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looking4help

PEB Forum Regular Member
Hello,

I am starting the MEB process and am trying to understand the potential outcomes. I am a 43 year old Major with 18 years and 6 months active duty and 1 year inactive reserve and 1 year of National Guard service. I have been diagnosed with PTSD, MDD, had a precancerous polypectomy and have chronic back pain. I was evacuated out of theater in OIF 04/05 (Kuwait) with herniated disc at L4-L5. I had no surgery but deployed again to OIF 07/09 and my back pain is now chronic. I had discography and several steroid injections. Doc is now recommending burning the nerve roots in lumbar area and possibly artificial disc replacement or single level fusion. I was also deployed to DS/DS 90/91 and was "possibly" exposed to low levels of sarin and psychlosarin at Khamisia, Iraq in 1991 according to the Gulf War Registry.

I am in the right place to get resolution to my chronic health issues but am concerned about losing all or part of my retirement if the Army comes back with anything less than a 50% rating. This is causing anxiety on top of my other health issues. I understand that the boards sometimes rate similar soldiers with similar health issues with vastly different percentage ratings. Should I get representation of some sort of (JAG, pro-bono or out of pocket lawyer) legal assistance?

I have a good record of service with no legal or disciplinary problems. My awards include the BSM, DMSM, and MSMx2, etc.

What could be the worst possible outcome?

Thank you.
 
Welcome,

Usually PTSD person are put on TDRL (min 50%) and get evaluated after 15 months. By then you will be at a point of being able to put in for retirement (you will be past your 19 year mark) then you will retire normally.

But you wanted worse case: They put you out at 20% or less rating (not too likely). You get your severance package and they you are discharged with no benefits (except VA). But again not very likely, but is in the realm of possible. But the good news, is you can drag it out to FPEB another 6 months and then put in retirement (365 days before your 20th year) at that point your assumed "fit for duty".

If I'm wrong someone will correct me ;)
 
looking4help,

welcome! you've come to the right place. like you i have a chronic back injury. one thing you have on your side is you are close to your 20yr mark. the whole MEB process tends to be slow. i've been going through the (DES) disability evaluation system since nov of 2007. if that gives you an idea. i have had multiple surgeries, treatments but i never did the nerve burn thing. i did have the l5-s1 fusion and did not have a good expeience but i did hear good things about the replacement disc and heard that it's come a long way. if i could go back, i would have not had any of the procedures and just live w/the pain. i look @ it this way: @ this point in your life w/this type of injury your gonna be in pain either way, so it's all in how you manage the pain. i would also look into getting a 2'nd and even a 3'rd opinion.

anyway...do as much research on the medical portion as well as the whole MEB proess (all that info. is here). gather all the medical documentation you can and ensure that it is getting properly documented in your records. get copies of everything! w/the depression/anxiety piece: get that addressed, it may not only maximize your case, yu will pysically and mentally benefit from it. along w/that and your injury probably comes issues w/sleep, get that addressed to. i took me a year or two to get the mental health piece addressed and i'm glad i did. the whole situation is stressful to begin with.

as far as a lawyer, i opted to get my own lawyer. i'm sure there are some really great JAG's out there but i felt more confidant in putting my career in the hand of someone else. jason can probably fill you in on the legal side mcuh better than i can. you've been in long enough to know how the system works and to know that JAG works in the best interest of the government 1'st and foremost. plus you don't have the access to JAG until you are getting ready for the formal board (FPEB). so in all reality you could end up having minimal contact w/them, like a month before your board and have only a few days to prep a case that impact your life in a huge way. i didn't feel comfortable w/that. that's ust my take on that.

if you have any questions or concerns along the way r just need to BS, feel free to contact me here @ any time. good luck and keep us posted.
 
Thanks for the feedback. I am at WRAMC WTB and have been assured that everything will be fine by numerous personnel. I have been overwhelmed by the generosity and kindness of the entire WRAMC community: providers, staff, volunteers and fellow patients. So far so good.
 
Greetings everyone. My name is Ken and I am stationed in the NCR (National Capital Region). I'm a space/missile geek (AFSC 13S) and go over 20 years this Sep. I am currently DNIF'd and going through a MEB for sleep apnea. Found this site and it contains a TON of info. Thanks for the upkeep.
 
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