Expert: MARK A. HOWELL - 9/13/2009

Question
I am on my initial Active Guard Reserve contract with the US Army. I have about six years of service in, but have had mental health issues since a year after joining the military. I've been diagnosed with anxiety disorder, depression, bi-polar disorder, borderline personality disorder, obsessive-compulsive disorder, and have been hospitalized several times for these issues. I have attempted suicide several times. I've been receiving treatment since I was 19 and are now 27. Recently, in the past year, I've had many, many behavioral problems stemming from my mental illnesses. I know it's not going to be long before I have another nervous breakdown because I can not take the stress of being in the Army, active or reserve. If I get a medical discharge, which I know is a guarantee if my doctor initiates it, will I receive any type of disability every month or not? My physician, counselors, and psychiatrist have advised me several times to do this. They say if I have any chance of leading a normal life, I can't have the stresses that come with full-time employment. That I'm just not mentally able to perform my duties or be held responsible, nor constantly reprimanded when there is not much I can do to control my behavior and actions once I'm triggered by stress. I need to know what the facts are concerning my situation. Please help me.

Answer
Krystal,
I'm sorry to hear you have so many problems.

The doctors like to think they've done everything they can to cure you before they consent to giving up and discharging you.  Just because you've reached that point doesn't mean they have.  You'll have to tell them that enough is enough and you just can't take it anymore.  Thank your doctor for what he/she's been able to do for you so far, and tell him/her you've resigned yourself to the fact that you're just going to have to separate because you can't handle the stress of military life (and believe me, it's stressful).  (Basically you're sucking up to him/her to get him/her to agree to start medical discharge paperwork.)  To convince the doctors you have to say the right words they want to hear.

Don't just say, "It's not my fault, I'm ill."  That sounds like an EXCUSE.  You need state the  REASON.  Say, "I've been trying hard but it seems to be beyond my control."  Don't ever say, "I can't" instead say, "I'm not able to."

You said your problems began about a year after you joined.  That's good.  To receive disability payments from the VA you'll have to prove your problems are service-connected.  So don't ever say you've had these problems for, say, the past ten years.  Ensure everything is well documented in your medical records.  (For example, you can't ever make a claim for your bad back if your medical records show you've never been treated for back problems.)

If you're successful in getting the doctor to start medical discharge paperwork, your records will be reviewed by his supervisor and commander before going to a Medical Evaluation Board.  This board makes the determination of whether you stay or go, and when.  They will also state what % disabled you are, according to the regulations.  Then the personnel folks review the board's decision.  This process can be very slow, sometimes taking several months, so don't expect results anytime soon.

AFTER you're out you can apply to the VA for disability compensation.  The determination by the VA may or may not be the same % as the military.  Quite often the military will say you're 30% disabled and the VA will decide you're 50% disabled.  It varies.  It also depends upon your years in Service.

Additionally, if you're declared unable to work, then you can apply to Social Security for disability.  So yes, it's possible to receive 2 checks every month...VA AND Social Security.

You say you have 6 years in already.  Don't let your enlistment expire, then you'll be out with nothing.  Make them medically discharge you.

I wish you well and thanks for having served.
Colonel H