Expert: MARK A. HOWELL - 4/26/2010

Question
Hello. I wanted to take a chance and see if I could gain some insight on an issue I am having. I have 24 years in the Arm and have decided to retire. After initiating the paperwork and starting the process, one of the counselors at the ACAP ask me why I wasn't taking a medical. It seems that since I was diagnosed with Ulcerative Colitis 12 years ago, I should have been recommended to an MEB. I wasn't. I was hospitalized 4 times due to this and i has been terrible. Question is,: Can I turn my retirement (I have orders for 1 NOV 2010) into a medical board disunity retirement and how?
Thanks

Answer
Mark,
A medical retirement is always better than a normal retirement because it means additional $ to you for the rest of your life.  After you've retired, nobody knows or cares why you retired, you just say you're retired, there's no social stigma attached like some people believe.

Its not your choice, it all starts with your physician.  You should go see your physician and tell him you plan on retiring and believe your problem is a Service-related disability and want to ensure it's documented in your records.  If he doesn't believe its severe enough to require a MEB then you have no choice but to continue on with your normal retirement.  During your mandatory Retirement Physical again ensure its documented in your records as a Service-related disability.

If he believes it is severe enough to warrant medical retirement, he'll submit the paperwork to the MEB and start the ball rolling.  Meanwhile you can withdraw your retirement paperwork at any time, right up until your effective retirement date.  It happens all the time.  All you need say is that you've changed your mind.  The MEB process may take several months because they usually only meet once a month.  Then their recommendation goes to the personnel folks who make the final decision whether you go or stay.  If they make your medical retirement mandatory then you merely outprocess like you would've done anyway, you're just assigned a different Separation Code on your retirement orders.

If they decide not to give you a medical retirement, then you can re-submit your retirement papers and press on as normal.

On your outprocessing checklist you will be required to see a counselor (usually a civilian) whose job is to assist you in applying to the VA for disability compensation.  He will review your records and document everything that that ever happened to you medically, throughout your entire career.  That's why it's important to ensure your Ulcerative Colitis and associated hospitalization is documented.  Your application will then be sent to the VA where they will determine if you are entitled to a monetary compensation.  (This is a slow process.  Due to the backlog of claims, its currently taking about 8 months or more.)

So what's the real difference?  With a medical retirement, the VA has no doubt that your condition was Service-related so it makes their determination easy.  With a normal retirement the burden of proof is on YOU to prove this happened while in the Service.

If the VA determines you're suffering because of something that happened during service to your country, they'll award you a % of disability rating, in multiples of 10%.  That % determines the amount of your monthly check for the rest of your life.

A good idea would be to visit the Disabled American Veterans (DAV) office in your town (look in the phone book) and ask them what your condition may warrant.  They're very good at this sort of thing.

Good luck and thanks for your service.
Colonel H