Questions On Seperation Exam + Ventting

[MrFreedomforAll]

Good Evening.

My wife is a traditonal reservist that had been on active duty orders for about 4 years straight. She had really bad migraines and has since 9/11. She was in the Pentagon when it was attacked she was not hurt physically but emtionally she is wreck. She is okay until someone mentions it and then you can see the look on her face change. She totally avoids everything that has to do with it and does not even want to talk about it.

I think that she has PSTD.

Back to the migraines. She goes to the hospital at least 6 times per year if not more to get pain free from the headaches. About 2 months ago she was hospitalized with staus migrainous. She has not had a very many neuro consults because the hospitals here are so backed up. So she has not been boarded and does not want to either. She can not work a regular job because the moment she gets stress she get a migraine that last for days. She has to take a naroctic to get some relief.

She has a phsyical scheduled late next week. Any thing that she need to ask the doctor to do, or order. She will be going back to be a traditional reserv.

She also has the following medical issues as well

Back Pain ( They would not order a MRI by they wanted her to do PT, she went about 3 times but she said it was hurting her she stopped going)Knee Pains ( She hurt her knee a couple of years ago and has a LOD for it

PSTD? ( I am not a doctor) She does have a previous note of adjustment disorder when she miscarried a set of twins

Sexual Abuse ( Right before I meet her, while she was on oders she was raped by one of her family members)

UTI's

Flat feet from wearing thoses boots.

She is a good woman and a work-a-holic. Her unit abuses her. She can be on leave and they will call her in to do something. She stays late and comes in early.

Since she has been on orders she has become a different person. Only concerned about work. She does not take care of herself anymore. Her eyes are bad from sitting at the computer so much. She types so much at work you can see her rubbing them when she comes home. She takes care of everyone else. I do understand Service Before Self, but she is literally killing herself. Last week her unit told her they were taking her off orders. She does not know why. Just a bunch of rumors. She had started to have chest pains and will not go to the doctor because she is afraid of getting boarded.

She is so tired when she comes home that she has no patience for me and our children.

What do you all recommend to ask the doctor for in her Pysical Exam? I am going to the doctor with her so I will make sure she gets squared away. I plan on having her put in a VA Claim after her orders are finsished.

Any recommenations... Anything you all can think of that will help

Please

Thank you

[Pete53]

It sounds to me that your wife is not in the kind of shape to continue this type of work and should be medically retired with benefits but most important she needs to be treated cause it is only going to get worse if untreated.

Good Luck

[Berta]

Why is she afraid of being boarded- I assume you mean a MEB?

I can understand that to a certain extent-

but it seems she is already having problems that will impact on her employability when she is a civilian-problems that VA could compensate as to their affect to her ability to work---with inservice nexus.

She might have PTSD but as you said you are not a doc and neither are we- she would need a diagnosis of PTSD in order to pursue a claim for it.But she should claim it of course,and any of the other conditions.

It looks to me that she has many physical and emotional issues that need to be recognized in her discharge physical.

And the VA will require an inservice nexus (link) for anything she claims.

Make sure when she does leave the Mil-that she has a complete copy of her SMRs.

The migraines seem to be well documented in her SMRs.

"She was in the Pentagon when it was attacked she was not hurt physically ..." etc

Does her Personnel file support that-I guess I mean was she working at the Pentagon on duty when this happened?

[MrFreedomforAll]

Yes the migraines are well documented. She has a number of ER visits that would make your head spin.

She works in the medical field and knows the MEB process. I think that is what is holding her back. Plus you know that the system is so messed up. I think that is why she is not getting the help that she needs.

I know that she has a copy of her old orders and she has an award that she was given as well.

Is there anything else she should ask for at her physical.

[out_here04]

just helping with some acronyms:

PTSD Post Traumatic Stress Disorder

MEB Medical Examination (or Evaluation?) Board

SMR Service Medical Records

The following is kind of a repeat of what Berta said, but in other words. Someone please correct any inconsistencies, if necessary, please.

Also, she should get it in her medical records that she needs psych treatment to deal with PTSD (not just other non-service-connected events like the sexual trauma, and especially not anything pre-service--VA likes to hold that against veterans)while activated (like now, if she is still on active-duty orders). The physical would be a good time to make sure it is documented for later inclusion in a VA claim. GET YOUR OWN COPIES and COPIES FOR VA AFTER THIS HAPPENS! (things get lost, as many have unfortunately experienced). What's important seems to be that the doctor puts in writing the service connection for the PTSD stressor (event) and how it affects her. Even though recalling the event may cause her stress, it is important that she has the connection documented. She can get the neuro appointments as time permits, but she needs to get documentation that will link future help to a service-connected event to qualify for VA benefits in the future.

Also, her personnel records should show she was on orders and possibly get that backed up by buddy statement(s)from people who know she was there. (VA has a form, can't remember which) that witnesses verify that she was AT the Pentagon when it was attacked. Performance reports, decoration certificates, etc., can prove that. I had a PTSD stressor event that I never really discussed with psych docs or anyone else, but I was luckily able to track down a former commander who sent in a buddy statement to VA (I still don't know what it said, need to get a copy of my c-file, claim file, for when I got my 100 percent rating last year. The PTSD was not the core of my claim, but it probably is in your wife's case.

As far as trying to keep "toeing the line" and be a good troop, despite possible repurcussions or other servicemembers taking advantage of or even creating a hostile work environment, my psych doc helped me through the "getting out" part by asking me if I would have less stress out of the military (I really wanted to stay in). In the long run it was the best decision for me and the service.

Local VA Medical Centers have PTSD groups that seem to meet one day a week and I just found out that they may even give travel pay to and from (if living a distance away) if she winds up getting rated service-connected by VA once you get that far along in the process.

Otherwise, having experienced similar experiences as your wife, she needs to take a five or ten minute break an hour off of the computer. A stress break will rest her eyes and head and other physical and mental aspects of grinding away at a computer screen. Stress management is important so she doesn't "lose it or go off on somebody" and thus put an honorable discharge at risk. Some VA benefits, I think, others can correct, but require no "OTH" or Other Than Honorable discharge. GI Bill and home loans come to mind.

Later on, when in the VA compensation and pension (C&P) exam process as a veteran she will have her ducks lined up to possibly qualify for up to 100 percent, which is about $3000 a month. Mental ratings, if 100 percent, seem to preclude work or even using the GI Bill. The main thing is that she gets the medical/psych/even financial assistance to deal with her issues that but for military service would not be there.

I hope all goes well. I thank her for her service and you for being a supportive husband.

out_here04

[pacmanx1]

Wow, I am very sorry for what happened to your wife but you are keep saying she had orders when certain things happened to her which may not be considered service related. As to the sexual abuse (raped by a family member) VA may say that this is not military related and could cause depression/PTSD to include the UTIs. On orders during the time of 9/11, unless her military duties required her to be there the day of the incident, I am still not sure if related. A lot of people received awards during this time but I am just not clear about your post. Yes, I am the slow one here and no I am not a doctor but it seems that a lot of things could be the cause of her depression and possible PTSD but they may or may not be service related. Hopefully someone will chime in or you could clarify it for me but I am not sure what VA would say. I think the main thing would be is to get her in to see a psychiatrist and get her a physical and go from there. As to her upcoming physical just have her ask the doctor to check what ever is bothering her like chest pains, knee problems, migraines, stress and anything else.

Edited August 23, 2009 by pacmanx1 (see edit history)

[MrFreedomforAll]

She was on orders starting in April 2001 and then she was assaulted in July ( she went to a miliarty hospital after it happen) and then 9/11 happened she did not get off orders until then next April.

Her orders cover the exact day. At her orders state that location from like April 2001-April 2002. She was working at the Pentagon, she helped with the recovery efforts.

Should I have her get the buddy statements now or wait until later? She has a copy of the award write up, the award and pics when it was presented to her. She was also featured in a newspaper.

[kw34]

If your wife is fimiliar with the board then she knows not to expect much. She will most likely be found unfit and if she does not have 15 years she will be adminstrativly discharged. I went before the board in 2006 found unfit an retired in 2007 I had 20 years. I do not no much about PTSD but I am very fimiliar with the AF Res MEB/PEB process and it is not worth 2 cent. All they wont to do is get her out off the rolls if she is ill. Her fear is probibly because she has seen how they discard members with no support at all. I never even recieved a call from my commander and I was on his staff.

You are in the right place post and the people here will help guide you in the right direction. Good luck! I hope your wif gets the help she has earned.

[carlie]

Should I have her get the buddy statements now or wait until later?

Yes, get the buddy statements ASAP and be sure they have the person's

name,rank,service number,address, phone numbers, what unit and exactly

where they were stationed along with their connection to your wife.

Some people also like to get the signature notorized.

It's real easy to loose contact down the road or a buddy or two die during the claims process.

jmho,

carlie

[out_here04]

Should I have her get the buddy statements now or wait until later? She has a copy of the award write up, the award and pics when it was presented to her. She was also featured in a newspaper.

Here is a link to the STATEMENT IN SUPPORT OF CLAIM, VA Form 21-4138, commonly referred to as a "buddy statement".

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

this is found near the top of the form:

RESPONDENT BURDEN: We need this information to obtain evidence in support of your claim for benefits (38 U.S.C. 501(a) and (). Title 38, United States Code, allows us to ask for thisinformation. We estimate that you will need an average of 15 minutes to review the instructions, find the information, and complete this form. VA cannot conduct or sponsor a collection ofinformation unless a valid OMB control number is displayed. You are not required to respond to a collection of information if this number is not displayed. Valid OMB control numbers can belocated on the OMB Internet Page at www.whitehouse.gov/omb/library/OMBINV.html#VA. If desired, you can call 1-800-827-1000 to get information on where to send comments orsuggestions about this form.

[out_here04]

uh, sans smiley sunglasses dude. that was a b and a ) which i guess means smiley sunglasses dude in cyber-text. although, maybe she'll feel more like that once she's made it past the claims obstacle course. you gotta keep your humor intact.

[carlie]

Here is a link to the STATEMENT IN SUPPORT OF CLAIM, VA Form 21-4138, commonly referred to as a "buddy statement".

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

this is found near the top of the form:

RESPONDENT BURDEN: We need this information to obtain evidence in support of your claim for benefits (38 U.S.C. 501(a) and ( B) ). Title 38, United States Code, allows us to ask for thisinformation. We estimate that you will need an average of 15 minutes to review the instructions, find the information, and complete this form. VA cannot conduct or sponsor a collection ofinformation unless a valid OMB control number is displayed. You are not required to respond to a collection of information if this number is not displayed. Valid OMB control numbers can belocated on the OMB Internet Page at www.whitehouse.gov/omb/library/OMBINV.html#VA. If desired, you can call 1-800-827-1000 to get information on where to send comments orsuggestions about this form.

out_here04,

I'm sure it could be used but in over 30 years I have never seen a 21-4138 referred to as,

STATEMENT IN SUPPORT OF CLAIM, VA Form 21-4138, commonly referred to as a "buddy statement".

A buddy statement or lay evidence from family member's,is usually just go on a plain sheet

of paper, the same as a NOD can be.

Personally I like to use the 21-4138 to list each item,when I submit more than one peice of

additional evidence such as:

1) VAMC ENT treatment record dated XX/XX/XXXX

2) VAMC MRI dated XX/XX/XXXX

3) Letter from employer - Company XXXXXX

Each peice of evidence I want considered, I will list as above on the 21-4138

as a way to try and ensure they have to consider each item.

I also myself, use this form for NOD's, to request a hearing, any additional Support

for the granting of what is being requested.

I just wanted to post that in my opinion, a 21-4138 is not really

"commonly referred to as a buddy statement".

carlie

[sharon]

http://www.tvc.state.tx.us/HTML%20Pages%20...ast_Letters.htm

Va Fast Letter 08-08 change the rules for PTSD diagnosed while on active duty. There is no developement necessary.

[out_here04]

wow, i always thought they were one and the same. i just know i asked and received, via the form, my commander's knowledge of my stressor in support of my reference to a ptsd-causing event i experienced. the commander sent me into the area where i viewed morbid remains. he acknowledged this in the form.

The form has a big block for filling in relevant support statement, precluded by this direction:

"The following statement is made in connection with a claim for benefits in the case of the above-named veteran:"

followed by:

"I CERTIFY THAT the statements on this form are true and correct to the best of my knowledge and belief."

I don't disagree that it could be used as you described, but maybe I'm missing something you're saying.

[out_here04]

i did read the va news release with the secretary of va's statements on what sharon is saying. the process is changing in support of the vet, i guess, and the extent a 21- and/or a buddy statement is needed may become moot, again, i guess. don't want to mislead, just help.

[carlie]

i did read the va news release with the secretary of va's statements on what sharon is saying. the process is changing in support of the vet, i guess, and the extent a 21- and/or a buddy statement is needed may become moot, again, i guess. don't want to mislead, just help.

out,

Oh - yes,yes,yes, buddy statement's will still be needed by many.

The 8/08 fast letter only changes the rules for PTSD diagnosed while on active duty.

So if the claimant is not actually diagnosed on AD then buddy letters

will still be quite handy.

carlie

Edited August 25, 2009 by carlie
more info. (see edit history)

[MrFreedomforAll]

So I go to pick up my wife today at work and her eyes are blood shot red. I asked her had she been crying and she nodded while we walked out the door. She had been talking to her supervisor and they were having a heart to heart behind clothes doors. But the commander was there and had said nothing to her all day when she is normally up in my wifes face. I guess she may know that my wife is upset with the whole orders situation. What I gather from my wife an other people that work in there is that the morale is lower than the floor.

The commander is a type of women that is out for revenge and blood and will make it bad for everyone else. Not to mention all of the backbitting and stabbing that is going in her unit.

She is uncomfortable just being there.

Her doctors appointment was rescheduled for sometime in Septemeber. She says she cant even concetrate or focus on her work. She cant bring herself to do it and its becoming annoying. Her orders end 30 Sept and she has over 60 days of leave on the books. Can they deny her leave? I am afraid that she will not be able to hold her temper and may snap. Her temper is pretty firery and she has been maintaining her bearing all this time.

They do have government jobs at her unit GS 5, 6,7. Someone mentioned for her to take the job because it is a reccesion and the need for health care. I dont know if you have ever heard of ARTS.

What do you all think?

[Maurice]

ART are Govt. Jobs that you work with the Reserves and you still wear the AF uniform and drill one weekend a month. I should had join when I was in the Army reserves. Good luck

[JADMP]

I am sorry to hear about your wife's conditions.

First, if she is dead set against an MEB/PEB, then this may be moot. But, the potential benefits are large. Depending on the outcome, she may be retired immediately. If she is unfit due to a highly stressful event (combat or otherwise) she will get a minimum of a 50% rating (temporary, for at least 6 months) See VASRD Section 4.129 . If retired, she and all eligible dependents get TriCare coverage. If she receives a combat related finding, she may be eligible (most likely will be) for Combat Related Special Compensation (which will decrease any offset between DoD compensation and VA compensation). Finally, the records and findings of the PEB may help with both service connection and arguing for an award with the VA.

I have to respectfully disagree with kw34; "She will most likely be found unfit and if she does not have 15 years she will be adminstrativly discharged." 15 years is not a factor. You can be a recruit on the way to training and still be retired. In your wife's case, a minimum rating for PTSD would be a temporary 50% (30% is the threshold for retirement).

There are substantial benefits to going through the Disability Evaluation System while on orders. There are presumptions about conditions that apply while on orders that are lessened while in a drilling status (and other substantial benefits, such as the "eight year rule" which applies while on orders and makes otherwise non-compensable conditions compensable).

[JADMP]

One other point for emphasis, a line of duty determination by the Service (which would be a necessary part of an MEB/PEB) will make service connection almost assured at the VA.

"(m) In line of duty means an injury or disease incurred or aggravated during a period of active military, naval, or air service unless such injury or disease was the result of the veteran's own willful misconduct or, for claims filed after October 31, 1990, was a result of his or her abuse of alcohol or drugs. A service department finding that injury, disease or death occurred in line of duty will be binding on the Department of Veterans Affairs unless it is patently inconsistent with the requirements of laws administered by the Department of Veterans Affairs." 38 CFR 3.1

[kw34]

JADMP,

I speak from experience and can give you the name of several people who will say the same thing. The AF board is totaly different from the Army board. The AF RES will only evaluate you for fitness to go further the formal board you have to pay your own way and they will discourage her from seeking the board. AFI 36-3212 will determine how she would be seperated (see below)if found unfit. I dont doubt that with the help of hadit Mrs Freedom will gain service connection but I think she is very aware of what to expect from the PEB/MEB. JADMP you may be thinking from the AD stand point it is totally different in the AF reserves.

8.18. Inactive Status List (ISL) Transfers. Per 10 USC 1209, ARC members approved for disability

discharge under 10 U.S.C. 1203 or 1206 and who have 20 or more years of satisfactory federal service

computed under 10 U.S.C. 12732 may elect either disability discharge with severance pay, or transfer to

ISL with retirement at age 60 under 10 U.S.C. 12732. Per 10 USC 12731D, Selected Reserve members

who have 15, but less than 20 years satisfactory service, the last 6 years of which was Reserve duty, may

apply for early qualification for retired pay at age 60.

Edited August 26, 2009 by kw34 (see edit history)