Legal Options For An Injured Member Of The Military

[cp79shark]

I'm active duty and I have deployed twice to Iraq. Upon my second return I developed two chronic medical problems. One of these conditions is an automatic Medical Evaluation Board (MEB) which will determine if I am found unfit for continued service and if so, what percent I am disabled.

My issue is that a process that should have taken no more than a couple months has been going on for a year now. I have been lied to about procedures, given the run around and flat out ignored by the medical "professionals" responsible for processing the case. They have failed to put me through a MEB twice now and I'm once again in the process that will presumably fail. This has essentially placed my life and career on hold, as I am unable to do much else than blink by regulation while waiting for the results of a MEB.

I've contacted my state elected officials for assistance, as my patience has run out. However, I wanted to see if there is anything I can do legally in regards to both getting the situation resolved and secondarily, if I may be entitled to any compensation as a result of my conditions being potentially linked to the conditions in Iraq, etc, etc.

I'm not in this for the money. I had a full package ready to go to get my commission and make a career out of the military just prior to my diagnosis. I wanted to stay in. However, I will have to live with this for the rest of my life, and if there is anyway to get some sort of compensation for that, then I don't feel that is entirely wrong.

[Mr. Knowitall]

My issue is that a process that should have taken no more than a couple months has been going on for a year now.

As you are no doubt painfully aware, the system is overwhelmed.

I've contacted my state elected officials for assistance, as my patience has run out.

I hope they are able to get things moving for you.

However, I wanted to see if there is anything I can do legally in regards to both getting the situation resolved and secondarily, if I may be entitled to any compensation as a result of my conditions being potentially linked to the conditions in Iraq, etc, etc.

If you are disabled as a result of military service and are released from active military duty with an other than dishonorable discharge, you may be eligible for service connected disability compensation based upon the severity of your medical condition. If you have dependents you may be eligible for an additional allowance.

[cp79shark]

As you are no doubt painfully aware, the system is overwhelmed.

I hope they are able to get things moving for you.

If you are disabled as a result of military service and are released from active military duty with an other than dishonorable discharge, you may be eligible for service connected disability compensation based upon the severity of your medical condition. If you have dependents you may be eligible for an additional allowance.

Hi Mr. Knowitall,

I understand that is probably the case at the VA or DoD level, however, this is at the Air Force and local to my base level. I can assure you, locally, they are not overwhelmed. Every time I've gone to their office I am greeted with a premiere example of laziness and inefficiency. Even at those higher levels there are gross inefficiencies.

Thanks, I am aware of my VA benefits. My question was directed at compensation outside the system. This is not a combat related disease. Likely, it is a result of poor QC in items such as drinking water, food, facilities, etc provided by contractors such as KBR.

[bigcountrysg]

Hi Mr. Knowitall,

I understand that is probably the case at the VA or DoD level, however, this is at the Air Force and local to my base level. I can assure you, locally, they are not overwhelmed. Every time I've gone to their office I am greeted with a premiere example of laziness and inefficiency. Even at those higher levels there are gross inefficiencies.

Thanks, I am aware of my VA benefits. My question was directed at compensation outside the system. This is not a combat related disease. Likely, it is a result of poor QC in items such as drinking water, food, facilities, etc provided by contractors such as KBR.

Although you may not be aware of this. Medical Evaluation Boards are reviewed in DC. Yes you see the board at your local base. But there findings are sent to DC to be reviewed again. Then the decission is sent back to the Evaluation Board. Which then releases to you the decission of the review board. Depending on your condition or illness or injury. This could be a very long process. As there is no statue of limitations on this. I have seen Military Personell held on active duty for up to 1 year after their EAS date. Doesn't matter what branch of service all Military Medical Evals are done this. How ever Physcheatric reviews have priorty because they want to get those done and out of the way. Plus those are usually faster to resolve.

[usedbranflakes]

...and I thought the food over on Army bases in Iraq was bad...
...this confirms it. KBR likely has a hand in the delay as they don't want their name sullied AND they don't want to have to pay the claim that will come through subrogation from the AF's insurance.
...I thought the AF had so much water that they filled swimming pools with it.

In all seriousness, push forward with the OTS packet and see what happens. If you are disabled as an O-1E life will be much easier. The AF shits on it's enlisted all the time. They have 50,000 people to shed and I am surprised that they are not trying to shed your headcount!

[cp79shark]

Although you may not be aware of this. Medical Evaluation Boards are reviewed in DC. Yes you see the board at your local base. But there findings are sent to DC to be reviewed again. Then the decission is sent back to the Evaluation Board. Which then releases to you the decission of the review board. Depending on your condition or illness or injury. This could be a very long process. As there is no statue of limitations on this. I have seen Military Personell held on active duty for up to 1 year after their EAS date. Doesn't matter what branch of service all Military Medical Evals are done this. How ever Physcheatric reviews have priorty because they want to get those done and out of the way. Plus those are usually faster to resolve.

Actually, I live near DC, but with the AF, the final decision is *initially* up to doctors in Texas. If you decide to challenge their findings, then your appeal is taken up by HAF in DC.

My base is in a piliot program, where the only step that is really different is I go tell a doctor at the VA hospital in DC how I feel. That's it and it adds up to two months time to the process.

I've got my senator involved and the hospital received his inquiry request and surprisingly, called me to sign a release form so they can proceed. Supposedly they are cleaning up the process and have hired new officers and fired people. I'd say that's simply acknowledging the process, or lack thereof, is broken. I have a meeting with the new Major in charge, not sure he is ready for me.

[cp79shark]

...and I thought the food over on Army bases in Iraq was bad...
...this confirms it. KBR likely has a hand in the delay as they don't want their name sullied AND they don't want to have to pay the claim that will come through subrogation from the AF's insurance.
...I thought the AF had so much water that they filled swimming pools with it.

In all seriousness, push forward with the OTS packet and see what happens. If you are disabled as an O-1E life will be much easier. The AF shits on it's enlisted all the time. They have 50,000 people to shed and I am surprised that they are not trying to shed your headcount!

I wish I could push forward with OTS. Even after everything I've been through, if they told me I could apply, I would.

However, I am marked non-worldwide qualified, so instant-no as far as OTS is concerned. The whole 'there's a waiver for everything', not sure it really applies.

Those cuts are exactly the reason I'm sure I'll be given the boot. No matter how overqualified/dedicate I am for/to my job.