitable MEB and PEB, BCMR, PDMR, or Federal Claims Court. The perfect outcome for me would be to medical retirement from AD.
My LOD-HC package is being reviewed by the VA legal clinic and I've reached out to the navy VLC and 2 JAGs about the issue, but I need a disability attorney that will drive this home with me.
Any feedback or assistance that you can provide is extremely appreciated.
 
Edited for clarification:
I was AD USN for 13+ years and immediately joined the USNR. I was conditioned during my entire career to never speak of my mental health issues or anything that could hold me up from getting to 20 years, active or reserve. I deployed 5 times, twice to combat zones and never had a post-deployment medical evaluation.
One month after my EAOS, several community doctors/psychiatrists diagnosed me with 5 mental health conditions that began as early as a military sexual trauma (MST) right after bootcamp that I hadn't reported until after separating from AD. I am on meds for PTSD, depression, anxiety, and insomnia for those conditions. I also have over a dozen neurological/physical conditions, including a TBI and chronic migraines that weren't diagnosed formally until after my EAOS. My neurologist has me on migraine meds and the VA TBI clinic is seeing me. I do have old emails, 2 dozen witness statements, and several nexus letters from therapists, psych RN's, and psychiatrists showing that my conditions began while I was on AD.
My PTSD was catalyzed by an experience I encountered 2 weeks before my terminal leave, where a bullying person reported onboard during my last submarine deployment and reignited my past traumas. I was going to file a report with medical about my prior MST, but the corpsman was sleeping and I scared myself into thinking that the care would keep me on the ship longer with the guy that I was getting constantly bullied and harrassed by. I have a witness statement from a shipmate that tried to help me when I was standing, visibly distraught outside the medical office for almost 2 hours. I was separating in 2 weeks and was deployed. I never filed the report on deployment. My therapist has concluded that I was unable to seek care or make the decision to get help because of my PTSD, lack of resources, and close quarters with the guy that catalyzed my conditions. He would be willing to sign an affidavit clarifying.
I ended up in a crisis center one month after my EAOS. I did not yet have orders for my reserve duties. That was where I spoke first of my 13 year-old unreported MST and my mental health state was evaluated concluding that I should be partially hospitalized (PH). I have TAMP 6 months of transitional TriCare healthcare which didn't cover any local PH programs and I wasn't yet enrolled with the VA.
My list of traumatic events during my AD time that affected me: MST, physical abuse, unlawful detainment and coercion by a superior, denial to counsel, violations of privacy act laws (a US congressional representative got involved with those last few), Boston marathon bombing, active shooter, the Hawaiian missile false alert, 2 rocket explosions on my base while on duty, CACO duties for 3 years, my best friend's (a shipmate's) murder, physical abuse by a shipmate, fighting several ship fires, and submarine battery chemical exposure which caused retinal holes, along with many other circumstances.
My reserve medical officer has deemed me unfit to deploy and gave me a Line of Duty Healthcare (LOD-HC) package to submit me up for an MEB (very likely to result in my separation from the reserves, which I have accepted and am ok with). My LOD-HC package is tied to a restricted SAPR report, so until/if I elect to file it as unrestricted, then the process can go forward. I must give written permission to unrestrict my report and submit up the LOD-HC, which would initiate an MEB.
Truth be told, I would rather just be separated and petition for retroactive medical retirement from AD. I know I'm getting ahead of myself having not yet even been MEB'd, but I need to know that I won't just be tossed to the curb with nothing to show for my nearly 14 years of service.
I have been trying to find a Massachusetts attorney to represent me at the inevitable MEB and PEB, BCMR, PDMR, or Federal Claims Court. The perfect outcome for me would be to medical retirement from AD.
My LOD-HC package is being reviewed by the VA legal clinic and I've reached out to the navy VLC and 2 JAGs about the issue, but I need a disability attorney that will drive this home with me.
Any feedback or assistance that you can provide is extremely appreciated.
I would contact a private attorney. Jason Perry is very experienced and runs this forum. You can reach out to him at Law Office of Jason Perry LLC, - Physical Evaluation Board, Medical Evaluation Board, PEB, MEB, PDBR, Physical Disability Board of Review, attorney, Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard, JAG, lawyer Good Luck!
 
Thank you, I thought I would have to use an attorney in Massachusetts where I am located.
Good luck finding one but I can tell you that having one local makes no difference for IDES
 
Good luck finding one but I can tell you that having one local makes no difference for IDES
I appreciate it. I am looking for an attorney, just unsure whether they must be able to practice law in MA to go down this route.
 
I appreciate it. I am looking for an attorney, just unsure whether they must be able to practice law in MA to go down this route.
You do not need an attorney licensed in the state you live when it comes to IDES or BCMR. There are only a few attorneys that specialize in this and they will most likely not be in the state that you live. I highly suggest you consider expertise and experience over where the attorney is located.
 
You do not need an attorney licensed in the state you live when it comes to IDES or BCMR. There are only a few attorneys that specialize in this and they will most likely not be in the state that you live. I highly suggest you consider expertise and experience over where the attorney is located.
Sounds good. Thanks for the clarification!
 
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