Unreal recoupment problem! Please help!

[redsnapper9]

I am a senior in Air Force ROTC in Tennessee. I was awarded a Type 2 scholarship (upgraded) by the Air Force when I was in high school.

Summer 2003 I went in for my commissioning physical and when I filled out my medical history I added bronchitis under 'other' (I had bronchitis for a year or so when I was 13). My NCOs said I would need my medical records, and when they were sent to the det. there was no indication of bronchitis, but asthma was instead all over my records! Never had my physician told my mother or I that I had asthma or that the medications she prescribed me were to treat asthma.

To make a LONG story short, after several waivers and boards I have been certified as medically disqualified by HQ AFROTC/AETC. After this occurred I was disenrolled and am now facing a $60,000 recoupment! This is due in part because they believe I fradulently signed an Air Force contract and have been hiding this medical issue. I highly value personal integrity, and on my medical form I chose to cite the asthma with a notation that I was unaware I had been diagnosed and did not know about it until my records came.

In the meantime I went and saw an allergy and asthma specialist, certified by MEPS, to refute the asthma diagnosis. After a battery of tests he indeed concluded that I do not have asthma, nor is it likely I ever did. He wrote a letter attesting to this which I sent in with my waivers, but HQ seems to have ignored his professional opinion and the test results.

I am a good cadet, have garnered many awards, am academically outstanding, was rated as superior at my Field Training, and have never failed a PFT. On my 785, after I was told I was disenrolled, HQ said that I was a good candidate for a commission should my medical issues be cleared up...but I thought they were!

My questions:

1. What can I do about the recoupment? If it comes down to it I would prefer to settle the amount in the neighborhood of $28,000 (my first year and a half free, but the book stipend, half of second year, and all of third year repaid). However, I believe I was pursued in the disenrollment process illegitimately. HQ conducted it under AFROTCI 36-2015 para. 3.2.3 as though I had known I had a medical issue, when they should have pursued it under the auspices I didn't know, AFROTCI 36-2015 para. 2.2.5 (a non-investigative disenrollment wherein I wouldn't owe anything). From the start to the finish of this process I maintain that I had no prior knowledge of this problem, I was 13 for crying out loud!

2. What should I do in the meantime? I was advised that calling my congressman wouldn't be a bad idea, although it wasn't "encouraged." I have done this (thorough letter about the problem, release of info, etc.), but who knows how long all that will take.

I have become increasingly soured by this process, and I find myself less and less inclined to become an Air Force officer. At this point I have completely lost my respect for HQ and frankly I would rather get out than continue to pursue this issue.

 

[rmet4nzkx]

How old were you when this happened?
What medications did you take, understand, the same medications are used to treat both at times.
How frequently were you ill and for how long, any triggers? History of lung disorders in your family?

 

[redsnapper9]

I was about 13 when I saw my doctor because I had been coughing excessively and had lots of mucus in my system-it was Nov. or Dec. and I usually got the flu in December. This is when she told me I had "bronchitis," but it's never noted in my records. At that time she treated me with Proventil (pill) and an antibiotic (also pill, is mentioned in records). My physician verbally told me that I could experience symptoms for a longer amount of time than if I had, say, a cold.

I got better from the "bronchitis," but in the fall of the next year (14 years old) I started coughing again and had mucus probably related to when the fields in my town were being harvested, but it was not as bad as before. Next mention says I would be on an inhaler and on Proventil (always pill form). Never did I use the inhaler because my coughing and mucus cleared up when I started the pills, and the next time it's mentioned in my records my doctor wrote I had stated I didn't want to use it, but it's phrased as though I was using it (which I wasn't).

Every other time Proventil or any other sort of similar medication (Albuterol, etc.) is mentioned, it's as though I had requested a refill but I didn't. My doctor kept insisting that I take the medicine because she seemed concerned my "bronchitis" might crop up again, so I kept taking it thinking it was related to "bronchitis." On my records it seems my physician had written all this in regards to me having asthma or "exercise induced asthma." I KNOW I would remember if she had told me or my mother that I had asthma, and neither of us were told this. I was running track and cross country around this time and regardless of whether I was on or off the medication I never noticed any straining to breathe when I was running.

As I stated in my waiver and disenrollment paperwork, the medication I took my mother and I thought related to "bronchitis." At the time I was so young (and my mother was just concerned with my health) that neither of us questioned my physician. This matter was extremely forgettable because I didn't experience any severe bronchitis symptoms as I did when I was 13, and it cleared up within a year, though my doctor still kept me on meds (apparently) until I was 15.

My family has no history of lung disease like bronchitis, emphesema [sic?], or asthma.

 

[redsnapper9]

I never thought of this time period of taking medication or having bronchitis as a disease warranted of putting on my medical form. I thought I had bronchitis for a year, I did not think I had asthma. I was only 17 when I had my first physical, and it's unlikely I would have thought to remark upon the bronchitis because it was similar, at least to me, as having the flu.

 

[rmet4nzkx]

If it had been Asthma as a child and you grew out of it, it might be different.
I appears that you may have been treated for either chronic Bronchitis or Asthma both of which can disqualify you however the ROTC standards disqualify you for asthma after age 12. The age on onsett is the kicker in either event. Now you have a pulmonologist saying you didn't have Asthma another doctor saying you did, you and your mother saying bronchitis, and records showing you were perscribed Rx and not compliant. which may prove on one hand that you are well on the other hand that you don't follow orders. If your first doctor misdiagnosed you and failed to keep accurate records then you might have some cause of action. Do you have any of the pharmacy records when the Rx was actually filled, do they say Asthma or Bronchitis? Bronchitis is sometimes an acute and self limiting disease. You may be able to show good faith if you can find other records that show Bronchitis which can be waived. From the physicical examination it says:' Chronic bronchitis if pulmonary function is impaired to such a degree as to interfere with duty performance or to restrict activities." Are there any PFT's in your medical record?

Asthma of any degree, or a history of asthma, reactive airway disease, intrinsic or extrinsic bronchial asthma, exercise-induced bronchospasm, or 1gB (Immunoglobulin E) mediated asthma.

Now this is a long shot, contact http://www.alphaone.org arrange to get the free and confidential test, see if you have this genetic disorder A1AD, even a recessive can have some problems, if you have this and no record of testing for this in your records, might put more questions of the first doctor's diagnosis or If you don't have this at all, the more proof that your lungs are not going to cause you a problem, don't do anything until you get the results of this as it may be used both ways.

 

[redsnapper9]

None of my prescriptions or the pill bottles said what I was being treated for. I was diagnosed and treated through Kaiser Permanente, and all my prescriptions were filled through them.

I did contact Alpha-1 to be tested, but I won't hear about results for at least 4-6 weeks...

In the meantime, after all is said and done (with the Alpha-1 business) I wondered if I should submit a letter of appeal to HQ AFROTC about how they conducted the disenrollment? As I said before, I feel I was unjustly pursued in this situation and they are manipulating my medical records to narrowly read as though I was aware of the situation, which again, I was not.

If I should not, should I make a settlement offer or should I see a lawyer?

 

[rmet4nzkx]

By all means submit a letter of appeal and explain that you need some additional time to obtain some more evidence to clarify both the accuracy and your potential for having healthy lungs, that will give you time to check out the A1AD possibility and time to get your records reviewed by an expert witness. I'm providing a link to a book on Pediatric Asthma written by Harold J. Farber, M.D., a board-certified pediatric pulmonologist, is assistant chief of pediatrics for the Kaiser Permanante Vallejo Medical Center in northern California. He serves as Chair of the Continuing Medical Education Committee for the American Lung Association of the East Bay and as Chair of the Community Health Committee for the Solano County Medical Society.

I'm not sure which Kaiser hospital you utilized in which state but he could address both the accucracy of the documentation in your chart, Kaiser documentation and your prognosis, if he is willing to review your records he might be a good expert witnes for you or he might be able to refer you. You can look up the address on line and contact him, tell him your story and how the conflict is affecting your future. Also request a copy of your pharmacy records from Kaiser http://www.rampasthma.org/controlasthma.htm
When you are finished with this, depending on the outcome, you may wish to consult a med/mal attorney.
Hopefully the Alpha-1 test will be quicker than that.
There is a member of this forum, Badapple40 a military Attorney he may also have some suggestions. It is a pity that you were allowed to go so far before they required a physical.

 

[redsnapper9]

I want to thank you very much for all your help. Your advice and insight is extremely beneficial to me at this stressful time (not to mention all the schoolwork I have!)

Concurrent to my disenrollment I have been facing another problem related to an Exception to Policy I sent in. It was returned in late December/early January stating that I did not go up the Chain of Command properly, although I was told exactly who to send it to from my NCOs...Anyway, that issue has since been resolved so I now have a few things I'm waiting on. If the ETP goes through, though I was told chances are slim for my circumstances, then luckily everything will be free and clear. If not, well, stay tuned.