Army deliberatly shortchanging troops on disability retirement

[CommunityEditor]

The Army is deliberately shortchanging troops on their disability retirement ratings to hold down costs, according to veterans’ advocates, lawyers and service members.

“These people are being systematically underrated,” said Ron Smith, deputy general counsel for Disabled American Veterans. “It’s a bureaucratic game to preserve the budget, and it’s having an adverse affect on service members.”

The numbers of people approved for permanent or temporary disability retirement in the Navy, Marine Corps and Air Force have stayed relatively stable since 2001.

But in the Army — in the midst of a war — the number of soldiers approved for permanent disability retirement has plunged by more than two-thirds, from 642 in 2001 to 209 in 2005, according to a Government Accountability Office report last year. That decline has come even as the war in Iraq has intensified and the total number of soldiers wounded or injured there has soared above 15,000.

The Army denies there is any intentional effort to push wounded troops off the military rolls. But critics say many troops being evaluated for possible disability retirement accept the first rating they are offered during their first informal board — but that if they were to request a formal board, and then appeal the decision of that board, they would receive higher ratings.

[Read the entire story.]

What do you think? Is there a problem here?

[JLRMHILTON]

I am a former LT (1120-submariner) who was quoted by Ms. Kennedy in the most recent report on this issue. I give her credit for investigating this issue. As all things bureaucratic, there isn't a simple answer to this issue that can be neatly explained in an investiagtive report. People she has interviewed many times have an agenda to push that doesn't tell the whole story. I also agree that it is not a perfect system, but am hard pressed to believe everything I read in print.

I was on shore duty at the Navy PEB as the administrative officer in charge of reviewing the medical boards prior to their review by a panel of Navy physicians. I've reviewed literally thousands of these cases, not for medical purposes but for administrative issues (but got a good feel for what to expect medically). I also played a key role in editing and publishing the recent SECNAVINST 1850.4E, the Navy's Disability Manual which lays out plans and procedures for the Navy PEB (not a fun job). Anyone interested in the Navy PEB process, go to any Navy MTF (hospital), and ask to talk to the PEBLO (Physical EValuation Board Liasion Officer). It's their job to explain the process. I stand by my comments that no one less than an outstandning E-5 (really shit hot!) should be allowed to be a PEBLO. IF the Army is allowing E-3's to do this very important job, I think they are out of line (though I suspect there must be more to this issue). Feel free to google "Navy PEB" for more information.

I'll commend on a couple of points in this story. There are so many generalizations and half-truths, I'll just cover a couple.

“These people are being systematically underrated,” said Ron Smith, deputy general counsel for Disabled American Veterans. “It’s a bureaucratic game to preserve the budget, and it’s having an adverse affect on service members.”

At least on the Navy side of the house (which considers sailors and Marines), there was never ANY pressure from outside influences to make calls one way or another. The doctors (all Navy CAPT and CDRS) I knew were very conscientious and wanted to do the best job they could. Zero political influence one way or another made it into the bullpen where all the doctors reviewed cases. I suspect the DAV are just throwing out red meat to make a nice headline. If there is proof, I'd like to see it or hear from the Army doctors reviewing these cases. Our doctors cared very much that they got the calls right. Many times, at the Informal Board level, there simply wasn't as much evidence as when the Formal Board got the case, hence a different outcome. That's not to say that mistakes aren't made, but I do not think they are as widespread or malicious as this report attempt to demonstrate.

"He cited a Marine who had received a 10 percent disability rating for post-traumatic stress disorder from a Navy physical evaluation board — and was later rated at 50 percent for the same condition by the VA, using the same ratings schedule and the same medical records."

Not suprising....totally different systems that look at different aspects of a disability. If you don't like it, tell Congress to change the law. This aspect and many others are laid out in specific statutes of law that have to do with the way each of the PEB's conduct business, primarily associated with ensuring the member has due process rights before he is medically separated or retired.

Again, I guarantee if you go looking for problems in the military's disability system, you'll find people that didn't like their outcome or feel it's somehow unfair. I'm not suprised that the Army system is showing strain because of the large influx of soldiers being injured. Can it be made better....I'm sure of it. But please don't think that there is some conspiracy to screw over our fellow soldiers, sailors, or airmen. I spent three years on shore duty up on the third deck of a building on the Navy Yard, with sailors and Marines working hard on this process. I suspect the Army and Air Force side of the house is doing the same.
Jeremy Hilton
jlrmhilton@satx.rr.com

[The Universal Curmudgeon_guest]

Originally Posted by CommunityEditor

The Army is deliberately shortchanging troops on their disability retirement ratings to hold down costs, ... What do you think? Is there a problem here?

I think that it's despicable.

On the other hand, why would you think that this is anything new? It's been going on as long as there were armies and benefits.

Remember, in ANY bureaucracy, "good management" IS NOT "providing the services that are needed, promptly and effectively and with a minimum of aggravation to those whom the services are supposed to be for" - uh uh - "good management" IS "not overspending your budget by too much and not having people asking embarassing questions about why you haven't actually done what you were supposed to do".

[jrf568]

I was reading from kelly Kennedy about the army holding down dissability rating it's true I am a living person of that circunstance. I was discharge from the army last february 2006 with 20% dissability rating when the Veteran administration rated same conditions at 70% that the Army Evaluation board said that only correspond to 20%. I appealed the rated to the ABCMR (Army Board of Correction of Medical Record) to only receive a letter that they denied my application to correct the unfair porcentage but they mentioned that if my condition change I could reapply next year. this type aggravation it's uncceptable and deplorable.

My situation has change since the Army has release me from duty now I'am about to loose every thing I work for including my house because there is no more money to pay my mortgage. If this is the way that our administration paid to all the soldiers and veterans after we come back from the war zone it'is unacceptable.

I don't know how many times i went to the VA counselor to explain my situation in order the VA start to pay me my compensation and the only thing I have received is letters of apologies for the delay this claim have been approved for paid since March 1st 2006. I think all soldiers and veteran should write to our congressman and let them know that our system is broken and do not justify what the Army is deliveraly doing to chortchanging soldiers on their dissability retirement.

My self I already wrote to Senator Warner and still waiting an answer of my situation I don't know where to turn anymore I need HELP with this situation matter fact I just received a call from my mortgage people and telling me that they are going to foreclossure my house if I don't pay by the end of the month. I don't think so that we have to go thru all this nonsense after we gave our life for our country. The only think I know now is that "FREEDOM IS NOT FREE" it's costing soldiers and veterans their benefits.

Your support with this situation will benefit everyone write to the congress and let them know that we are not third or twenty class soldiers.

[jrf568]

“Leadership it is not the position it is the action”

This morning I woke up thinking about my problems and how to solve them. I walked to the other room where I do have my belongings and I saw one of those inspirational portrait That I just to have hanged on my wall with my others certificates surround that portrait and stared to the picture with the magnificent picture of our eagle flying across the sky which represent our endurance, loyalty and freedom of our nation to it’s people.

But this sense of freedom, endurance and loyalty has been compromised by our own administration that will not stand for the rights of our own people especially for those we went to fight the war in Iraq and Afghanistan.

This is what the constitution said:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

• Where is the “Justice” that our Constitution said…! When our wounded returning soldiers and veterans it’s been underrated and shitted of their retirement benefits by our own administration.
• Where is the “Promote the General Welfare” that the constitution said…! When our administration is not doing enough to ensure that our soldiers and veteran receive the care they were promised.
• Where is the “Insure domestic Tranquility” that the constitution said…! When more soldiers and veterans are loosing everything they work for because our bureaucratic administration is not doing what they promise to do.

Ladies and gentleman I am writing to you to support me in this crusade to defend our rights and let our representative know that this is unacceptable. that this fallacy has to end that they need to take an affirmative action with respect to our service members and veterans. We all gave something some gave it all in the name of “FEEDOM” and “LIBERTY” according to what the constitution said “Secure the blessings of Liberty”. It is time that our representative assumes the role of “LEADERS” that is why they received our votes to represent the constituents of our nation.

We the people has the responsibility to assure that our representative do what they suppose to do. It is our pledge that our right to all citizens is not violated. I can not fight this alone I plead you send this comment to everyone you know to see if this reach to the hand of our Senate.

Sincerely,

Jaime R. Florez

[SFJimbo]

My evidence is in my story. When I was separated I had 13 years in, serving in special units such as the 1st Ranger Battalion and 1st Special Forces Group. I was an E-7 Special Forces Weapons specialist, and I loved it. After being injured in Afghanistan (2004) it became clear that the Army no longer cared whether or not I was fixed or not. I actually expected this from the Army but it was a major disappointment when USASOC, USASFC, & USSOCOM all turned their backs also.

I was medically separated, receiving zero-percent for three of my worst injuries. I received severence pay, which I am now paying back through my disability. When my claim initially came back from the Veterans Administration (VA) I received 60-percent. Big difference huh!!! It has now been 15 months since the Army pushed me out. I cannot work because of my injuries, I am still doing physical therapy for these same injuries, and am in the process of trying to get my disability increased to 100-percent. I have been told by my doctor's and the VA doctor's that this will not be an issue. They also convinced me to apply for Social Security, which I am also awaiting a response from.

To add a little more for you (in case some of you Joe's don't know what is in store for you when you get hurt).

Good luck with Tricare. They turned down almost everything that I sent to them, saying that Tricare doesn't cover this. I spent a fortune in my own medical expenses.

The VA will send you bills every time you go to the VA hospital. Yes it isn't too expensive but if you are living off of a big FAT zero income, it adds up quick. Now that I am rated I was told 3 months ago that I would be reinbursed, . . . . when???

In addition, even though the VA system is a Federal agency, they are different by night and day. I spent a year in Hampton, Virginia and receive no care for my injuries, was accussed of being addicted to pain medications right off the bat, and received no assistance in any wall that I happened to beat my head against. They didn't care at all. This is how it would work. I would go to my primary care doctor who would put a consult in and tell me to call in 2 weeks if nothing was head about appointment. Two weeks later I would have to make another appoinment to see the same doctor who had forgotten to submit the paperwork. One month after this I would see this same *#^$-head who in turn would write another consult. Finally reaching this new doctor, they would do the same thing. I was there 12 months and never saw a real doctor. I went ballistic on one lady telling her what had happened. She pretty much called me a liar, verified, and then appoligized. This is when I moved. Luckily I moved to Washington state and am still in shock at the difference in care that I have been receiving here. These people actually care and it's GREAT, SUPER, WONDERFUL, OHH FU*%ING AWSOME to know that after being injured in combat on April 28, 2004, it has only taken until March 2007 to get some real care.

Good luck and DON"T GET HURT!!!!!

[Michael B. Jackson]

Background: I'm an Army SSG with right at 17 years in service. I'm going to be facing an MEB because of a benign brain tumor I was diagnosed with almost two years ago. I've already had two resection surgeries on the tumor, a round of radiation treatment for what was left of it and two more surgeries including the emplacement of a VP shunt to deal with hydrocephalus after the fact. I also had a benign tumor removed from my thyroid gland during this time and have been diagnosed with cubital tunnel syndrome in both hands. Additionally, I am deaf in the left ear as a result of the resection surgeries and was diagnosed years ago with arthritis in my left knee (both P-2 profiles). They still haven't issued a permanent profile in connection with my cranial surgeries but my physical capabilities are definitely diminished.

Question: I was recently advised by both an ENT and a neurosurgeon to undergo another resection on the residual tumor despite both the fact that neither of them had any historical imaging to look at, only a recent MRI, and my radiation treatment was conducted only 14 months ago (all the literature I've read says that you can't tell what's going on with radiation until 18-24 months after treatment). Based on this, I told them to hold off on surgery at least until we hit the 18 month point and there was no improvement. The docs weren't very happy with this and basically just stopped the pre-op stuff there, sending me home with a "don't let the door hit you on the way out" kind of send off. My question, I guess, is how can this affect the MEB process? Can they hold this against me when it comes time to run the board and figure disability, keeping in mind that I've complied with all medical recommendations up to this point and that, in the words of the neurosurgeon, I'll likely come out of this with a paralyzed left side of my face and possibly problems breathing and swallowing?

I'm trying to figure the best course of action to take on this considering all the factors, not the least of which is the fact that I have a wife and five children and getting booted from service with no retirement would likely be worse than being a partly paralyzed basket case with benefits. Any advice anyone could offer on this would be greatly appreciated.

[milligal]

My husband is deployed and I think daily about this situation. I will be out of law school by the time he departs from the army.

I had a full career behind me before I started thinking of law school-I worked as a Director at a Resort/Club that catered to many political figures. I am scheduling a trip to Washington DC this winter to meet with my congressman and address an issue of civil importance. I am thinking of representing this issue when I go, is there any information, alongside your personal story you could give me?

Originally Posted by jrf568

I was reading from kelly Kennedy about the army holding down dissability rating it's true I am a living person of that circunstance. I was discharge from the army last february 2006 with 20% dissability rating when the Veteran administration rated same conditions at 70% that the Army Evaluation board said that only correspond to 20%. I appealed the rated to the ABCMR (Army Board of Correction of Medical Record) to only receive a letter that they denied my application to correct the unfair porcentage but they mentioned that if my condition change I could reapply next year. this type aggravation it's uncceptable and deplorable.

My situation has change since the Army has release me from duty now I'am about to loose every thing I work for including my house because there is no more money to pay my mortgage. If this is the way that our administration paid to all the soldiers and veterans after we come back from the war zone it'is unacceptable.

I don't know how many times i went to the VA counselor to explain my situation in order the VA start to pay me my compensation and the only thing I have received is letters of apologies for the delay this claim have been approved for paid since March 1st 2006. I think all soldiers and veteran should write to our congressman and let them know that our system is broken and do not justify what the Army is deliveraly doing to chortchanging soldiers on their dissability retirement.

My self I already wrote to Senator Warner and still waiting an answer of my situation I don't know where to turn anymore I need HELP with this situation matter fact I just received a call from my mortgage people and telling me that they are going to foreclossure my house if I don't pay by the end of the month. I don't think so that we have to go thru all this nonsense after we gave our life for our country. The only think I know now is that "FREEDOM IS NOT FREE" it's costing soldiers and veterans their benefits.

Your support with this situation will benefit everyone write to the congress and let them know that we are not third or twenty class soldiers.

[Sabotage]

I agree also, but I also think the V.A. is no better. These people don't care about us. It is funny how the folks in congress has better benefits than we do and the MAJORITY of them really don't understand what we do
and what we need.

[jrf568]

Originally Posted by Sabotage

I agree also, but I also think the V.A. is no better. These people don't care about us. It is funny how the folks in congress has better benefits than we do and the MAJORITY of them really don't understand what we do
and what we need.

ONCE A SOLDIER KILLED BY THE BUREACRATIC SYSTEM


Dear Readers:


I was a soldier that has volunteered to go to fight the war in Iraq and declared unfit due to my injured sustained there at no fault of me. During my almost two years at the Army Medical Center and surgeries performed there the Army decided to relieve me from duty and discharge me with 20% disability and forfeit all my benefits acquired during my 18 years plus of service to this great nation. The same disability that the Army rated me at 20% the VA rated at 70% this discrepancy in the rating system it is due to the deliberately and treacherous scam to shortchanged soldiers of our earned benefits.

Our wound comes now not from the battle field but from our bureaucratic system that is killing us and leaving us behind to die little by little in order not to compensate soldiers with their benefits. I am a living experience of this wound created by a system that does not care anymore about us. This wound that translate into pain not the physical pain, however the invincible pain that our system don’t want to see, the same pain that the strongest person had turn out weak. Our system has failed us; our leader has failed us and our democracy it is failing us because this system it is making democracy fail.

I write to you with tremendous concern for what is happening now with our service men and women in our armed forces in light of all reports indicating that this devastating failure from our system to take care our wounded it is unacceptable. And this nation has a duty to honor and support those who have served and sacrifice so much in the defense of our great nation. However nothing has been done to fix this problem if something it is on the way to try fixing this situation it is hold up until our leaders decided to work together.

Honorable citizen do you think that all this is right? That our soldiers and veterans have to wait until they pass an amendment in the congress so they can be rated accordingly to what the VASRD already says. Title 10 USC 1201 says:

A service member is entitled to disability retirement if:

The disability is at least 30 percent under the standard schedule of rating disability in use by the Department of Veterans affairs at the time of the determination…

As you see in my case above this law it is not applied because DoD has blatantly removed VASRD criteria and substituted with their own ratings. Chapter 61 title 10 required that a service member to be retired if his unfitting disability rates 30% or greater per VASRD criteria.

As you see my disability per VASRD it is rated greater than 30% in my case above and the army has not retire me with all the benefits deserved.

Title 10 requires that the military use the current VASRD to determine an unfit condition but this requirement is frequently upheld in federal courts however DoD continues to publish and enforce their own criteria in order to short change soldiers of their earned benefits. The army and DoD are aware of this however have failed to correct it.

The ambiguity of this is how DoD wants to interpret the law as example:

Title 10 USC 1203 says:

A service member will receive disability separation pay if:

The disability is less than 30% under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination…

DoD has separated many soldiers under this law included myself but the key portion of this law is “Under the Standard Schedule of Rating disabilities in use by the department of Veterans Affairs” which DoD is not applying because the army and DoD is applying their own criteria to make it look that you fall under title 10 USC 1203 but the real true is they are short change the soldiers of their benefits.
Look at my case above 20% v. 70% it would be different if the VASRD would rate my conditions as 20% then the law apply. Correct me if I am wrong.

I really don't understand why the VA was created I am seating trying to express my frustration with this system that do not have the minimum remorse toward the people that they consider VETERANS. I went to my PTSD doctor I've explained to him that I have problem with one of my tooth due to one of the fillers felt down and it hurts when I eat. He had put a counsel to see the dentist the same day and told me to go to the second floor of the VA hospital in Augusta, Georgia so they could take care of my problem.

I talked to the receptionist that my doctor just put in a counsel to be seen and the first thing she ask me if I was service connected for dental I've told her that I am not but I am 70% service connected for other illness so she said sorry but we can't see you and they are going to review my request and mailed to me. Today I have received a letter from
them saying that I am not eligible for dental benefits that I need to be 100% service connected and so forth. if I would it have the money to go to a dentist I would it go but
unfortunate I don't have it because our system it is taking everything from me, begging for a service that I think I have earned during my time in the army it is deplorable and unfair. I can’t believe that an entity that was created to see patients deny a service because I am not service connected for dental If you are sick you are sick and they have the obligation to see you whether you are service connected or not but unfortunate this thing happen here.

I am tired of all this injustice I am loosing everything that I have and this system deny me a visit to a dentist because their bureaucratic paper trail I am a human being that it is asking for help. I am holding myself in a very thing line it is not my fault that I came back sick from the war why we have to be punished and aggravated like that. Every day for me it is a nightmare with no way out I am trying to keep my dignity or whatever is left. I do not have more strength to keep up with this absurd situation it is like they left you to die little by little and you are looking at them to strip you of the most basic needs.

My life have been shatter by a system that I've had believed it was a good system but the same system it is looking north to our problem and not accepting that they are destroying too many good families. I do not know anymore how to express my feeling I am not only physical wounded but mentally too with all this aggravation we have to go thru. Where are those people that are appointed to see that our veterans don't have to go thru all this nonsense and injustice?

I am here writing trying to think what I need to do in order to bring peace to my soul, I know that is so much I can do but I can't take it anymore tears coming down my face because I feel impotent to do something to alleviate my pain. That is how I feel looking at the tunnel with the hope to see a light and end this nightmare caused by our own administration. I am a casualty of this war like many others that do not know where to turn and fighting a system that is creating the body count at expenses of our families.

With all the money that the VA has given to their officers as a bonuses and they had the unscrupulous to deny me a visit to a dentist do you think that this is right? If I went there it is because I needed the service and is not going to cost the VA million of dollars to take care this simple fix of my tooth.

This is another situation my doctor refer me to an specialist for my liver he had put a counsel to be seen and the specialist replied that he is not taken anymore new patient meanwhile this treatment is put it in the limbo however I has to wait until I could see the doctor that saw me for my gastrointestinal problem to ask him what he wants to do regarding to go to see the specialist, do you think this is right again?

Meanwhile I am going through all this I am about to loose the house where I am living now because I can't pay the mortgage and also I can’t live with the $258.00 that the VA start it to pay because first they has to recoup the severance pay that the army gave me for my time in service in order to receive my full disability compensation. However the May payment which I haven't received it is lost in the mail I have called them and asking what happen and they said that they are investigating where the money is. June payment went straight to the bank with no problem. I have lost my house in Virginia for the same reason that I couldn’t make the payment but also I am on the way to loose this house here in Augusta and what ever is left due to this situation with our bureaucratic system; do you think this is right again?

I am trying hard to survive but for some reason this situation it is taken everything that I've worked for and making us become a casualty of war that war that our system it is ignoring and this aggravation it is killing us. on top that we came back from the war we have to fight another war here with our system that do not care for us anymore, does
our government do not understand what is happening to their citizen to the soldier that went to fight a war to defend our liberties or this is one more fallacy to cover up that our liberties and rights has been jeopardize by our own administration.

What I am saying here it is the shout of a veteran pleading for help before it is too late that this unacceptable practice of our system has to stop. That the rights of our soldiers to be awarded the benefits they deserve has to be met according to chapter 61 of title 10 and DoD has to adhere to the VASRD guidelines dictated by the congress.