The last thing I heard is the signed Memo was at MEDCOM, but that was last week.
Adjustment Disorder news
- Thread starter PEBLO11
- Start date
Thank you for quick response. My MEB packet was submitted to the PEB last Friday. My PEBLO informed me yesterday that my packet was rejected and placed on hold until a decision on Adjustment Disorder has been made. One thing I have learned from the Army is "hurry up and wait".
I was retired on 8 May with 60% VA and 50%DOD, with a second claim open. On 10 June, E bennies showed that my second claim was complete. Today, 13 June I got the paper work from the VA stating 80% VA and 80% DOD. the new additions were 30% for chronic adjustment disorder and 10% for my tinnitus. Money was in the bank this morning for the back pay. Didn't even know CAD was holding up my claim. The one thing they didn't touch or rate me on was my severe sleep apnea.
This week I had a discussion with a OTSG official on this issue. This person stated the hang up is between OTSG and legal. This person stated about 30 members a week are getting caught up in the issue. I suggested that, with mutual consent, the individual be placed on TDRL and have the issue resolved upon TDRL review. This would allow the member to move on but allow for proper consideration of the issue later once the policy issues are resolved. The person I spoke with thought the idea had merit and was taking it back for consideration.
Mike
Mike
You won't have a NCM unless assigned to a WTU. They are responsible for coordinating all non VA C&P medical care for the SM. Outside the WTU, the TMC handles that care.
Mike......Great suggestion! Hopefully they can move on that idea quickly. Any guess on how far back they are going on this adjustment disorder issue? I was diagnosed and treated for GAD for almost 4 years before my exit from service last June.
Joe
Hello all, my case has been in since May 2012, did the C&P exam in July, after going though 5 different PEBLO's, my case was forwarded to the PEB 31 Oct 2012, sat there until 7 Feb 13 when I fnally reached someone at the OTSG office who checked on it. Then if was forwarded to the DRAS-VA until 17 May 2013 when they completed their part and sent it back to the PEB. Just found out that it is on hold AGAIN now due to the new Policy Memo for the adjustment disorder. All this time the My MEB/PEB on AKO has not been updated. Finally got the MEB part updated from constat nagging to my PEBLO, the PEB still shows nothing. Also I only heard from my PEBLO during this time if I contacted them, which in itself can be a challenge. This new IDES system is suppose to make things flow eaiser for the Soldier going through the process, but my experience has shown me different. You have to stay Pro-active on you case or it seems to get lost in the shuffle.
So the VA sent my BEL Letter to the PEB yesterday. The PEB and my MSC confirmed that it was sent. I have Adjustment Disorder (I don't know if it's acute or chronic) on my DA Form 3947. Will I get to sign my DA Form 199 and move forward, or will me PEBLO hang on to it until the OTSG and Legal make a decision?
I forgot to mention, it does not fail Retention Standards.
Are you saying that if it doesn't fail retention standards that it might change to become a failing condition? That's the only reason that I could figure they would hold us all up. But there I go again attributing logic to the VA process. Also, if it's been going on for over 6 months it is considered chronic, correct?
I am curious about that as well. I was first diagnosed with Adjustment Disorder through the QTC on December 5th, 2012. It's been more than six months, so is it now considered CAD? Anybody know?
Yes, 6+ months makes it chronic.
A condition does not have to fail retention standards to be considered unfitting. See the attached court case that our own Jason Perry won (remand). PEBs must consider all conditions, regardless if they meet retention standards or not, when determine fitness. Thus, if you have CAD, the PEB must go back and determine if the condition contributes to your unfitness. If it does, the CAD rating becomes part of your overall DoD rating. So, this could have a big impact and would likely raise a separation level rating to a retirement level rating. Below is a key excerpt from the court case.
Mike
Section 1216a provides that disability ratings “shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.” 10 U.S.C.A. § 1216a(b) (2012) (emphasis added). Plaintiff argues that although the ABCMR concluded that his foot conditions alone did not render him unfit for duty, it failed to consider whether his foot conditions contributed to rendering him unfit for duty. Pl. Supp. at 6; Pl. Reply at 10. The Government does not counter this argument; in fact, it replaces the words “whether individually or collectively” with an ellipsis when it quotes from section 1216a(b). Gov’t Supp. at 8-9 (“[T]he statute provides that, in making rating determinations, the military will ‘take into account all medical conditions . . . that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.’”). [emphasis added].
and,
On remand, the ABCMR is to consider the following issues: whether Plaintiff’s foot conditions contributed to rendering him unfit; whether Plaintiff’s sleep apnea became unfitting after the MEB and PEB proceedings, but before Plaintiff’s separation from the Army; and, in light of its resolution of those two issues, whether, Plaintiff's disability rating was appropriate. The ABCMR is directed to take any corrective action deemed appropriate based on its review and to advise the court of the same.
A condition does not have to fail retention standards to be considered unfitting. See the attached court case that our own Jason Perry won (remand). PEBs must consider all conditions, regardless if they meet retention standards or not, when determine fitness. Thus, if you have CAD, the PEB must go back and determine if the condition contributes to your unfitness. If it does, the CAD rating becomes part of your overall DoD rating. So, this could have a big impact and would likely raise a separation level rating to a retirement level rating. Below is a key excerpt from the court case.
Mike
Section 1216a provides that disability ratings “shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.” 10 U.S.C.A. § 1216a(b) (2012) (emphasis added). Plaintiff argues that although the ABCMR concluded that his foot conditions alone did not render him unfit for duty, it failed to consider whether his foot conditions contributed to rendering him unfit for duty. Pl. Supp. at 6; Pl. Reply at 10. The Government does not counter this argument; in fact, it replaces the words “whether individually or collectively” with an ellipsis when it quotes from section 1216a(b). Gov’t Supp. at 8-9 (“[T]he statute provides that, in making rating determinations, the military will ‘take into account all medical conditions . . . that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.’”). [emphasis added].
and,
On remand, the ABCMR is to consider the following issues: whether Plaintiff’s foot conditions contributed to rendering him unfit; whether Plaintiff’s sleep apnea became unfitting after the MEB and PEB proceedings, but before Plaintiff’s separation from the Army; and, in light of its resolution of those two issues, whether, Plaintiff's disability rating was appropriate. The ABCMR is directed to take any corrective action deemed appropriate based on its review and to advise the court of the same.
I just called my congressman for help (2nd time) and they're going to contact the Army congressional liaison in regards to my case. I'm so tired of playing these games. If what I'm reading here is true and there are some cases that are still being pushed through and trickling out of the system then I'm going to do everything I can to be one of them.
Thanks, Mike. Good information.
I spoke to someone in the PEB today, and this is what I was told.
The Soldiers that are being put on "hold" are all Soldiers that have Adjustment Disorder on their DA Form 3947. Regardless of Acute or Chronic specification. All the Soldiers' cases are then sent to a Behavioral Health Department (Clinic perhaps) for review. They decide if the Soldier meets the criteria for Chronic Adjustment Disorder (CAD). If it is determined that the Soldier does have CAD, they will make the Fit or Unfit determinations and then the Soldier is put on hold until this entire tornado is resolved. If a Soldier is determined not to have CAD, and he or she agrees that it does not contribute to their being Unfit, it continues on the normal path (DA Form 199, TRANSPROC, and so on). I was told that it's a little over 50% of the cases being reviewed, because they have Adjustment Disorder, are moving forward in the normal fashion after they have been reviewed. I hope this helps someone better understand this, and I hope I didn't get any bad information, or misunderstand it. I'm sure someone will correct me if I did.
I spoke to someone in the PEB today, and this is what I was told.
The Soldiers that are being put on "hold" are all Soldiers that have Adjustment Disorder on their DA Form 3947. Regardless of Acute or Chronic specification. All the Soldiers' cases are then sent to a Behavioral Health Department (Clinic perhaps) for review. They decide if the Soldier meets the criteria for Chronic Adjustment Disorder (CAD). If it is determined that the Soldier does have CAD, they will make the Fit or Unfit determinations and then the Soldier is put on hold until this entire tornado is resolved. If a Soldier is determined not to have CAD, and he or she agrees that it does not contribute to their being Unfit, it continues on the normal path (DA Form 199, TRANSPROC, and so on). I was told that it's a little over 50% of the cases being reviewed, because they have Adjustment Disorder, are moving forward in the normal fashion after they have been reviewed. I hope this helps someone better understand this, and I hope I didn't get any bad information, or misunderstand it. I'm sure someone will correct me if I did.
Hopefully, it's a good sign indeed!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best wishes!
Meanwhile, we are being furloughed , and having our staffing go down by 2/3 due to Term PEBLOs, Contact Reps and MSAs not being renewed. Thanks a lot Washington DC, which apparently stands for District of Clowns.