gineric12

You are most definitely NOT alone. I have been on them for the better part of the last 3 years following 2 mostly unsuccessful back surgeries. I don't know what to tell you to do other than be aware of the effects and try not to hurt the people you love. If you find any better way to deal, please pass it along to me. BTW, what type of medication are you on? I take Percocet 10/325. It seems to do the best to control the pain without problems of toleration, but I think it is all individual dependent.

Rick, It sounds like we have a lot in common. I will have 15 years in January. Actually, the MEB is before the PEB in the process. This much I know for sure through my research. And unfortunately, the Commander DOES have certain rights regarding ordering medical boards. According to AR 635-40, "When a commander believes that a Soldier of their command is unable to perform the duties of their office, grade, rank, or rating because of physical disability, the commander will refer the Soldier to the responsible MTF for evaluation. The request for evaluation will be in writing and will state the commander’s reasons for believing that the Soldier is unable to perform his or her duties. DD Form 689 (Individual Sick Slip) may be used for such referral (AR 600–6)." My problem is that the guy is NOT my Commander, although I know if I push this issue, he could justify it as acting on behalf of the CDR and I am taking a "pick your battles" stance as far is this is concerned. I know that he has also never formally (in writing as the reg states) requested the eval for a med. board. I also know that he has discussed my medical situation w/my doctor which based on my research and as you suggest, could be in violation of any number of federal laws/regs. (i.e. HIPAA, etc.). The problem I have there is that it would be his (and my doc's) word against mine as to what was discussed. I have discussed the situation w/a lawyer from JAG and he has been helpful. The only problem is that he is 3 hours away and difficult to get a hold of. I am stationed on an AF base and am Army, and the AF legal folks have refused to see me. But, when I did visit JAG, they basically parroted what I have discussed here. That the Commander does have rights and that I am destined for a medical board. He just emphasized to me that as long as I am continuing to do things to improve my condition and if there is a reasonable expectation that my condition will improve to a point that I will be able to serve, the med board will basically put the brakes on my OICs overzealous attempt to get rid of me. I am just in disbelief about the process. I don't understand how someone who isn't my CDR can suggest I be med boarded at 15 years of service when I can produce a statement from a doctor that says that if I have another surgery that there is a reasonable epectation that I will be able to return to duty (<---my lawyer suggested that I obtain this). Especially in today's climate when the military is spread so thin. It's hard enough to find qualified people to serve, and they are trying to get rid of someone who already has and is fighting for the right to continue to do so. The lawyer from JAG doesn't think it will happen, I guess we will see. But, before I close. My main concern at this point is my percentage that the PEB will assign for my disability. I know I need 30% in order to medically retire (vs. severance pay). I was wondering since you were disabled for a back injury if you could comment on my situation. I had my spine fused at the L-5/S-1 vertabrae (w/hardware) and had a second surgery to revise the first because it never fused. The second surgery was deemed successful because it eventually fused, but during either one of the surgeries or because of the hardware, I have documented nerve damage in my left leg and I still have back pain/spasms. Now my surgeon's opinion, which has been backed up by the 2nd opinion of a neurosurgeon, is that their is no surgical solution for me. Any nerve damage that has occured would most likely be permanent by this stage of my recovery. My surgeon doesn't know enough about the spinal cord stimulator (suggested by my pain mgmt. doc) to comment or stop the med board. Since you were medically retired at 30% for a back injury, I guess my question to you is how does that compare with your condition. I ask, because I was hoping to do some comparison to get an idea of where I might stand. I know it was 20 years ago and things have changed, but it wouldn't hurt to ask. Thanks again to you and all of the wonderful people on this board for the help you have given me throughout this process.

I have an appt. w/my surgeon on the 27th for the purpose of him starting the necessary paperwork for my permanent profile. He has expressed to me that because of my condition MMRB/MEB will be a formality and my case will go directly to a PEB where I will be found unfit and designated a percentage for my disability. The doctor, at the request of my "Commander," plans to initiate the permanent profile/MEB regardless of when/if I have the surgery done that might alleviate my pain (spinal cord stimulator insertion). Staying positive is difficult. I have always enjoyed serving and planned to retire at 20+. But, my attitude towards my military career has soured dramatically after what I have been through over this. If I knew I would get at least a 30% disability rating from the PEB, I would not fight the permanent profile/MEB. But, my surgeon has warned me that it might not be the case. I feel as though I don't have an advocate in this process and am trying to learn as much as I can to take care of myself.

Thanks SO much for all of the good information. I have come to feel quite alone throughout this process. I am waiting to meet with my OIC sometime this morning and feel like I have a much better idea of what my rights are. I talked to a lawyer yesterday and he said a lot of the same stuff you are. I'll keep you posted on any new developments and hope that you will continue to give me advice when able. Thanks!

I am active duty Army, and have had 2 major back surgeries in the past 2 years. It is no secret that my Unit wants to get rid of me because I am filling a slot that someone who is able to deploy could fill. I have a very unique leadership structure because I am stationed at an Air Force Base. The person who has been appointed to "oversee" my medical situation is the Deputy Commander (an 0-5) and he has atleast held the false face of having my best interests in mind. Recently, I was referred to a neurosurgeon for what everyone involved in my care viewed as a last chance to save my military career (prior to an MEB/PEB). The doctor told me (as expected) that there was no surgical solution to my problems. I have permanent nerve damage in one leg and STILL have back pain. He recommended that I see a pain management doctor to control my long term pain. I give you this background so you can better understand what has become my problem. When I brought this info to the LTC, which he has required that I report status updates directly to him as tey occur, he said that he was going on leave for 2 weeks and I need to research it during that time and if no resolution was made HE would contact my doctor to initiate the MEB. I figured I was out of options and accepted this fate. I had already researched the MEB/PEB process. I was always a little "put off" by his need to contact my surgeon (an Army ortho guy, that I HAD a good relationship with). He has admitted on more than one occassion that I have always told him exactly the same story he got from my doc, so I wondered why he felt the need to discuss it with him and even emailed a lawyer I had doing some research for me about the legality of it all. Well, when he returned from his leave, we met, and he told me that on Friday (this was a Wed.) he was going to call the doc to initiate the MEB. On Thursday, I had an appt. with a pain mgmt. doc who offered another surgical solution for my consideration. If successful it would alleviate 50% or more of my pain which I believe would make me "fit" and salvage my 15 year career. When I brought this to my LTC, he completely dismissed it, said my situation had gone on long enough and that he was initiating the board anyway. He plans to contact my doctor tomorrow to proceed with the board. I have emailed/called the lawyer at JAG unsuccessfully everyday. I NEED to know what my rights are. Can he initiate a board against my will when there is a potential procedure to make me fit for duty? Can he discuss my case with my doctor? My doctor who had been VERY approachable over the past 2+ years is now mysteriously not answering my emailed requests for help, either. Does anyone have any assistance they can offer? Thanks in advance.

I was wondering if someone has any helpful info on the following topics: First, I am being considered for a med. board and medical retirement/seperation and I was wondering if anyone knew if it was helpful or even possible to provide the military doctor with supporting documentation from civilian doctors that could possibly help my case and get me a larger percentage. Specifically, my surgeon who is going to start the process is an ortho guy who will speak to the strutural issues (following 2 back surgeries), but I have a civilian neurosurgeon who has documented permanent nerve damaage in one of my legs. I want to ensure this gets looked at by the decision makers who will determine how much disability I receive, but don't know how this works. Secondly, on a more selfish note, I attend physical therapy (hydrotherapy) at a civilian clinic in a warm water pool. I have heard that if I could get the doctor to sign off on it (which wouldn't be a problem), I could get the gov't. (VA or Tricare) to pay for me to have a hot tub installed in my permanent residence. It seems like it would be advantageous to the gov't. considering I just received a statement which reads that they are paying $233.44 per session for me to go. I get my sessions approved in blocks of 12, and have been going for a long time, so the hot tub would have already been paid for probably several times over. Does anyone know what the process is or have a similar experience that might help?

I was wondering if someone has any helpful info on the following topics: First, I am being considered for a med. board and medical retirement/seperation and I was wondering if anyone knew if it was helpful or even possible to provide the military doctor with supporting documentation from civilian doctors that could possibly help my case and get me a larger percentage. Specifically, my surgeon who is going to start the process is an ortho guy who will speak to the strutural issues (following 2 back surgeries), but I have a civilian neurosurgeon who has documented permanent nerve damaage in one of my legs. I want to ensure this gets looked at by the decision makers who will determine how much disability I receive, but don't know how this works. Secondly, on a more selfish note, I attend physical therapy (hydrotherapy) at a civilian clinic in a warm water pool. I have heard that if I could get the doctor to sign off on it (which wouldn't be a problem), I could get the gov't. (VA or Tricare) to pay for me to have a hot tub installed in my permanent residence. It seems like it would be advantageous to the gov't. considering I just received a statement which reads that they are paying $233.44 per session for me to go. I get my sessions approved in blocks of 12, and have been going for a long time, so the hot tub would have already been paid for probably several times over. Does anyone know what the process is or have a similar experience that might help?

I just met with my surgeon last week and he informed me that due to the reservists that have been activated coming home from deployment and reporting untraceable back pain (implying that they were trying to "cash in") that the medical board is skeptical of anyone getting processed for back issues and he went as far as to say that they have adopted a 10% across the board disability percentage for back issues. He said that I SHOULD qualify for more considering my extensive medical history (i.e. 2 surgeries and documented permnent nerve damage) but he wanted to prepare me for the worst. So, to me that means that unless I can petition for an early "normal" retirement, I could be throwing 15 years down the drain for a cash settlement which I deem unacceptable for my service. Does anybody have any insight about their experience with the Physical Evalution Board's percentages for back issues? Any help you can offer is appreciated.

WOW! Thanks SO much for all of the helpful information. My next question to you relates to your response to point #4 in my original post. The ball is very possibly going to start rolling on this next week. I have an appointment with my surgeon and barring any new developments with my X-Rays, he will probably initiate the P3 profile which will generate the MEB process. He told me that the entire process (MEB/PEB) takes around 6 months, which means the first part of '07. I hit 15 years in January and therefore I would fall into the category of a possible early "normal" retirement option. I was just wondering if anyone knew where in the process this was available (i.e. can you decide AFTER you get a lower % than you expect from the PEB, or would I potentially have to petition for this BEFORE I would hit 15 and therefore be ineligible)? Again, thanks for taking the time to provide such useful and detailed information. I assure you it is appreciated.

That is just it. The way I understand it is that it is not a formal hearing that I attend that decides my percentage. The local MEB will determine fitness (w/out my attendance based on what my surgeon is telling me) and then once deemed unfit, my paperwork goes to the Physical Evaluation Board (PEB) at Ft. Sam Houston to determine my percentage. I will also not be involved in that process based on what I am being told. I am not sure what if any appeal process exists if I don't agree with the percentage maybe someone here can help.

I am researching the medical retirement/disability system due to being considered for medical seperation and have some questions I hope someone can help with... The way I understand it is if you are deemed unfit for military service by the local MEB, the boards findings are sent to the PEB (Physical Evaluation Board) to determine what percentage will be assigned for your particular disability. If you are assigned less than 30%, you will be given a "lump sum" payment based on your years in service and base pay. If it is 30% or higher, you will receive that percentage of your base pay (top 3) monthly, like a normal retirement. My questions are: 1) I understand that in the 2nd situation (you are getting monthly payments), the income is taxable. Is this true? 2) If a soldier is medically retired (getting monthly payments), does he get the same benefits that he would if he were to retire "normally" after 20 years (i.e. medical coverage for family, etc.) 3) I have had my lumbar spine fused and also had a revision surgery (2 surgical repairs total) to the same area, as well as some nerve damage to a leg. Does anyone have any insight/similar personal experience that could assist me in finding out what percentage I could expect from the board? I have nearly 15 years in and am trying to decide if I should pursue the medical retirement or try to "gut it out" for 5 more years and hope I don't get an assignment that requires me to do things I am no longer capable of doing. 4) From my research, I understand that a soldier being considered for medical retirement can petition to retire "normally" if he has a minimum of 15 years in. Is this true? If so, how likely is it to be approved? Would it be more beneficial to retire normally? When in the process can this petition be generated (i.e. Can you weigh your options and attempt to file a petition after you see what percentage the PEB is going to give you?)? If anyone can provide any insight into any of the questions above, it would be greatly appreciated.