Is there any way to fight a chapter 5-17 and receive a MEB?

2021-09-07T23:15:30-04:00

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

Response by SSG Roger Ayscue made Sep 7 at 2021 11:46 PM

2021-09-07T23:46:02-04:00

Unless I am badly mistaken, your separation is determined by your commander. At least your commander in your corner may be able to talk to the Doctor. I would request to see my commander ASAP.

Response by SSG Private RallyPoint Member made Sep 8 at 2021 12:13 AM

2021-09-08T00:13:01-04:00

Well step one you should get legal counsel because this will be an uphill battle. Next you should look for and outside medical doctor or provider who can evaluate your situation to prove your claims. This will be helpful for your case. While this won’t be an immediate resolution for your problem, it’s definitely something you should prepare for in worse case scenario. Wish you the best of luck and hope everything works out.

Response by SFC Private RallyPoint Member made Sep 8 at 2021 12:23 AM

2021-09-08T00:23:21-04:00

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

Response by CSM Darieus ZaGara made Sep 8 at 2021 4:56 AM

2021-09-08T04:56:17-04:00

To continue from sone great guidance, should you be separated for any reason and your knees are legitimately damaged you will be able to contact the VA prior to separation. You can start a VA physical up to a year prior. If you receive a rating you are eligible for training for which you are paid similar to now during that training. Then they assist with interned hips etc. also, depending on your rating you may receive a check for any service related damage. Contact the VA.

Response by SGM Private RallyPoint Member made Sep 8 at 2021 6:04 AM

2021-09-08T06:04:37-04:00

I know what I’m about to say is anecdotal but…

I have worked daily with the VA, PEB, and WTU for nearly four years. The entire time I never once saw anyone get medically retired for knee pain, and we had multiple cases per week. The more likely scenario is that you will get medically discharged with a severance, which does not include Tricare For Life coverage.

Im not saying that you shouldn’t pursue the MEB, only that you need to manage your expectations regarding what you will receive. You should keep in mind the strong possibility that you will not receive medically-retired benefits as part of the MEB.

Response by MAJ Private RallyPoint Member made Sep 8 at 2021 9:28 AM

2021-09-08T09:28:33-04:00

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.

Response by SSG Bill McCoy made Sep 8 at 2021 11:25 AM

2021-09-08T11:25:25-04:00

I'm not qualified to advise you except to note that SFC Private RallyPoint Member 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.

Response by SSgt Christophe Murphy made Sep 8 at 2021 12:19 PM

2021-09-08T12:19:31-04:00

I would re-engage with your leadership and your medical provider. Chapters is initiated by the Command. MEB is initiated by the Medical side. If your previous providers were pushing for a MEB engage with your current providers and get things rolling. The biggest thing is to push that you have injuries and need assistance. That will ensure that your profiles, limdu and everything else are in good order.

I was med boarded and there is life after Military life. For your livelihood and mental health you will need to find something to get into. There is plenty of stuff out there for folks with disabilities and limitations. Good Luck.

Response by SPC Private RallyPoint Member made Sep 9 at 2021 2:33 PM

2021-09-09T14:33:33-04:00

So just to clarify can anyone here verify that a 5-17 is definitely not the same as a medboard and explain the differences. I did my research but I just want to hear it to validate if I’m right