Do I have the right to request to be evaluated by a medical retirement board?
I’ve been in the navy for six years and for the past year have been having panic attacks that have made it difficult for me to function and do my job.Base medical and my command have been jerking me around and I have’nt gotten any real answers.What are my rights?Can I demand to be medically reviewed for either a med sep or med ret?
You will only be reviewed if sent there by the people treating you.
In general the military will not release somebody if they feel that the condition can still be treated.
Comments
Comment from vvatc05
Time January 7, 2010 at 1:25 pm
In order to be considered for a medical separation you must have a condition that disallows you to do your job. This must be documented by Naval Doctors, and if treatable, you will have to fulfill your obligation.
I have been through the process of being medically retired, and I will let you know this. What you are going through now is normal. Ensure that everytime you go to medical, you get documentation for everything.
Also, there is not just one doctor making the decision if you should be discharged. You will be evaluted by your primary doctor, and then he will write up a med package that goes to a med board. That med board makes the final decision.
If the board’s decision is to medically discharge you, you will not per say be out yet. You will go on the TDRL (Temporary Disabled Retirement List) for 5 years. During these 5 years, every 1 1/2 years you will again be reevaluated. Your case will again go before a med board and they will determine if you are fit for duty, where you will then be put back on active status, or they decide that you should be reevaluated again in 1 1/2 years in which case you will still be on TDRL. Lastly, they could find that your condition will not change and they will put you on the PDRL (Permanent Disabled Retirement List), whereby you will then be medically retired.
It takes awhile. I hope this helps ypu out. As for your Command and Base Medical, if you do have problems with them use your chain of command to help you out. You should not be put in a situation that endangers you or your shipmates.
ACC(AW/SW)
USN ret. 100% Disabled
References :
Comment from desertviking_00
Time January 7, 2010 at 1:33 pm
The medically retired Chief gave you good advice. Let me add another way of getting the process started. Under Article 138 of the UCMJ you have the right to a request Mast to seek redress of your grievance. Use that tool available to you. Lay out your case to your skipper with the documentation from your health record. He can order you to appear before a medical board to determine your fitness for service. Since you have completed three years of service, under the law there is a presumption of service aggravation of your condition. So, the medical board report should be referred to the Navy Central Physical Evaluation Board for a determination of disability rating. If the medical board does not make such a recommendation, you have the right to rebut that recommendation and force the board report to go on to the Physical Evaluation Board.
References :
Retired Navy Medical Department Officer-12 years experience in disability evaluation system.
Comment from m1a1mikegolf
Time January 7, 2010 at 12:46 pm
You will only be reviewed if sent there by the people treating you.
In general the military will not release somebody if they feel that the condition can still be treated.
References :