Posted on Apr 11, 2016
Can a Commander start a MEB?
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I took a blow to the head during combatives. I was out 7 days on quarters for failing concussion test. I started getting seen for headaches, depression and anxiety after the injury. 3 months after i start having migraines. Ive tried like 15 different meds, botox injection and acupuncture and nothing helps. The Army doc is shady and thinks I am faking it. **I will add more in the comments**
Posted >1 y ago
Responses: 8
It is unlikely that a "doc" is out to get you. However, you can always request a second opinion, it has never bothered me if someone asks for one. Sounds like you have been to TBI and neurology clinics, if you have not, ask for a consult.
Look man, talk to your chain of command and explain to them the severity of your issues, and that you feel like the docs aren't taking care of you. And if you feel like they aren't doing enough for you ask to speak to your 1st Sgt or Sgt Maj. From what it sounds like you aren't doing much to help your case though. You need to make sure everything is squared away before you go involving the chain of command. Because if your room is dirty and you aren't maintaining the standards you are expected to maintain they're going to treat you like just another shitbag trying to get out early. That's not what you want to hear but I've been there and its the truth. People will go out of their way to help you if you show them that you are a squared away guy who isn't going to screw them over.
A commander cannot start an IDES. A doctor does by issuing a P3. A commander can contact the doctor and request you be evaluated and even attempt a rare fit for duty evaluation, but a commander cannot unilaterally start a med board. Get with an ombudsman and change your doctor if you are that worried about it. It is rare to go in the charts, but I have seen deceptive behavior documented before so it is possible but unlikely. Also it is unlikely you'll get a permanent profile quickly. Docs will try and stabilize and treat your condition it is what they get paid for. Issuing a p3 will come at the year mark or once the condition is viewed as permanent. Lots of Soldiers want med boards, but that doesn't mean they will get them. In the meantime maximize your personal fitness as you may have this condition long after the military. On a side note having a medical condition does not give you a free pass for being late or sleeping in. It is a matter of mitigation when you are being punished, but it will not stop you from receiving an art 15 or multiple. You are still responsible for your actions regardless of medical condition and that may not be fair, but you can consult trial counsel if they go that route. Good luck.
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When I left the Army 6 years later, I was going through my out processing medical exam. I had two years worth of medical documentation testifying to bad knees and that I was NOT to do any type of squats, or put undue pressure on them. The Major insisted that I do twenty squats, and when I POLITELY mentioned the history which he had on the counter behind him, he literally told me "shut the fuck up soldier, I am a doctor, I will fix you if your knees go out. Two squats in and both knees locked (as I was squatting). It took almost half an hour to unbend both of them.
Now to your case, pneumonia does not mutate from bronchitis. You probably had pneumonia all along and because of the some of the above said reasons, you were either looked over very briefly and it was missed in a rush, or the actual clinical symptoms of pneumonia did not present itself until a couple days/weeks later. I have never seen a case where I have ever advise someone not bend his or her knees. I get it, arthritis sets in and it can become more painful, but one of the most natural positions that humans have is squatting. Now, I do not know you case, therefore I cannot intelligently comment on your condition nor do I know the docs side of what happened, because there is always two sides to every story.
Chances are, others have a similar story to your, but when you look at the overall big picture, the chances of a doc “not caring” or even “out to get someone” is extremely rare.
In regards to the bronchitus/pneumonia, I only know that it appeared I had bronchitus, even to the point that my drill Sgts were taking me to sick call themselves. ANYONE who saw me, knew I was sick, but the original doctor literally would say "you don't have bronchitus" and send me back to training, without trying to find out what WAS wrong. Then two weeks later, I was diagnosed with the double pneumonia and spent several days in the hospital. When I brought up the fact that I had been going to sick call for bronchitus I was told it mutated from not being treated. Maybe mutated is the wrong word, though. And maybe also it started just as a bad chest cold and got worse from being untreated? At this point it doesn't matter to me since I am out and can see a different doctor if I don't agree with the way one treats me. I was just trying to point out a couple of examples of where the doctors were not (in my own experience) performing appropriately.