"MH and the Military Physical Disability Evaluation System (PDES)"
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by: Bruce
on 1/19/2008 at 6:03:06 PM
First, if you are thinking about entering the military and have a family history of MH or personal history of MH, DO NOT ENTER!!! You will fail. Unless you can prove you have tested negative for MH through a muscle biopsy.
If you are in the military and get diagnosed with MH, your career is over unless you have at least 18 years of active duty but less than 20 years. But your career will be stagnated because you cannot be reassigned or promoted during that time.
The VA has no disability rating for MH. In fact, according to DOD Instruction 1332.39 and the Veterans Administration Schedule for Rated Disabilities (VASRD), MH is generally associated with the edocrine system, under VASRD diagnostic condition codes 7999 - 7900. This classifies MH in the VASRD somewhere in the endocrine system as something that has to do with your glands. We all know it is not a "gland" disorder but a muscular disorder with awake symptoms generally associated with it like muscle cramps and pain.
If you are facing an MEB/PEB, make sure your evaluation reports state that your MH is causing hardships with your performance of duty. Also, your commanders letter must also state your dificulties, not just retire because not fully deployable. Your letter should also state your difficulties and your desire to be medically retired. Why? Because that is what the PEB will look at as evidence that you are disabled and it effects your duty performance enough to warrant the disability to end your military career. That will allow you to receive a medical retirement or severance pay if you are deemed under 30% disabilied by the PEB. If the PEB finds you fit, you will get stagnated and most likely, discharged administratively because you will be labled as non-deployable in a worldwide field environment, no matter the outcome of your PEB. If you are seperated administratively after the MEB/PEB finding of fit, you will not receive even a severance. You will be dropped like a bad habit by the military administratively. Thanks for your service and good bye.
The hard and cold truth is the military does not want you if you are damaged non-worldwide field deployable goods. No matter how good your evaluation reports are.
The VA should be petitioned through congress to recognize MH as a disability. They will say it is an inherited condition that they will not rate. So is diabetes and diabetes is ratable by the VA as well as many inherited conditions.
If you have 18 years of active duty but less than 20 years, you are protected by the sancuary law under Title 10 United States Code (USC) 12686(a). By all means, push to be retained. You can be medically retired but you cannot be involuntarily administratively seperated without the approval of the Secratary of the service you are in, if you are found fit for duty by the PEB.
I hope this helps, I am sorry there is no military support for us. You will have a long and frustrating journey ahead of you. I am proud to serve my country, but I am disapointed that damaged service members get the shaft. I hope that someone with the power to lobby for changes with the VA reads this post.
by: Sarah
on 1/24/2008 at 12:48:39 PM
You are exactly right on everything you have said about the PEB process/DES. The only way that anyone would ever receive disability pay/medical separation is if you have had a full blown MH episode and (emphasize) it adversely affects your day to day duties. Assignment limitations will not be considered. Although I believe this to be wrong it is the policy (atleast for the Navy). I have been through 1 MEB and 3 PEB's within the last year and was ultimately found "fit for continued naval service". Now I am going through the administrative process and expect the final decision to be made within the next day or early next week. I am so relieved that this whole process is coming to an end but disappointed with the system and how it is handled. I felt at my formal PEB like I was being put on the spot and was almost laughed at because I was there and had never had an episode, just a family history and positive muscle biopsy. That really upset me because I never asked to go through this process...I had no choice. I only requested a medical separation because I knew if I didn't that ultimately I would be separated anyways.
On another note I disagree on one item. People that have greater than 6 years of military service that have been diagnosed with MH will receive administrative separation pay if you are involuntary separated. I have already read the instructions (speaking for Navy) and spoken with a lawyer months ago. The separation will be classified as "Separation by Reason of Convenience of the Government- Physical or Mental Conditions" per MILPERSMAN 1910-120. Also, and this is important... Per the guidance in this instruction listed above and MILPERSMAN 1920-040 "Involuntary Separation Pay (Non-disability) - Eligibility Criteria and Restrictions" personnel are normally only qualified to receive 1/2 separation pay for a "Convenience of the Government" administrative separation, however, there is also a clause in there that could award full separation pay to personnel with MH because it is hereditary, but it appears you have to request it....See below. I will let everyone know within the next week what my final outcome was on separation and pay. The only advice I can give is read all the medical and administrative instructions. Know the policy and your rights because no one doing your paperwork probably will. If they do then you are lucky. The exerpt below was taken from MILPERSMAN 1920-040 regarding full pay vice 1/2:
Policy Exception: The Secretary of the Navy (SECNAV) may award full separation pay to a servicemember who would otherwise be eligible for half pay. Such payments will only be granted in extraordinary instances when the specific circumstances of the separation and overall quality of the servicemember’s service have been such that denial of full pay would be clearly unjust.
Example: A servicemember with a congenital or hereditary disease who is involuntarily separated for convenience of the government, but who is not eligible for disability severance pay, may be considered for full separation pay
Thanks for your input Bruce. The best we can do is try to help guide others so they know what to expect since it is such a lengthy and confusing process.
by: Bruce
on 1/26/2008 at 5:48:34 PM
You are right about the non-disability severance. It is driven by federal statute so all services must have the same policy. The negative aspect of it is it will be 100% taxable because it is not concidered a "disability". It will be taxed around 40%. That will add insult to injury but it is better than nothing.
I did a congressional complaint last week and I would incourage everyone to do the same. My congressional is to try to get the VA to recognize MH as a disability in the Veterans Administration Schedule of Rated Disabilities (VASRD). Service members are losing their careers for a disability that the VA and the services are treating as not a disability. The PEB says you are not disabled and the services say you are because they limit your deployability. It is totally unfair. I am fortunate enough to be protected by Title 10 USC 12686(a) because I have 18 years but less than 20 years of active service. Most are not that fortunate.
Good luck in your board Sarah, I am rooting for you.
by: Sarah
on 1/28/2008 at 8:30:38 AM
Can you please let me know what POC's, websites, policy that you have been using to contact Congress. I have not went that route yet. I would just like to see the policy changed for future personnel put in the same situation (for all conditions not constituing a disability in the PEB's mind). I know Congress does realize this issue and is in the process of trying to change it.
by: JB
on 2/18/2008 at 4:01:32 AM
by: Sarah
on 2/28/2008 at 6:28:47 AM
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