Parent question: The Academy and injuries

K

kwajmahall

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Hello all,

Former Marine so Semper Fi.

Say a plebe or a Midshipmen (I don't know the appropriate terms. At a regular college this hypothetical person would be called a "student") suffers some kind of catastrophic injury that prevents him from active service---falls of the o-course and breaks his back, or plays on a sports team and blows out his knee---would he be allowed to finish school? Would he be eligible for medical retirement?
 
From anecdotal observation:

- if something 100% DQs them the first two years, before they sign their commitment papers, they are usually medically discharged. I think they may be offered some care through the VA, after the military medical system can do no more. I don’t know how long that might last, that’s just an impression I have formed.

For 2/c and 1/c, I have personally seen mids who have developed an illness or injury (cancer, diabetes, paralysis), if they can do their schoolwork, go across the stage to get their degree but do not take the commissioning oath with their classmates. There have been some heartbreaking moments watching those mids as the entire class stands for them.

But - I don’t think they get a full post-separation military medical benefit. Midshipmen are active duty, use TRICARE Prime, but there is something about being in a pre-comm training status that doesn’t make them eligible for full medical DQ benefits. That is my belief, based on what I have observed over the years. I haven’t dived into the references.

Good news - I just found the ref.
https://www.usna.edu/AdminSupport/_...uation-Boards-and-Commissioning-Decisions.pdf

Bad news - I need a doc to decipher the blizzard of acronyms. I did see a mention of a VA form.

@kp2001
@Devil Doc
Are you available to interpret?



This is a story that will grab at your heart:
https://www.amsvans.com/blog/wheelchair-history-first-paralyzed-naval-academy-graduate/
 
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So I think this is the most relevant section which I summarize as:

1)The supe can ultimately decide whatever they want and apparently waive any commissioning standard they do desire. (This is really the most interesting thing to me bc it basically says the Supe could communion a blind quadriplegic if they do desired)

2) 4th and 3rd class the Supe may disenroll
3) 2nd class the Supe may disenroll and recommend no attempts at cost recoupment.
4)1st class year the Supe can allow to graduate, but not commission.

Up until the 1st class year it doesn’t appear there is an option to graduate without commissioning, but as noted in #1 the Supe can waive a commissioning standard and therefore could retain someone with a medical condition that isn’t compatible with Service and also commission them. (I doubt they would do this against medical recommendation though)

Here’s the portion from the posted regulation:

(1) As the commissioning authority, the Superintendent may choose to waive a medical commissioning standard, even against medical recommendation(s), and commission any midshipman.
(2) Ifit is unlikely that a fourth or third class midshipman will meet medical commissioning standards by the time they are scheduled to graduate, the Superintendent may disenroll the midshipman from USNA.
(3) Ifit is unlikely that a second class midshipman will meet medical commissioning standards by the time the midshipman is scheduled to graduate, the Superintendent may recommend to the Secretary ofthe Navy that the midshipman be disenrolled from USNA and that recoupment ofthe cost ofthe education benefit be waived.

(4) If the midshipman is in his or her first class year when a medical board is initiated, the Superintendent, as the commissioning authority, may allow that midshipman to graduate but not commission.
 
Dr. kp, thank you. I wish I knew where to look to see post-sep med benefit eligibility. I can’t face wading through a VA reg, which undoubtedly addresses those in an entry training status, such as boot camp, OCS/OTS, SA, etc. Not asking you to either!
 
38 CFR Part 17 covers VA medical. Under VA regulations, 38 CFR Part 17.31 (b)(4) Service as a cadet at the US Military, Air Force, or Coast Guard Academy, or as a midshipman at the US Naval Academy, qualifies the cadet as a "veteran" for VA purposes. If the injury or illness in question is rated at 10% or more by the VA (hence the 21-0819), then said member is entitled to VA healthcare for their lifetime, subject to co-pays and deductibles. Normally if the MEB/PEB rates the individual at a given percentage, VA normally concurs. Even if the MEB/PEB does not give a rating, insure the individual completes a BDD Claim with the VA, so the VA can possibly rate him. Worst case is the individual gets no disability rating from with the military or VA, then they would have to meet income requirements to be admitted to the healthcare side.
 
Very helpful, thank you. I knew there were specifics applicable to those statuses.
 
Impulsive said:
38 CFR Part 17 covers VA medical. Under VA regulations, 38 CFR Part 17.31 (b)(4) Service as a cadet at the US Military, Air Force, or Coast Guard Academy, or as a midshipman at the US Naval Academy, qualifies the cadet as a "veteran" for VA purposes. If the injury or illness in question is rated at 10% or more by the VA (hence the 21-0819), then said member is entitled to VA healthcare for their lifetime, subject to co-pays and deductibles. Normally if the MEB/PEB rates the individual at a given percentage, VA normally concurs. Even if the MEB/PEB does not give a rating, insure the individual completes a BDD Claim with the VA, so the VA can possibly rate him. Worst case is the individual gets no disability rating from with the military or VA, then they would have to meet income requirements to be admitted to the healthcare side.
Click to expand...

This is one of the major advantages of a service academy versus ROTC though rarely mentioned. After all, teenagers are indestructible.
 
UHBlackhawk said:
Impulsive said:
38 CFR Part 17 covers VA medical. Under VA regulations, 38 CFR Part 17.31 (b)(4) Service as a cadet at the US Military, Air Force, or Coast Guard Academy, or as a midshipman at the US Naval Academy, qualifies the cadet as a "veteran" for VA purposes. If the injury or illness in question is rated at 10% or more by the VA (hence the 21-0819), then said member is entitled to VA healthcare for their lifetime, subject to co-pays and deductibles. Normally if the MEB/PEB rates the individual at a given percentage, VA normally concurs. Even if the MEB/PEB does not give a rating, insure the individual completes a BDD Claim with the VA, so the VA can possibly rate him. Worst case is the individual gets no disability rating from with the military or VA, then they would have to meet income requirements to be admitted to the healthcare side.
Click to expand...

This is one of the major advantages of a service academy versus ROTC though rarely mentioned. After all, teenagers are indestructible.
Click to expand...


Absolutely correct, for VA purposes ROTC students are civilians, NOT AD Military. The only time they would be covered is if they were under "orders" for training such as during the summers. Any injury has to be considered "Line of Duty", if so then there is no problem regarding VA care. For AD members, you are considered 24/7/365 line of duty as long as there is no misconduct.
 
+1 UHBlackhawk.

My AROTC cadet suffered a major injury in his sophomore year and we sweated bullets over whether he would be dropped from the program. Luckily he fully recovered and received outstanding support from cadre.

An SA cadet/mid enjoys more support for recovery without worrying over finances.
 
Regarding ROTC injuries which occur during unit training (run, pt, etc) - these can be classified as a “workplace injury” for insurance purposes. If under orders (summer training) I am not sure if any benefit applies
 
According to 38 USC Title 17, "Line of Duty" (under orders) injuries for ROTC can receive VA benefits. That does not preclude the military branch from making a determination of compensation or settlement.
 
Impulsive said:
Absolutely correct, for VA purposes ROTC students are civilians, NOT AD Military. The only time they would be covered is if they were under "orders" for training such as during the summers. Any injury has to be considered "Line of Duty", if so then there is no problem regarding VA care. For AD members, you are considered 24/7/365 line of duty as long as there is no misconduct.
Click to expand...
Correct me if I’m wrong, but I believe an ROTC Cadet, while eligible for VA care if “Line of Duty”, is not eligible for medical retirement while a SA Cadet is.
 
UHBlackhawk said:
Correct me if I’m wrong, but I believe an ROTC Cadet, while eligible for VA care if “Line of Duty”, is not eligible for medical retirement while a SA Cadet is.
Click to expand...

This unfortunately is not my area of knowledge. I do know that the appropriate military Medical Review Board and Personnel Review Board make those determinations on a case by case basis. Hopefully one of the military docs on here can clarify for you better.
@kp2001
@Devil Doc
Can one of you offer more insight as to Cadet Medical Retirement? SA v ROTC?
 
kwajmahall said:
Hello all,

Former Marine so Semper Fi.

Say a plebe or a Midshipmen (I don't know the appropriate terms. At a regular college this hypothetical person would be called a "student") suffers some kind of catastrophic injury that prevents him from active service---falls of the o-course and breaks his back, or plays on a sports team and blows out his knee---would he be allowed to finish school? Would he be eligible for medical retirement?
Click to expand...
Hello,

I am a Midshipman from the Class of '95. During my Plebe summer, I fractured my neck among other injuries in a boating accident onboard a laser sailboat. The ensign boat was broken and nobody noticed the injury. The Academy tried to simply throw me out demanding I resign. I refused as I could not walk unassisted (which persisted for years). In response, I wan sent to Bethesda NNMC (at the time) where I was confined to the psychiatric ward for nearly 3 months with a demand to resign almost each day. I was told I had no physical injuries. I saw three other Midshipman face the same fate. Ultimately, they went to BUPERS and had me forced out. I underwent numerous surgeries and thousands of dollars in medical bills which the academy would not pay. I sued the U.S. government for negligence and malpractice as the position was Midshipman were not active duty and could not receive retirement pay. After suing, the government changed their mind and had a young Lt. from the Academy issue a self serving affidavit saying I was on active duty. Because of the Feres Doctrine, my case was dismissed (Google Feres Doctrine "latest Challenges" section and my case is there (Miller v. U.S.). So, short answer is the Academy doesn't care about hurting the kids, they take no responsibility, and if you get hurt, the financial and physical scars might last a lifetime. In my case, I have replaced my knee before 45. I still have bone fragments in my neck, and have never heard from the Academy since the day I left -not to even check on how I was doing. What a response from a place to claim to have honor. After the Court case, the VA system finally agreed to award me benefits (Previously they said I was ineligible because I wasn't active duty. I was also able to have the department of education change the FAFSA forms to affect dependent and independent students for active duty persons. My advice to anyone entering any one of these schools is to be careful and carry good insurance of your own. L. Trae Miller
 
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