MARCH 4, 2012 FT. LEWIS FORENSIC PSYCH RESIGNATIONS!!!!! ARMY INVESTIGATES???

[grizz13]

As a suggestion, request an IMR for the psych stuff... Just to ask for clearification what are the failing and non-failing claims? There are some here that can answer better than me, but the more info you put out there, the better advice you can get.

 

[DanZman]

The issue that the Army had undertaken to look at, so far as I know, is the specific problem with this (BS) forensics unit at Madigan "overtunring" PTSD diagnosis. I have had several cases where there were either longstanding PTSD diagnoses overturned in legacy cases, or where the VA exam (in IDES cases) clearly covered all of the DSM-IV criteria for PTSD. I have seen them challenge stressors (even though binding rules have relaxed the "proof" needed for stressors or the reports clearly document the stressors), have seen them acknowledge all of the criteria under the DSM-IV having been met, but then overrule the diagnosis (using this BS device of a "memo of diagnostic variance") using such things as "psychological testing" (often the MMPI or other tests that have problems with them that I could go into a great deal of detail on why they are garbage, but won't here).

So, bottom line, this specific issue seems to be focused on what happened at Madigan. I have had one case returned recently by the Formal PEB (this was before all of this hit the news, but was directly related to the Madigan "events" and I argued it... it was so clear that the diagnosis was bogus that the PEB agreed and sent it back to the MEB...and meanwhile, this issue blew up in the news). All in tall, I think this is a pervasive issue, Army-wide. However, this specific issue that the Army is "addressing" appears limited to Madigan.

Jason, a similar thing happened to me. I was diagnosed about 5 years ago with PTSD and have been getting treated for it ever since. When my MEB started last year at JBLM (I'm on the McChord side, AF) I had them add this to it. Went through all the VA QTC appts and even the VA doc diagnosed PTSD. When the military Psche's did my review, they said it was just anxiety and that it probably stems from my childhood (pre-existing). I never even mentioned my childhood to these doctors but that's what they wrote in their reports. They also had me do the MMPI which showed a probability of malingering. Unbelievable, I answered those questions honestly. So when the MEB package was completed and ready for me to sign, I read it and disagreed and had them do a Impartial Review. The Impartial review was completed at Ft lewis and this "impartial" psyche doc agreed with everything the military docs said. After that I was so frustrated I just signed the package and it was sent to AFPC and then VA for rating. Here's the catch. My rating came back with 50% for Anxiety NOS. So I was happy to see that at the very least the Anxiety is service connected. The reasoning was that my PTSD is in recession and my Anxiety is the main issue now. I agree with that, my Anxiety is pretty bad now but all of my anxieties started after the incident that caused the PTSD not my childhood. I would think they would go with the root cause of my Anxiety and that was the PTSD issue. So now the DoD is giving me a rating of 50% permanent retirement and I know that "sticks" but what happens next? Will the VA have me do another re-eval a couple years down the road, and will it be on my Anxiety or PTSD? Just seems like I'm falling in the same issues as those soldiers being misdiagnosed. Does this sound like something I can fight later with the BCMR? Thanks!

 

[Jason Perry]

In all legal questions, you have to look at the result and determine whether you have been harmed by it.

That said, I will offer this- under the DSM-IV (which is what DoD uses to assess mental health conditions), PTSD is a subset of Anxiety disorders. So, unless we are talking about issues about combat related findings, the diagnosis should not matter. Recall that the 50% minimum rating under 38 C.F.R. is not for diagnoses, but rather for conditions caused by a "stressful event."

I think someone is probably trying to do you dirty. But, at the same time, many of the providers/MTFs don't really understand the disability laws in the first place.

Can't tell if you have something to challenge until you are denied a benefit.

Good luck!

 

[DIB2012]

My MEB transpired just as you described. The entire VA C&P was thrown out the BH did not accept my VA C&P according to the ANNEX O (MEB Phase Implementation Guidance) to OPORD 12-31 (MEDCOM) d. 1-D MEB Stage (3) in went against it. It basically said the opposite of what my entire medical records supports the MEB removed PTSD and slapped me with a BPD as an axis II. It went as far as saying that yes the VA has added PTSD 394.7 to concure however does not warrant moving above based on Longitudinal care. This MEB went against 2 Chiefs of Psychiatry and 3 other Psychologist that all have diagnosed me with PTSD.

The AHLTA they are using to say I have BPD is the FFD that I had at Madigan Hospital on 25AUG10 which was not even valid because I had an unfair evaluation made. I had no PTSD Psychometric measures administered. I have no idea what DSM Manual they are using!! So the MEB moved on to the PEB and the last I heard from the PEBLO was 14NOV12 she is a pushy female and has tried talking me into just going along with what I do not agree. I did make it clear to her that I was informed that I had 2 more appeals under my belt and if I had to I would be ready for a formal appeal.

The JAG lawyer said he would not be able to help come this next process so what do I do now? Im in California and JAG Lawyer is at Ft Gordon. Yes my MTF is at Ft Bliss can you see that similiarity here sucks I need help and I dont know where to go next...

 

[grizz13]

My MEB transpired just as you described. The entire VA C&P was thrown out the BH did not accept my VA C&P according to the ANNEX O (MEB Phase Implementation Guidance) to OPORD 12-31 (MEDCOM) d. 1-D MEB Stage (3) in went against it. It basically said the opposite of what my entire medical records supports the MEB removed PTSD and slapped me with a BPD as an axis II. It went as far as saying that yes the VA has added PTSD 394.7 to concure however does not warrant moving above based on Longitudinal care. This MEB went against 2 Chiefs of Psychiatry and 3 other Psychologist that all have diagnosed me with PTSD.

The AHLTA they are using to say I have BPD is the FFD that I had at Madigan Hospital on 25AUG10 which was not even valid because I had an unfair evaluation made. I had no PTSD Psychometric measures administered. I have no idea what DSM Manual they are using!! So the MEB moved on to the PEB and the last I heard from the PEBLO was 14NOV12 she is a pushy female and has tried talking me into just going along with what I do not agree. I did make it clear to her that I was informed that I had 2 more appeals under my belt and if I had to I would be ready for a formal appeal.

The JAG lawyer said he would not be able to help come this next process so what do I do now? Im in California and JAG Lawyer is at Ft Gordon. Yes my MTF is at Ft Bliss can you see that similiarity here sucks I need help and I dont know where to go next...

Private Convo Jason Perry with this information, he will set you up with someone or give you the best advice.