When do I get evaluated for disability, after I’m out or while still in? What impact will UCMJ and my discharge have on my benefits?

2020-11-20T17:06:54-05:00

I have been in for 3+ years, active, have 7 months left of my 4 year contract. I have been diagnosed with bilateral plantar fasciitis and sesamoiditis, and this is severely impacting how I perform, especially with an MOS like mine. I’ve had these conditions for almost 2 years now with no improvement. I’ve done all I can except pain relieving shots they give you and surgery. Podiatry has recommended MEB and my PCM has brought up Chapter 5-17, the only differences between the two is that I’d get out faster with the chapter rather than sticking around past my ETS date 6 months after, and possibility of losing my benefits— but, since I have 3+ years in service, I know I have qualified for full GI bill benefits (which is my main concern) as I do not want to lose my benefits, seeing as I’d have done my time for nothing. Also, I will be filing for disability compensation, but have of no knowledge, and for some reason trying to contact the VA is impossible sometimes because of “higher than usual call times” and no responses back and my unit retention NCO isn’t around for me to collect more information/advice on what I should do. Again, I cannot fulfill any duties with the amount of pain I’m in every single day from morning to night.. I was given a very restrictive profile from my PCM and he mentioned in his next upcoming meeting I don’t remember whether he said in the next week or two but somewhere along that timeframe that I will be like brought up or something like that and that is where they will foresee what I will need to do (MEB or chapter). Ive read around Reddit and a couple posts on here and on the internet with people who have similar or alike conditions and have received anywhere from 20%-50% for bilateral, 10% each foot from what I’ve read, but for me to get these ratings do I do it through the VA after I’m out or can I get evaluated whilst currently still in? Will I be honorably discharged, even if I’ve had two company grade Article 15s? If I am either generally or honorably discharged, is there a certain percentage of benefits that I am still entitled to or will I still have full benefits? And lastly, is it better to just finish my contract and suck it up and suffer the extreme pain throughout my entire foot?

Response by SFC Private RallyPoint Member made Nov 20 at 2020 5:58 PM

2020-11-20T17:58:31-05:00

Your PCM can't chapter you. AR 635-200 separations are commander initiated, not PCM initiated. Your PCM or podiatrist can give you a permanent profile that will initiate your MEB. You absolutely do not, under any circumstances, go down the 5-17 route if you have legitimate medical issues. Undergoing an MEB will give you your VA rating prior to separation and is worth tens to hundreds of thousands of dollars and benefits over the course of your future life, dollars and benefits you will not be eligible to receive under a 5-17. You would still be eligible for your GI Bill, but a MEB brings significantly more benefits to help you rehabilitate and assist you in the future. Also, your command doesn't really have the time to separate you under 5-17 this close to ETS. They could if they were really motivated to, but Commanders are usually more preoccupied with getting rid of actual dirt bags to worry about hurrying a chapter 5-17

Response by MAJ Javier Rivera made Nov 20 at 2020 6:52 PM

2020-11-20T18:52:13-05:00

Perhaps you misunderstood your PCM. PCMa don’t initiate separations, that authority is only and only for commanders: AR 635-200. PCMs can get you a permanent profile due to a medical condition which will trigger a MEB which might end up in a separation. Now, with that out of the way, let’s get you straight!

Stay the hell away from any separation if you have a medical condition. You get it? You went to MEPS in one piece, so if you’re hurt then let the Good Ol’e Uncle Sam fix you. End of story. If your PCM gives you a P3, it will automatically initiate a MEB. It doesn’t means separation, OK! But if it ends up as such, then you are service connected disabled. A whole package of benefits depending on whatever VA rating you get. Exponentially higher than a simple 5-17 separation. So, you get the picture?

Response by MSgt Don VandeBogert made Nov 20 at 2020 7:45 PM

2020-11-20T19:45:11-05:00

I would also add that you should also contact your local VSO. Anything you file with the VA do so through a VSO so there is a record besides yours and the VA. They are also there to advocate for you and are typically well skilled in navigating the VA system. You can Google where to find your local or home of record VSO reps/offices.

Second, are you unable to get relief (pain or fix) of your problem while on active duty? I would never recommend to someone to wait to get something addressed, even if that means new referrals or new doctors, ETS is approching, or your up for MEB (MEB doesn't = no new/continuing procedures). Not for nothing, but getting more docs or procedures done while on active duty would certainly help your claims case (including having other issues looked at that may be linked to your current issues...maybe knee or hip pain caused by current foot problems as an example). Never wait to get medical concerns addressed and/or followed up on until your either fixed or comfortable with the results. They're not likely to get better, especially as you age.

Good luck.

V/R
Bogie

Response by SGM Bill Frazer made Nov 20 at 2020 8:10 PM

2020-11-20T20:10:11-05:00

1. If the Dr gives you a permanent profile- that can start a MEB. Do not take any kind of chapter. 2. a MEB gives you much more too play with for resources and benefits. 3. 3. YIf the Co Art15 are not recent , the only pain it can cause with the MEB is if they take a stripe- because disability payments are made on the % rated of your pay. Lower pay= less money.

Response by MAJ Ken Landgren made Nov 20 at 2020 10:32 PM

2020-11-20T22:32:58-05:00

If I understand you, and I am tired. Keep your nose clean and don't fvck up. You don't want them to have reasons to give you a bad conduct discharge. You want to do the right thing and that is to go through an MEB as it will help you establish a disability % with the VA, and you are given a medical road map. You want to do it while you are still serving. To do otherwise is just crazy and foolish. The MEB process will determine how long you will stay in the army. Good luck.

Response by CPT Lawrence Cable made Nov 21 at 2020 8:54 AM

2020-11-21T08:54:35-05:00

Why would you chance getting a reduction in benefits under Chapter 5-17 when an MEB would normally gets you a VA rating and is worth thousands to you in the long run. Article 15's won't effect you discharge. At your rank, depending on when and where, they may not be in your file any longer. With only 7 months till ETS, I don't see your Command bothering with the paperwork for a 5-17. I would push for the MEB, even if I had to extend to get it completed.

Response by SSG Dale London made Nov 22 at 2020 2:01 PM

2020-11-22T14:01:43-05:00

Okay - a few home truths -
1) as long as you don't separate under "other than honorable condtions" or for bad conduct your benefits are safe.
2) you can begin applying for VA disability once you are in the process of leaving the service (I think it can be up to a year before separation but don't quote me).
3) if you exit with any form of separation pay, that will need to be recouped before you get any disability pay - though your privileges will start immediately on the VA granting service connection for your injuries and you get a determination letter.
Call the toll free number for the VA and tough out the wait. It will be worth it. Also, consider contacting a VSO like The VFW, the American Legion or, preferably, Disabled Veterans of America. They have experts who will help you apply for free.
Good luck and thank you for your service.

Response by LTC Private RallyPoint Member made Nov 23 at 2020 8:54 AM

2020-11-23T08:54:15-05:00

confused. you say you've "done everything you can" except shots for the pain and surgery. if surgery is an option and will fix the problem, why haven't you tried it?

Response by SGT Gilbert Flores made Dec 3 at 2020 3:53 PM

2020-12-03T15:53:05-05:00

Take to heart what SFC (verify To See) says he's is a career counselor and knows what he's talking about...I served elven years active duty Army...Unit Retention NCO and handled my own MEBD/PEB back in 1990. Once podiatrist gives you a p3 or p4 profile that will start MEB process. Make sure it's well documented in your medical records. You may get a medical holder past your ETS but that is better then to get a Chapter 5-17. If you get medical discharge if will be honorable service.

Now service members are allowed to file VA Claims during your out processing from service...I would make copy of my medical records just before you ETS. Also get your X-ray jacket if you had X-rays done on your feet make copy of the reports for your own records. I found that the X-ray reports have more information then what was written in your medical reports. Best of luck

Response by SSG Private RallyPoint Member made May 19 at 2021 10:48 AM

2021-05-19T10:48:11-04:00

If the 5-17 is started before the board, you are screwed amd not in a good way. Get your PCM to start your med board ASAP.

If not it will take more time and effort to prove it was "service related".