Should I get a Lawyer?

[xenofang]

What is the name of your state? GA

I was just released from the military. With a Honorable Discharge. While I was in I went though Mental and physical abuse because I had depression and a Anxiety Disorder (this of course was after AIT and BASIC), probably to the point of being classifed as Torture, and no, I dont mean they made me do PT twice a day. When I threatened to go to a hospital in Souel for almost becoming sucidal my XO made me a offer, If I didnt go to Souel they would put me on quaters for the rest of my time in the Military (I'am assuming its so my chain of commad would not get into BIG trouble), My time in quaters lasted about 3 months. Iam getting money from the VA a month now, but I think thats hush money.
Do I have a Case?

 

[shane72]

reply

I would look into a free consultation from an attorney it can't hurt to check

 

[Snipes5]

The VA doesn't give "hush money".

With the information you have given, I doubt you have any kind of case. You received an honorable discharge, and are apparently receiving disability from the VA.

I think your money would be better spent on a psychiatrist than on an attorney.

Snipes

 

[xenofang]

I was leaning toward that, but I do have Medical records and I know my Sergeants got written up for it. I dont know how easy (or hard) it would be to trace those records. They may have just simply 'Disapperead.' But theres alot of information in the Medical records I have that contradict why I was put on quaters. I know to some people that getting a Honorable Discharge is Good enough, but this is personal.
What do I have to lose? But I would like to get some more opinions before I do anything.
Maybe you can elaborate more on why this wouldent work.

 

[SHORTY LONG]

Your Medical Records

14 JUNE 06

xenofang, I have to agree with Snipes5! On the other hand, if you are bent on getting a copy of your "Medical Records" there are several ways to go about this. One thing enter's my mind, is that you may not be able to get every one of them (but that's me). Suggestedly, First, do a search on how to obtain your Military records; Second go to your nearest locale Veterans Service Organization, such as AMVETS, The American Legion etc., they have Veteran Services Officers who can assist you free of charge; Third, an FOIA Request under 5 U.S.C. § 552, and lastly, hire an attorney! Shorty Out!

 

[4everblue]

There are attorney's who specialize in medical evaluation boards and such. If you are TDRL, you won't have the option of rebutting your percentage until the five year mark, if I am correct. Record keeping now is of the utmost importance.
Take a look in the Army Times classified section for an attorney... they ussually will do a consultation over the phone.

Not sure if you can file IG complaints after the fact but you might look into the IG system.
The MEB doesn't care why you have these illnesses, they only care that you were diagnosed while you were in t he military and were found unfit for duty.

Not sure, you may have done this, but you need to apply for VA benefits because they may increase your percentage. They use a different percentage. The VA has volunteers who are certified to assist and advocate for disabled veterans. That referral to the legion and AMVETs was a very good one. They truly are interested in helping folks.

But the bottom line is that you became ill in the military period. The board is not going to affect your rating because you believe it was caused by mistreatment. Those are two seperate issues. The other route, and I say this with the utmost caution, but depending on the extent of the abuse, you could draw up a congressional complaint. If you do that, it takes quite a bit of effort, expertise and an ability to communicate on that level. The time to have advocated for yourself was when you were going through it. That's what the IG system is for, though I can understand why this might seem unfair because there may have been an element of threat and you may not have had the self confidence to articulate what you were going through. Its just a fact of life.

I don't know what your intentions are but you can't sue the government. The best you can do is bring light to the situation to help others.

To work this type of issue takes a good deal of professionalism, and the ability to follow through. I am sorry this happened to you. The positive side is that the military is working on such issues and there have been some significant changes made to the system in the last five years.

Good luck

 

[Snipes5]

You also can't sue them for "improperly" putting you SIQ. They have FAR bigger fish to fry than that one.

If, as you say, it's "personal", you really need to just concentrate on your post-service life, and move on.

Snipes

 

[marine]

In order to litigate, there must be a 'tort'---a wrong. I think you are stating that you had a condition that once subjected to the rigors of military life were exacerbated to the point you had to get out. If in fact that is the case, the defense may be a pre-existing condition, one that is required by law to be disclosed, and if not, constitutes fraud. Specifically, a fraudulent enlistment. If this is the case, an outcome could be no honorable discharge or VA benefits. Secondarily, receiving VA benefits is a de facto complicit act. You accepted money for whatever the case and, in doing so, agreed to that correction.

If your tort is that you protracted this disorder after enlistment, your case is going to be uphill. K-9 uphill. It will require medical evaluations and experts and, I am not a physician, but I understand it will also take a medical discovery or two that has yet to be uncovered ----namely the spontaneous mental disorder. I could be wrong.

I don’t know what happened in your situation, but based on the outcome, take the money and run!