Facing Discharge?

Question

Ok...I have been in for 3 years (Army). I have totally messed my back up to where I cannot run anymore with back spasms and my back locking up. Therefore it is keeping me from working out. I recently busted tape and now my First Sergeant says 60 days and if i haven't lost anything I am out of the Army. My question is, what do I do? I feel like i am being anally raped by the Military. They broke me hardcore and now they do not want to fix me. I will be getting an honorable discharge but Im trying to fight a Medboard. Any suggestions?

for one thing, i go to work everyday. I Love the military. I never once complained about being in the military. Hence why I have been fighting this for over a year to fix me! I joined in '04 to defend my country. I did not know I would go through this stuff.

Answer 1

3 years of completed service is automatically considered to be service aggravation when it comes to determining the extent of your injury or illness and what compensation you will receive for it. First, you will be evalauted by a medical board. If that board finds you to be physically unqualified for continued service, their report will be sent through the Army' Physical Disability Evalution System for a determination of disability rating. If you are rate at 20% or less, you will be given an honorable discharge and severance pay. If it is 30% or more, you will be placed on the Temporary Disability Retired List and will be re-examined every four years to see if your condition is getting better. During that time you will a retiree's ID card and will retain all base privileges and medical care at both military facilities and through Tri-Care.
Don't fight the medical board. Fight with the disability board if they rate you too low. Contact the nearest DAV post and ask them to make contact for you with one of their Field Service officers. They are experts on military disability matters and won't charge you a dime for their help.

Answer 2

I don't know about army med boards, but I spent 22 years in the navy and never saw a single guy fight one and win. Instead of trying to fight it you might want to concentrate ALL your efforts on getting rated at least 30% disabled at the time of your discharge.

Also, get your hands on your medical records. Copy everything, from the first page to the last. If you can get your X-rays and MRI film have them copied too. Copy every email, letter and memo you can lay your hands on that concern your physical condition. If you have to battle the VA, later, you'll be glad you have this stuff. Odds are the army will "lose" it.

Answer 3

Take the Med Board and get as high a disability rating as possible. If you can get 30%, they will disability RETIRE you. Same blue ID card I have, only you did 17 less years to get it. Don't fight it, that will only lower your rating. Accept facts, present the worst disability picture possible, get your disability retirement and move on.

When you are assigned counsel, make sure they know you're gunning for the 30%. You might also want to talk to the Disabled American Veterans or other counselors in your area. They know about VA claims, and the MEB process uses the same list of disability percentages.

Look up your disability code in the VA Schedule for Rating Disabilities (38 CFR Part 4). They should be telling you a specific code on your MEB paperwork; your counsel should be able to help you find it. Look at the descriptions for each percentage. Make sure you aren't "shorted" on your percentage.

I was my wife's counsel for her MEB. I got her the 30%.

MSgt USAF (Ret)
Judge Advocate General's Corps

Answer 4

If you are overweight then this is because you are eating too much. It was not your back problem that caused you to gain weight - it was your eating habits.

What you need to do is go on a diet. Nobody is trying to rape you. The standards are there and all soldiers are expected to meet them.

BTW - I was diagnosed with asthma in 1996 and fought a medboard, and won. (Scoring 285 on the APFT helped.)

Answer 5

In the Army (an the rest of the world in one way or another) it is all about documentation. You say your back is messed up. Is it in your medical records? If not, it's not. Go see the doctor a LOT. Get good documentation.

Answer 6

Call Jenny Craig. Just kidding. You can lose weight without working out...it's slower, but you have to watch EVERYTHING you eat. Lots of proteins...low carb, low sugar. Try a diabetic diet. Good Luck soldier. Can't they just let you drive a desk?
Seems they should be trying to keep whomever they can.

Answer 7

have you BEEN TO MEDICAL?! have you been seeking treatment for the back injury? if not, it's your own darn fault. If you are on Profile and under doc's orders not to work out, you get a free ride on passing tape/weight until you are cleared.

Answer 8

Lose weight. See? Simple.

Answer 9

try getting cortisone shots directly in your spine! it should give you some relief!

Answer 10

Get out while you are still alive!