Reserve medical discharge

[hectorartm]

What is the name of your state? FL

My situation is fairly simple. I am a reservist and am currently drilling for the USMCR. Now my question is this: If you become diagnosed with a knee problem (from the civilian side) that will affect your military performance permanently (I can't run or walk for a long tme), how will that work in getting a medical discharge while on drilling status? In other words, how difficult is it to obtain a discharge? How long? I'm sure it's very different than active duty.

[DCDMD]

Originally Posted by hectorartm

What is the name of your state? FL

My situation is fairly simple. I am a reservist and am currently drilling for the USMCR. Now my question is this: If you become diagnosed with a knee problem (from the civilian side) that will affect your military performance permanently (I can't run or walk for a long tme), how will that work in getting a medical discharge while on drilling status? In other words, how difficult is it to obtain a discharge? How long? I'm sure it's very different than active duty.

I am currently in a situation very similar to yours in the USAR. Mine was a pre-existing condition that has gotten worse in the last couple of years. I can't run, do 3-5 second rushes, or ruck march. I went through the process of getting a permanent profile and because I was given a '3' in one area of my PULHES, they are reviewing my case for a possible discharge. So have you recieved a profile or anything?

[hectorartm]

No, I haven't gotten a profile yet. I just started having this problem with my knee. Here is the story: When I was a kid a fell off my bike and it actually made the buttom portion of my knee pop out. It hurt a lot then, but I never went to the doctor. The pain started going away after a few months, but after all these years this if now catching up to me. It is starting (it hust once before about a month ago) to hurt and I can't even run. I have an appointment Dec 10 and I am pretty sure this is bad enough to lead to permanent problems. It is occuring quite often now. We'll see what happens.

[DCDMD]

Well good luck and let me know how it goes.

[JADM]

If your case is adjudicated as a non-duty related case, the only possible findings are fit or unfit (separation without benefits).

While it sounds like you may have a condition that existed prior to service (EPTS), the law presumes that military service aggravates EPTS conditions. If you have eight years or more of Active Federal Service, all conditions are ratable (i.e., EPTS does not matter, you will be compensated regardless).

Would really need many more facts to give a fuller answer, but I have seen Servicemembers in your position get rated (with the correct evidence/facts).

[hectorartm]

During the last several years, since I came back from Iraq, my problem has worsened. Yes, this was a pre existent condition, my knee has always looked deformed. However, now it looks worse and it becomes very weak sometimes. Esp. after I try physical exercise. Now, I have an appointment on Dec 10. I am pretty darn sure this thing is busted. I jsut wanted to know what the process would be like...you know. Also, I've recently been diagnosed as being bipolar. I think that the war def made it worse (the psych dude told me the same thing)...Now..I'm pretty sure all both of these conditions are gonna get me kicked out, but what's the process like? Am I looking at disability? Esp. if my doctor's say the war made it worse? Answer would be appreciated. Oh...and will they try to say that I'm faking all this crap? Knowing the Marine Corp...

[JADM]

The process may go like this (there are other possibilities, but this is the most common route): Treating physician believes you have a disqualifying condition (per Manual of the Medical Department, Chapter 18) and submits you for an MEB. You have an evaluation done of all fo your conditions which includes diagnosis, prognosis, history, chief complaint, impact on duty performance and recommendation as to whether it was EPTS. After the MEB packet is complete, you have an opportunity to rebut. Then the approved packet is forwarded to Informal PEB, which does a records review of your file and makes an initial determination as to fit/unfit finding for each condition and if it is compensable. If you do not agree, you then demand a Formal PEB where you will have an opportunity to appear at the board, present evidence, and argue your case. You have the choice of having a government attorney at this board or civilian counsel. After that, if you disagree, you may submit an appeal. If it is not accepted, your case will be approved.

As far as them saying you are faking, as long as there is a valid diagnosis and documentation of the impact on your duties, this should not be a problem from the PEB. Now from your chain of command, that may be a different story. From what you have said you may in fact be retired. It would depend heavily on the facts of your case.

Best of luck.