How can I start a Medical Evaluation Board (MEB) process from the Retired Reserves?

SFC Derrick Harris — Tue, 09 Feb 2016 09:46:21 -0500

In 2011 I was awarded 100% from the VA and Social security because of my injuries from two combat tours plus lost my civilian job .

Response by SSG Audwin Scott made Feb 9 at 2016 9:48 AM

SSG Audwin Scott — Tue, 09 Feb 2016 09:48:05 -0500

Sounds like you are set if you are at 100% total.

Response by 1SG Private RallyPoint Member made Feb 9 at 2016 9:57 AM

1SG Private RallyPoint Member — Tue, 09 Feb 2016 09:57:04 -0500

Is there a way to do a direct message on here? Would like to assist but need more information but don't want you putting out all your personal details where everyone can see.

Response by SPC Paul Jennings, J.D. made Feb 9 at 2016 10:18 AM

SPC Paul Jennings, J.D. — Tue, 09 Feb 2016 10:18:39 -0500

It sounds like you were retired from the reserves or moved to the retired reserves after active duty. It's hard to tell. Either way, I'm assuming you're retired now. As such, your course of action is to appeal to the Board of Corrections for Military Records. Since I'm assuming no MEB was started, you'd have to prove why the Army should have started one and that evidence was present. Remember, the awarding of VA or SS disability does not prove that the army should have known while you were activated that a MEB was needed.

Response by SSG Private RallyPoint Member made Feb 9 at 2016 10:24 AM

SSG Private RallyPoint Member — Tue, 09 Feb 2016 10:24:17 -0500

SFC , what RSC do you fall under?

Response by SFC Charles Miller made Feb 9 at 2016 11:06 AM

SFC Charles Miller — Tue, 09 Feb 2016 11:06:18 -0500

I visited my home Senator's office when I got off active duty and lost my civilian job. They were very helpful. You probably have gone that route. It helped me. Sorry I can't offer you more help. Good luck.

Response by CSM Private RallyPoint Member made Feb 9 at 2016 1:40 PM

CSM Private RallyPoint Member — Tue, 09 Feb 2016 13:40:37 -0500

Why didn't they put you in WTU after last MOB? I am sure this probably isn't the text book answer your looking for but I would make contact with the WTU at the DEMOB/RSRP site. Or possibly the WTU at the closest installation to your HOR. They would be able to provide you with the most current policy guidance, contingencies/requirements and plausible courses of action.

Response by MSgt Michael Bischoff made Feb 9 at 2016 3:06 PM

MSgt Michael Bischoff — Tue, 09 Feb 2016 15:06:47 -0500

Look at this reg: AR 135-381 Incapacitation of Reserve Component Reservist

Response by SFC Private RallyPoint Member made Feb 9 at 2016 7:27 PM

SFC Private RallyPoint Member — Tue, 09 Feb 2016 19:27:14 -0500

If you are in the Retired Reserves you fall under HRC FT Knox. Call them and ask this question 1-888-ARMYHRC ( [login to see] . That would be my advise for you.

Response by SGM Robin Johnson made Feb 18 at 2016 12:37 AM

SGM Robin Johnson — Thu, 18 Feb 2016 00:37:57 -0500

BLUF, you can't do an MEB. You need to reed AR 635-40, Physical Evaluation for Retention, Retirement, or Separation. There are two relevant sections. the first is para 3-2b. b. Processing for separation or retirement from active service. (1) Disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. (2) When a Soldier is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation or retirement, creates a presumption that the Soldier is fit.

You already retired, and were fit enough to serve until you retired. Therefore you had no need for a medical evaluation to retire you for disability (which would be to determine if your career was cut short by disability.) There are many folks out there who have been submitted by their doctors for MEBs because they have unfitting conditions, and by the time their case makes it through the MEB process and to the PEB they are within one year of their mandatory retirement date and they are automatically found fit for duty, even if they have been basically just getting medical treatment for the last couple of years. So....this is just the way it is. If you could serve until it was time to retire, your career wasn't ended by disability. It has no impact on the VA finding you disabled, however (which they did). It also has no impact on the Social Security Administration finding you disabled if you are unable to work. It just means no MEB/PEB.

The other part to which many folks have referred is more controversial, and that is whether or not they would have given you an MEB for your condition anyway. I can let you know that if it is simply sleep apnea, no, they would not do and MEB for that. We have SO MANY folks in the Army with sleep apnea, on CPAP even, that they don't bat an eye at that. You mentioned you had the broken nose when you came in, and they did surgery to attempt to correct your difficulty breathing (which if you had admitted to on your entry physical would have probably disqualified you from service.) For pre-existing medical conditions see paragraph 3-1e. Prior-service disabilities. Prior-service medical conditions are to be considered according to the following standards and limitations. (1) Despite any other provisions of this regulation, after a Soldier has been enlisted, inducted, and appointed or commissioned, the Soldier will not be declared physically unfit for military service because of disabilities known to exist at the time of the Soldier’s acceptance for military service that have remained essentially the same in degree since acceptance, and have not interfered with the Soldier’s performance of effective military service.

The fact that they were unable to correct a preexisting condition does not qualify as service disabling if it didn't worsen your physical condition AT THAT TIME so that you fell below the retention standards of AR 40-501, Standards of Medical Fitness. Nothing in what you say shows that to be so. Even if you now have sleep apnea from the nasal condition, there is no way of knowing if that was the case at the time. And, as I have stated, if you did have sleep apnea it wouldn't have mattered if that was the only cause for an MEB.

When in doubt, don't just turn to Rally Point, look to the regulations.
Hope this helps.

Response by SSgt David Howard made Feb 25 at 2016 5:06 PM

SSgt David Howard — Thu, 25 Feb 2016 17:06:17 -0500

When did you retire from active service? How many years of service did you Have?
request a SSA Form 831 from the Social Security Office, from your records?
Did the VA, in its' C & P examination, make finding of combat Related Injuries?

Response by SSgt David Howard made Feb 25 at 2016 5:11 PM

SSgt David Howard — Thu, 25 Feb 2016 17:11:52 -0500

Because you are Reserves, you must AR 635-40 Chapter 8 Para.

Response by SSgt David Howard made Feb 25 at 2016 5:14 PM

SSgt David Howard — Thu, 25 Feb 2016 17:14:22 -0500

How was you released from service?