What Are My Rights?

[gineric12]

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.

[john999]

Wings

That was a good link. Often times soldiers feel alone and at the mercy of the powers that be in the chain of command. When I was having problems back in the bad old days I knew nothing and had no idea about counsel or having representation. At least having some idea of what is coming at you and what your rights are is a big help.

John

[Wings]

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!

Dealing with veterans issues year after year will turn you into an attorney - of sorts lol!

I hope you get the help you need and deserve. It's great to see you so involved in your case! ! Keep us posted! P.S. Don't sign anything until you speak with an attorney ;-) ~Wings

[jimmy]

Did you get a Permanent Profile for your back? What were the results of the MMRB -- did it refer you to a MEB? Has your condition changed since then?

The Commander doesn't initiate the MEB. He can refer you to a MTF for an exam, but it is the MTF that initiates the MEB. So stay on top of the pain management doctor. You shouldn't be referred to a MEB until a Soldier has received maximum benefit of medical care for a condition which may render the Soldier unfit for further military service.

You need to remain positive throughout the process. There will be a hearing and appeals if you are found unfit. I haven't experienced any PEBs, but have on the MMRBs. When the soldier has a positive attitude, really expresses there desire to continue service to their country, and can fight through the pain to do their jobs-- all have come out OK. And I thought many of the soldiers had no chance.

[gineric12]

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.

[john999]

Can you get a civilian military lawyer to represent your rights in all this? At least you would know if you had any rights. You can probably consult for free. They usually have those kinds of lawyers around larger military facilities.

[Berta]

John-I would think they have lawyers right on the base-

I wouldn't want some 90 day wonder but I am sure there are some bonafide real military lawyers you could consult with.

I am a civilian so I dont know if you contact a JAG or what- but still I think you have the right idea- get the proper and highest rating you can now- before you have to deal with the VA.

The Movie Men of Honor was about a Navy Scuba diver who lost his leg and returned to duty in the Navy-it was based on the real life story of Carl Brasher.

This incredible veteran certainly found a military lawyer while still in the Navy and is remarkable beyond what he ended up doing- continuing his career as a disabled Naval diver.

http://www.hilltoptimes.com/story.asp?edit...mp;storyid=3973

"In 1970, Mr. Brashear was assigned to Washington D.C.'s, Experimental Diving Unit where he became a Master Diver, the highest possible rating. He was the first black sailor - and the first amputee - to hold that rating. "

Just a little from the link and don't miss this movie -it should be seen by all high school students.

And the movie is not even close to what he went through.