Posted on Sep 7, 2021
Is there any way to fight a chapter 5-17 and receive a MEB?
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Is there anyway to change a decision for a chapter 5-17 to an MEB? I was offered by several providers filling in that They would push for MEB but they deployed and I got a new guy who pushed for a chapter 5-17. I need my tricare coverage for my family especially my wife and Son. They rely on it especially with health care so expensive on the outside. My knees are so bad that I can’t do my job and I find it hard to believe I’ll get hired doing most jobs with the injury considering I can’t sit or stand for long periods of time. Meaning my only option would be a remote job if that. So the provider feels I’m faking it it seems and is essentially denying me my chance at tricare coverage to seek possible better care civilian side with programs I found and the possibility of a retirement disability percentage. Any chance I can fight this if I feel I’m getting screwed ? I’ve asked a bit about it here before and I appreciate the help. I’m not in it for the money or go bill I just want my family to be good. And if I can’t work the chapter prevents that as my wife is disabled as well. Anya device is really appreciate it. I’m kinda desperate
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A chapter 5-17 is a commander initiated separation, a MEB is a provider initiated separation. That means your Commander believes you need a 5-17 and your provider believes you do not warrant a MEB.
Your provider is not required to refer you to a civilian doctor, your provider isn't even allowed to refer you to a civilian doctor until steep requirements have been met. Just take the idea of a civilian referral off the table until all other options have been tried and exhausted.
If you disagree with your providers assessment you have the right to a second opinion. You also have the right to speak to an ombudsman or patient advocate. Sometimes one rogue provider is completely off. But don't come at the ombudsman talking about you need a MEB because of tricare, that's not a valid reason for a MEB. You could still receive a MEB on only receive a medical separation and not medical retirement
Your provider is not required to refer you to a civilian doctor, your provider isn't even allowed to refer you to a civilian doctor until steep requirements have been met. Just take the idea of a civilian referral off the table until all other options have been tried and exhausted.
If you disagree with your providers assessment you have the right to a second opinion. You also have the right to speak to an ombudsman or patient advocate. Sometimes one rogue provider is completely off. But don't come at the ombudsman talking about you need a MEB because of tricare, that's not a valid reason for a MEB. You could still receive a MEB on only receive a medical separation and not medical retirement
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SPC (Join to see)
Rgr SFC, see I think my commander is lying to me. Cause he said he doesn’t decide if I get 5-17 it’s the provider. Are you 100% sure about this ? Not questioning you I just want to prove it for legal. Thanks again for advice bye you are always helping me on here . You are the goat
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SFC (Join to see)
SPC (Join to see) don't believe everything you read on the internet, go to the source.
Chapter 5-17 stands for Chapter 5-17 of AR 635-200 Administrative Separations. Medical Evaluation Board is a whole other regulation. The first two chapters in 635-200 tell you who the Separation authorities are, you will not find the word "provider" in there, you only find different levels of Commanders. No Company Commander has the authority to approve your separation, that's at the O6 level. But your Company Commander is responsible for initiating the separation, exactly the same as a separation for Family Care Plan, or hardship, or misconduct, or ETS.
Always go straight to the source reference
Chapter 5-17 stands for Chapter 5-17 of AR 635-200 Administrative Separations. Medical Evaluation Board is a whole other regulation. The first two chapters in 635-200 tell you who the Separation authorities are, you will not find the word "provider" in there, you only find different levels of Commanders. No Company Commander has the authority to approve your separation, that's at the O6 level. But your Company Commander is responsible for initiating the separation, exactly the same as a separation for Family Care Plan, or hardship, or misconduct, or ETS.
Always go straight to the source reference
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Cecily Jackson
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1. READ THE REGULATIONS
2. No, you don't have much control either way.
For an MEB - A medical provider must determine you have a medical condition that warrants a P3 on your profile triggering a medical review to determine your fitness to remain in service. (AR 600-35-40)
Your commander can initiate a Chapter 5-17 but is required to refer you for a medical or mental exam (so a provider's imput is also required). In addition, your commander is NOT the approving authority.
(Active Duty Enlisted Administrative Seperations AR 635-20)
3. Even if you are medical separated, there is no guarentee that your family will have medical coverage for life. The VA will treat the injuries/diagnosis that you occured while on active duty for the rest of your life.
4. You always have the option of speaking with legal.
2. No, you don't have much control either way.
For an MEB - A medical provider must determine you have a medical condition that warrants a P3 on your profile triggering a medical review to determine your fitness to remain in service. (AR 600-35-40)
Your commander can initiate a Chapter 5-17 but is required to refer you for a medical or mental exam (so a provider's imput is also required). In addition, your commander is NOT the approving authority.
(Active Duty Enlisted Administrative Seperations AR 635-20)
3. Even if you are medical separated, there is no guarentee that your family will have medical coverage for life. The VA will treat the injuries/diagnosis that you occured while on active duty for the rest of your life.
4. You always have the option of speaking with legal.
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I'm not qualified to advise you except to note that SFC (Join to see) has provided you with the best advice I've seen; ESPECIALLY in regard to NOT saying you need MEB so you qualify for Tricare.
My youngest son was in somewhat a similar predicament, though he was/is single and had no family needs for MEB. He was involve in MEB but he was given a choice of Medical Retirement, OR a Disability Rating with the VA. He took the VA as the benefits were FAR BETTER. You may want to explore that - he ened up getting the equivelent of a "full boat scholarship." It wasn't actually a scholarship, BUT the VA paid for up to four years tuition, books, and related espenses, PLUS he received a housing allowance, AND his disability pay which was higher than his SSG/Active Duty pay. In 3 years, he managed to earn a BS in Accounting and an Masters (MBA) at a major university. Today, he works for U.S. Treasury as a Bank Examiner.
Contact and speak to a "Veteran's Service Officer (VSO)." Most Counties have one, and the DAV's VSO's have an excellent reputation. They are who you work with once you're a civilian to help get VA benefits you're entitled to.
My son's primary healthcare is through Treasury, but anything above their coverage is picked up by the VA. The VA pays ALL his medical related to his injuries. My other son was rated at 70% and had a serious accident on his motorcycle. He was in a Trauma Center ICU for a month and the VA paid 100% of all his medical bills. Apparently, at 70%, you have full coverage. That MIGHT extend to your family too, but I'm not sure - again, a VSO can guide you.
My youngest son was in somewhat a similar predicament, though he was/is single and had no family needs for MEB. He was involve in MEB but he was given a choice of Medical Retirement, OR a Disability Rating with the VA. He took the VA as the benefits were FAR BETTER. You may want to explore that - he ened up getting the equivelent of a "full boat scholarship." It wasn't actually a scholarship, BUT the VA paid for up to four years tuition, books, and related espenses, PLUS he received a housing allowance, AND his disability pay which was higher than his SSG/Active Duty pay. In 3 years, he managed to earn a BS in Accounting and an Masters (MBA) at a major university. Today, he works for U.S. Treasury as a Bank Examiner.
Contact and speak to a "Veteran's Service Officer (VSO)." Most Counties have one, and the DAV's VSO's have an excellent reputation. They are who you work with once you're a civilian to help get VA benefits you're entitled to.
My son's primary healthcare is through Treasury, but anything above their coverage is picked up by the VA. The VA pays ALL his medical related to his injuries. My other son was rated at 70% and had a serious accident on his motorcycle. He was in a Trauma Center ICU for a month and the VA paid 100% of all his medical bills. Apparently, at 70%, you have full coverage. That MIGHT extend to your family too, but I'm not sure - again, a VSO can guide you.
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