Create account / Log in to reply

I was diagnosed with MH almost 6 years ago while I was in the Navy due to family history. I was not aware that it was disqualifying until I had to have the testing done. I was never asked about it when I joined. It was during the pre-op screening and biopsy that I learned most of what I know now. I was retained onboard a ship for 2 years, passed my 5 year physical, sent overseas, and allowed to reenlist with MH in my medical record. I always kept the letter in my medical record and listed MH on many questionnaires. Most docs didn't seem to know much about it or question it. Almost a year ago an anastesiologist here in Italy learned about my condition and directed an MEB. The MEB recommended a PEB, which found me "fit for duty". What that means is that they determined that I could do my job. Unfortuantely I will ultimately be administratively separated if the PEB does not reconsider and find me unfit with a medical separation. I am in the Appeals process now. The reason is because I now have several restrictions to include non-deployable, not suitable for operational duties, non worldwide assignable, and PRT restrictions. So even though I was found unfit I will most likely get shafted in the end. I don't understand the system and how it can do this to someone. The mistake was not on my end but on the medical system. I was allowed to continue 6 years of my career and now I am almost halfway to retirement. I will end up being involuntary separated no matter what. It is unfortunate that instead of receiving a reasonable compensation and favorable discharge that I might receive an administrative discharge. It hardly seems fair because I don't understand how such a decision can be made if I have all those restrictions and will ultimately be separated either way. That is a fact because I have already spoke with BUPERS and a lawyer and have been told the same thing. My only hope is the PEB considers the entire situation and reconsiders. In this day there is just no room for non-deployable sailors and soldiers. I still have hope that the PEB will reconsider and find me unfit, not because I want to get out, but because it is the only fair decision that I can think of and someone should take responsibility. I wanted to put this on the message board for those of you that may end up in the same situation. I have no anger towards the doc that directed the MEB. He was doing that because he felt it was in my best interest and he had my safety in mind. It is only that fact that I was allowed to continue my career for so long in hopes of retirement and then to now have this happen that I thing is wrong. For those of you that have been diagnosed and have MH be aware that you will most likely end up in the same situation...hopefully not. My case has not been finalized yet but I will post the final outcome within the next 2 months which is when I should know for sure. If anyone else went through a PEB please post your outcome. I saw a couple of postings from many years ago where they were kept in as non-deployable, but times have changed and with everything going on nowadays that is not the case so don't count on it. Bupers will not billet you if you are up for Sea Duty. It is possible to be retained until your EAOS if you are up for Shore duty but you won't be able to reenlist. Bupers is pretty attimate on this. That is it for now but I'll be back on here when a final decision is made.

Create account / Log in to reply

My husband was the one who put the message on several years ago. Well, he is still full-time in the Army and is suppossed to be on non-deployable status. His commanding officers have given him a lot of crap about this and he has been passed over for promotion because he cannot be deployed. The strangest thing is that even though he is not suppossed to be deployable his commander has put him on the next list of those being deployed to Afghanistan in February. We are waiting it out to see what happens. He has only 2 more years to retire so we hope that nothing changes until then.

Create account / Log in to reply

Sarah,

I'm sorry to hear of your situation...

You might try to contact:

Sheila M. Muldoon, MD Uniformed Services University Bethesda, MD

She does a lot of work w/ the MHAUS organization and is very familiar w/ the military regulations regarding MH....just a thought.

Good luck to you....

Steve

Create account / Log in to reply

Sarah,

I would highly recommend that you contact Raymond Toney Attorney at Law. He speciallizes in military law and is expert in MEB/PEB council. He did not charge me for talking with me about my issue and he charges reasonable fees if you decide to have him represent you. He is located in New York City. His email is rjtoney@rjtlaw.net. Sheila Muldoon is also a great reference. Make sure you know your rights and the regulations before you go into this thing. Good Luck.

Create account / Log in to reply

You stated above: "I was diagnosed with MH almost 6 years ago while I was in the Navy due to family history."

According to your statement above, I assume you have not been tested to have MH ruled out. I don't understand how you could have been subject to go through an MEB/PEB process to begin with. That should have been initiated after you were tested and the test came out possitive. The easiest fix for you is to have your commanding officer request that you be tested at the National Naval Medical Center in Bethesda, MD. Dr Sheila Muldoon could help you accomplish this. There should be no grounds to seperate you on a hunch of MH susceptability based on "family history". That is like seperating you for diebeties because you have a familiy history of it. We all know that you are never seperated for a family history of diebeties unless you are proved to have it. MH should be no different. You are being violated and I would recommend you send a memo through your chain of command to your medical officer to request that you be sent to Bethesda, MD to be tested for MH. You also have other rights and I strongly suggest you contact Mr. Toney as I posted earlier for legal advise/representation.

Create account / Log in to reply

Just wanted to give an update on MEB/PEB process for anyone that may go through this in the future. I was found "Fit for Duty" again by my second informal board but have been granted a Formal Board in D.C. I am going probably sometime in October to appeal the fit finding and request to be found "Unfit" in hopes that I will receive a medical separation so that I don't end up administratively separated for MH. I have already had conversations with detailers and they have said they will not billet me if I am assignment limited since I am due to rotate to sea. So the process goes on. I will post again once I return from my appeal with the outcome of the board.

Create account / Log in to reply

How do you appeal a fit finding? A fit finding is suposed to be in your favor. According to Army Regulation on PEB's, there is no appeal for a fit finding. That has to be uniform across the services because all PEB's are governed by DOD Instructions that are governed by federal statutes.

Create account / Log in to reply

Bruce.

I am in the Navy which may mean they have slightly different policy. SECNAVINST 1850.4E discusses the Navy policy. You can request a reconsideration and/or Formal Appeal with a Fit finding, but it is not a right and it can be denied. Mine was approved and I was sent to D.C. So I actually appealed twice with a Fit finding. At the same time a guy that I worked with was found fit (different medical condition) and they denied his appeal. Ultimately I was found fit again. I just found out yesterday. Read one of your last posts before this topic and I wrote it all in there....

Create account / Log in to reply

Can you tell me if you are being adsep after being fit for continued service? I am in the same situation. Thank you.

Create account / Log in to reply

Jason,

Sorry it took so long for me to get on here. In a shocking turn of events they decided to retain me I believe due to the fact that I have multiple critical NECS so I ended up being more profitable to them than they originally expected or considered. I am non-deployable\non-worldwide assignable and have that permanent classification. I do not know whether I will be allowed to reenlist but am not being separated. I am being transferred stateside next month. Please email me at sarah.sendrey@eu.navy.mil so we can discuss your situation further. I am very familiar with all policy and processes involved.

Create account / Log in to reply

I sent you an email to your address. Thanks for the info. That gives me hope. I will have an admin board real soon. Please send more info to my other email: treknboyd@yahoo.com

Create account / Log in to reply

HELLO. I WAS IN THE U.S. AIR FORCE, AND BACK IN 1984, I WAS HAVING MY SHOULDER OPERATED ON WHEN I HAD AN EPISODE, LATER FINDING OUT IT WAS MH. I HAD A PREVIOUS SHOULDER SURGERY WITHOUT AN EPISODE, 6 MONTHS PRIOR. ANYWAY, I WAS SENT TO THE UNIVERSITY OF TEXAS, AT GALVESTON FOR THE MUSCLE BIOPSY TEST, AND WHEN IT CAME BACK POSITIVE, I WAS DISCHARGED, HONORABLY UNDER MEDICAL CONDITIONS, THREE MONTHS LATER. WHEN I RETURNED HOME. I WENT TO THE VA TO FILE FOR DISABILITY COMPENSATION, AND WAS TOLD THAT MH IS HEREDITARY, AND THAT THE VA WAS WAS NOT RESPONSIBLE. THANKS!

Create account / Log in to reply

Bruce,

Thanks for your responses. I actually was diagnosed through a muscle biopsy at Bethesda Maryland nearly 6 years ago. I was sent for the biopsy because I needed jaw surgery and during my pre-op the Navy surgeon said that I had to be tested before he would do the surgery due to the family history. That was when I was informed about all the hereditary aspects and the problems it would probably pose for future service, but 6 years passed and nobody seemed to have an issue with it. It was in my medical record and I listed it on physicals and such. They say I just slipped through the cracks but I don't find that to be fair now in light of everything. I just wish someone would take a little bit of accountability on the situation. I only want a fair and reasonable separation if it comes to that and I fear in the end I will end up being administratively separated due to the non-deployability which hard seems fair considering the circumstances. I guess I just feel that the whole MEB/PEB process and BUPERS unsuitabilty issues need to be worked out. All of this should be determined at a PEB. Why is it that you can be found fit and then subsequently admin discharged. I understand how the policy is laid out but it seems a little unfair, especially if MH is listed as a condition that is cause for referral into the DES. Why then can service members be separated with it being considered a "non-disabilty". I think it is not MH that is the problem but the system. Navy times had an interesting article recently that talks about all this. Check out this link. It is pretty interesting and unfortuantely will probably be what many more service members will have to go through. http://www.chinfo.navy.mil/clips/21aug07.doc#Booted

Create account / Log in to reply

Hello, I am the person that the story you linked to is about. Have you had your PEB yet? Depending on how the service plans on treating you afterwards will help you determine which way you would want it to go. If the Navy is already stating that you will be restricted in duty assignments then you would likely be better of with an Unfit finding. Depending on the years of service and the percentage will establish if you are separated with a severance check or retired. There is presently legislation that is trying to change at what point in your career "existed prior to service" can be used against you. The story you are linked to is a very condensed version of the original version. I would like to assist you in the process in any way if I can and Lt. Col Michael Parker (Ret) has also offered his assistance once he finishes some other cases he is working on. He has helped me out alot and has testified before the Veterans Disability Benefits Commission. He set me up with Mr McMichael for the story. Please email me at kstein94@yahoo.com

Create account / Log in to reply

Here is a section of text in H.R. 1585 that has been passed by the Senate but must still be agreed upon by the House before it goes to the President.

SEC. 1651. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR DISABILITY.

(a) Retirement of Regulars and Members on Active Duty for More Than 30 Days- Clause (i) of section 1201(b)(3)(B) of title 10, United States Code, is amended to read as follows:

`(i) the member has six months or more of active military service and the disability was not noted at the time of the member's entrance on active duty (unless compelling evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty);'.

(b) Separation of Regulars and Members on Active Duty for More Than 30 Days- Section 1203(b)(4)(B) of such title is amended by striking `and the member has at least eight years of service computed under section 1208 of this title' and inserting `, the member has six months or more of active military service, and the disability was not noted at the time of the member's entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty)'.

Create account / Log in to reply

Kevin,

Thanks. I sent you an email to your yahoo account.