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Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33072
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have grounds meb, but was denied by the medical treating

Customer Question

i have grounds for a meb, but was denied by the medical treating officer, i was backed by an orthopedic surgeon who is a colonel and the captain who is the medical officer denied me a med board. my back is currently messed up with 2 degenerating discs which are bulging compressing the nerve root. and she said that it is not covered under the medboard AR, which it is under AR 40-501 chapter 3 section 9 letter h. so my question is are they allowed to deny me a med board even though i dont meet retention standards at their own agenda
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Sorry...I am confused. Here is the most recent version of AR 40-501
http://www.apd.army.mil/pdffiles/r40_501.pdf
There is no 3-9(h)
Are you looking at a different document?

Customer: replied 1 year ago.
sorry i was looking at the old one, it is under chaper 3-39 h
Expert:  P. Simmons replied 1 year ago.

Thanks

One more...can you tell me, how many years of service do you have?

And are they denying you reenlistment? If it what is going on (you want them to run a MEB and they do not want to)?

Customer: replied 1 year ago.
i have 2 years in, and dont plan on reenlisting, the told me i have 2 options to medically reclass or get medically chaptered, so i wont carry the benefits. they are saying that i cannot get a med board due to it not being covered in the AR, but are willing to medically chapter me. which does not make sense besides them trying to cover the armys ass
Expert:  P. Simmons replied 1 year ago.

Thanks
So what is your question today...are you asking if you can demand they run a MEB?

Customer: replied 1 year ago.
asking if i am entitled to have a meb referral if i know my condition stops me from being able to continue my military service, and my condition is i have 2 bulging discs at L4 L5 and L5 S1 thats from degenerative disc disease. and if they can deny me a med board even though the findings state otherwise
Expert:  P. Simmons replied 1 year ago.

THank you

The short answer is no...there is no rule (not even the AR you are referring to) that requires a soldier be processed out by a MEB. The MEB is a tool that can be used by a commander to remove a soldier from the service IF they have an injury that is likely caused by their service.
But the regulation does not require the commander run a MEB.

So they can deny a MEB.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the law required they run a MEB, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
also will jag be able to defend my position on a case like this
Expert:  P. Simmons replied 1 year ago.

Not yet...that is, if they chapter you, JAG can help you respond to the chapter.
But JAG can not help you force a MEB...since the law does not allow you to force a MEB

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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