Medically Separated Firstie - Question

[medsepfirstie]

This post is for all the barrack lawyers, real lawyers, and those with an opinion - I could really use all three right now.

Back in JAN2020 I was medically separated from the military due to a neurological condition. My MEB/PEB found there to be reasoning to medically retire me from the Army. Since then, I have received treatment and my symptoms are no longer present. There was a misdiagnosis (Meniere's Disease) and the actual condition (BPPV) was fixed in a matter of months (JAN2021).

Here's my problem - I have now enrolled in my senior year at another 4-year university and am 1 month from graduation. Having initially accepted I would not be returning to the academy or the Army, I have been seeking new job opportunities. One such is working within intelligence with some "three letter agencies." The previously misdiagnosed condition would mark me unfit for any field positions. But I no longer have those conditions, as marked by multiple physicians over the course of 1.5 years.

I am going to contest with the VA on these conditions, and my question is: Now that I am "fit for duty," will I be required to return to USMA or be forced to pay for leaving after affirmation? This becomes even more complex because I will have earned a B.S. and that technically marks me ineligible for reenrolling into USMA. My only other thought is USMA attempting to dictate I have to serve a certain amount of time...

My personal view is that the USMA ship has sailed for me, I've moved on and accepted the apparent reality of not serving in the military. As much as I would love to be an Old Grad, I cannot just uproot the life I have built in the past 1.5 years since being dismissed.

Thank you all for reading this far, and for offering any suggestions on how to move forward for this.

 

[USMAHopeful24]

This post is for all the barrack lawyers, real lawyers, and those with an opinion - I could really use all three right now.

Back in JAN2020 I was medically separated from the military due to a neurological condition. My MEB/PEB found there to be reasoning to medically retire me from the Army. Since then, I have received treatment and my symptoms are no longer present. There was a misdiagnosis (Meniere's Disease) and the actual condition (BPPV) was fixed in a matter of months (JAN2021).

Here's my problem - I have now enrolled in my senior year at another 4-year university and am 1 month from graduation. Having initially accepted I would not be returning to the academy or the Army, I have been seeking new job opportunities. One such is working within intelligence with some "three letter agencies." The previously misdiagnosed condition would mark me unfit for any field positions. But I no longer have those conditions, as marked by multiple physicians over the course of 1.5 years.

I am going to contest with the VA on these conditions, and my question is: Now that I am "fit for duty," will I be required to return to USMA or be forced to pay for leaving after affirmation? This becomes even more complex because I will have earned a B.S. and that technically marks me ineligible for reenrolling into USMA. My only other thought is USMA attempting to dictate I have to serve a certain amount of time...

My personal view is that the USMA ship has sailed for me, I've moved on and accepted the apparent reality of not serving in the military. As much as I would love to be an Old Grad, I cannot just uproot the life I have built in the past 1.5 years since being dismissed.

Thank you all for reading this far, and for offering any suggestions on how to move forward for this.

Hi! I am nothing more than an incoming plebe, however, I have just the man for you if you wanna get into the nitty-gritty DODMERB details of it all or try to speak with a JAG Officer. I'll be happy to send you his email if you are interested.

 

[MidwestDad]

I believe legally speaking separated is separated. It was their diagnosis - not yours. Unless you willfully misrepresented your symptoms etc. I dont see how you are in any jeopardy.

BUT - I would look for a civilian atty with expertise in military and gov't employment matters and ask for their help/opinion. Occasionally lawyers are worth the cost