Hello, I had a young man (solid kid) home on leave ask me for advice on a medical problem he has had on active while serving iin Army. He fell out of a bearcat and about 6 months later suffered a seizure , he has zero history (nor does his family history) have any history of seizures. They are working him out the door (undeployable , but he wants to go) and the army docs are trying to get him to agree that it was a prec ondition and probaly genetic. yet is MEPS screening was perfect and he is in excellent shape and a TL for his company.

In the Marines we had Omsbudsman that were basicly advocates for USMC/USN guys , what does the army have to offer him that can assist him in them trying to railroad him out ??? He does not want out and has been in about 3 years w zero problems and has had promotions

I believe there are lawyers who specialize in this sort of case. Many of them are prior service members who know the dirty med tricks, rules, loopholes, etc. . .

Recommend he fight like h*ll because the military can NOT be counted upon to do the right thing in cases like this.

Ouch, rough one.

How long has he been in?

Are they trying to Medboard him or chapter him out?

I haven't seen one like this before. I have seen soldiers fight a med board and win.

My knee jerk reaction is Don't agree that it's a pre-existing condition. But, that's not an informed answer.

He could contact the Inspector General's (IG) office and ask what the pertiniant regulations are. He could also try the Judge Advocate General's office (JAG) and see if they could advise him.

Here are some sources.

https://www.militarylawsection.com/referral-list/

https://www.justia.com/lawyers/military-law/texas

Have him talk to his local JAG legal assistance Lawyer. When I was a JAG in Germany back in the day, we had a list of reservists by state who would help solders at reduced costs.

I am 30 years past that time of my life, and would be of no help with the VA, but all three of the sources above are good places for him to start.

I also know a couple of 100% disabled SEALS who had to fight for it. If he can find someone who has recently gone through the process, that will be a big help.

What ever he does, don't sign or agree to anything until he has professional advice. They will try to wheel you out the door without support if there is any way they can, and coming back after signing something is very, very hard.

quote:

Originally posted by CD228:


My knee jerk reaction is Don't agree that it's a pre-existing condition. But, that's not an informed answer.

But if it's the truth that he didn't have the pre-existing condition then he needs to not fold under pressure and sign off that it was a pre-existing condition. Truth doesn't need to be justified.

Go to a Neurologist outside of the military, preferably one that specializes in Epilepsy and get an unbiased, thorough and detailed eval. Yes, it will cost money (he will need EEG and MRI), but he will hopefully then know whether it is due to a pre-existing condition or not, and can then decided how he wants to proceed with the military and their doctors.

I would be extra careful as to what neurologist you choose. Made certain that he is familiar with military disability claims. If not you are wasting your time.

Email me and I will give you my phone number. I am a brigade surgeon.

He needs to make sure this is documented, do not let them write it off. It needs to be acknowledged now since it will be easier for future benefits. Hopefully he can get some type of partial disability before he exits the Army. It is easier to get now than when he is out.

As a retired army medical officer, definitely do NOT sign off as a preexisting condition! Any new onset medical disorder that occurs on active duty becomes a service connected illness/ disability that the VA will subsequently have to cover. I have seen far too many troops get pushed out the door without support and it is heinous.
When my unit returned from Iraq, the tough choice ( after being separated from loved ones for close to 2 years ) was sign off here, and get to go home, or stay on med hold in some run down barracks with limited resources and services and work through the system to get care. Some of the guys stayed in med hold status for 18+ months.

He is a good kid and my pastor's son, crazy part is he loves the Army LOL

I appreciate the input guys. I advised him to NOT sign anything and make them note that he had zero issues at MEPS and his family has no history..

emails sent as requested 1flynDO

quote:

Originally posted by 1flynDO:
Email me and I will give you my phone number. I am a brigade surgeon.

done

Where is he? If it’s TX, one of my friends is in JAG as a National Guard Reservist - I can ask him if he knows of one.

I met a specialist for military disability claims in the PA/DC area. (Really impressive seeming man. Used to go into hobo jungles to get vets into various programs.)

TMK, the VFW usually has the contact information for lawyers who do that kind of work.

quote:

Originally posted by 1flynDO:
Email me and I will give you my phone number. I am a brigade surgeon.

Another exanple of the great folks here in this FORUM. Thank you, Doctor.