Can MEDCOM override fit for duty results from a referred Department of the Navy (DON) medical base?

2020-12-31T06:12:39-05:00

A service member has been identified with two disqualifiers categories to continue to serve in the military. However, one of the disqualifiers was treated over seven years ago by Landstuhl Regional Medical Center in Germany then release to Garrison and monitored by a Behavior Health Specialist Psychiatrist then deem Fit for Duty to continue service in the military. The SM has been contesting his case with MEDCOM for over a year and will be scheduled for a formal hearing with his attorney and paralegal in Fort Sam Houston, Texas. Also, the MEB included a successful surgical procedure before submitting it to the PEB. There is four successful Fit for Duty results for advance evaluation from a referred the Department of the Navy (DON) medical base and referred to other civilian medical providers during Integrated Disability Evaluation System (IDES). However, in the past, it was influenced by his former chain of command identified by his paralegal. To include, a large volume of appointments made a concern by the SM medical providers. The challenge is the Department of Veteran Affairs rated the SM 100% disable and the Army rating is over 50% To include, the SM is over twenty years in the military. What are the SM options to plead his or her case to remain in the military?

Response by LTC John Mohor made Jan 1 at 2021 8:22 PM

2021-01-01T20:22:43-05:00

If he/ she has over 20 good years in I’m nit sure why the fight to stay in?!? You did your share!

Response by CSM Darieus ZaGara made Jan 2 at 2021 6:20 AM

2021-01-02T06:20:03-05:00

Being rated 100 by the VA and having 20 years, he should be able to draw 50%. He is young, why would they want to stay in? If the SM truly believes they are fit for duty and wished to remain on AD, how much more time before RCP. Anyway it does not make a lot of sense.

Response by COL Andrew Burns made Jan 2 at 2021 10:11 AM

2021-01-02T10:11:41-05:00

Probably none! Some yutz(putz) probably convinced her to file a VA claim while either on active duty or more realistically as a reserve/national guard Soldier. As a retired Command IG, if my memory serves me without consulting regs ( which I should not do) a VA disability triggers the MEB/PEB process. A 100% VA rating is about $3,180 per month tax free and now she also get 50% of her military pay tax free plus in 9 states she pays no state taxes or her federal retirement, and she can still have another job (you CAN work after being rated 100% permanent and totally disabled) and some states give free property taxes. Yes , she may have gotten screwed but maybe she should lol at her benefits and take a cup of S-T-F-U, ruck up, and move out.....just saying!

Response by 1SG Rick Seekman made Jan 3 at 2021 4:45 PM

2021-01-03T16:45:51-05:00