Fighting a medical discharge

#1
On a night patrol in phase 1 training at Catterick I managed to fall down a large hole (perfect example of why messages should be passed) and shattered my calcaneum (heel)

I was originally misdiagnosed as plantar fasciitis and for 3 weeks despite me saying I didn't believe it to be PF thats what they treated me for, then decided on an MRI and sent me home, ostensibly for a week but it ended up being three due to cock-ups in paperwork (other lads in my section had MRIs in 1 week)

After the MRI it turns out I had a complete fracture of the calcaneum and I have been given 6 weeks sick leave to recover and been told I have a 50/50 chance of a medical discharge as it's a bastard of a bone to heal.

I gave up a much higher paid career and even sold my house to join the paras at the age of 26 and serving is really what I have my heart set on.

The training staff in my platoon all told me not to leave and not to transfer etc so I'm not a shitstain and have a good attitude to everything, just a bit terrified that all my plans could come unstuck due to an unfortunate accident and an injury that was exacerbated by 6 weeks of waiting for a diagnosis.


If worse comes to worst, anyone got any tips on fighting an MD?
 
E

EScotia

Guest
#2
At the moment you're pretty far from receiving a med discharge from what you've shared. Information you need to know is contained in PAP 10, read it whilst on sick leave/Christmas stand-down & and prepare. You should also read JSP 765 which is The Armed Forces Compensation Scheme.
 
#3
At the moment you're pretty far from receiving a med discharge from what you've shared. Information you need to know is contained in PAP 10, read it whilst on sick leave/Christmas stand-down & and prepare. You should also read JSP 765 which is The Armed Forces Compensation Scheme.
I'm no expert admittedly I was just relating what the physio told me, made me shit my pants to be honest.

Will read those, can't find PAP10 got a link please?
 
#4
medboard this week now.

still over the SFX in my heel.

OC requested I be kept in, as did my DS, but were overruled by the MO. I've been told I'll be getting an admin discharge on medical grounds despite it being for an injury which occured in service.

Any ideas what this means?
 
#6
Whats the difference?


edited- the targeted advertising on every site i visit is compensation and no win no fee lawyers after posting in this thread!! they know all!
 
#8
Whats the difference?


edited- the targeted advertising on every site i visit is compensation and no win no fee lawyers after posting in this thread!! they know all!
Kick your heels in*. Tell them that you were broken by them, and they need to fix you.

Is your Med Board in Catterick? I may pop along......

*See what I did there. Hehehe xx
 
#9
I've been in since october so I very much doubt it's pensionable.

Sorry for not knowing, my brief so far has consisted of "Sorry to be losing you, hope you consider coming back when healed, try AOSB or possibly TA, and see you in 6 weeks"

now I'm called back a week later so I'm completely in the dark!!

Also, it's just one stress fracture that is very slowly healing so no permanent damage expected.
 
#10
I've been in since october so I very much doubt it's pensionable.

Sorry for not knowing, my brief so far has consisted of "Sorry to be losing you, hope you consider coming back when healed, try AOSB or possibly TA, and see you in 6 weeks"

now I'm called back a week later so I'm completely in the dark!!
Read my last.
 
#12
Yes its this thursday in Catterick!
I'll be there.

I may or may not shout at blokes without their berets on and with their hands in their pockets.
 
#14
Just an update,

I saw a doc, just me and the doc and this was supposedly my medboard, he said I'm being given an admin discharge on medical grounds, as are the 7 other joes who were discharged with me.

I've spoken to the RBL and saw a lawyer for them today and they said I was being screwed and I was owed a full MD.

They don't know why I'm being given an admin discharge, the only reason I can think of is they don't have to pay my resettlement (drivers course) etc. Seems like they're trying to bin us as cheaply as possible
 
E

EScotia

Guest
#15
Just an update,

I saw a doc, just me and the doc and this was supposedly my medboard, he said I'm being given an admin discharge on medical grounds, as are the 7 other joes who were discharged with me.

I've spoken to the RBL and saw a lawyer for them today and they said I was being screwed and I was owed a full MD.

They don't know why I'm being given an admin discharge, the only reason I can think of is they don't have to pay my resettlement (drivers course) etc. Seems like they're trying to bin us as cheaply as possible
At first glance, and without knowing your JMES assessment or what the FMB put on your paperwork e.g. what paragraph of QR's you're being discharged under, it looks like the following paragraph from PAP 10 v3 is being applied:

RETENTION STANDARDS

During Phase 1 and Phase 2 Training in the Army

0405. Medical standard for entry must be maintained throughout Phase 1 and Phase 2 training. When an individual falls below entry standard and is unlikely to recover in a reasonable time discharge action is to be considered, in accordance with the appropriate paragraph of the Queen’s Regulations (QRs) for the Army, following grading to below entry standard (see Chapter 11).

I have to say that as an innocent bystander it's a bit of a stretch from, "...discharge action is to be considered ....." to being Admin discharged!

As a result of the way this paragraph is worded, I seriously doubt any solicitor would have (pardon the pun) a leg to stand on unless claiming the decision was harsh.

Did her Majesty The Snail make an appearance?
 
E

EScotia

Guest
#16
Appears to be worth a read in your case:

MEDICAL BOARD PROCEDURES FOR REGULAR ARMY PERSONNEL UNDER TRAINING

0824. Introduction. If a SuT or OCdt is unable to meet the standard of MFD they are to be assessed by a Two Member Medical Board (TMMB) in accordance with JSP 346 Chapter 4. The TMMB is to comply with the instructions set out in Chapter 10 of this Pamphlet. The HQ ATRD OM Consultant has responsibility for ratification of all TMMBs conducted on personnel under training that lead to RECU action. Prior
discussion with HQ ATRD Occ Med is recommended especially if there is a likelihood of appeal against discharge.
Boards are to be conducted in accordance with the instructions at Ch 9 and Appendices 1 and 2. Boards are in all cases to contain details of the nature and history of the problem, the individual’s stage in training, treatment received, outcome, functional deficit and full examination findings.
 
#17
E

EScotia

Guest
#18
Should you either decide to appeal the discharge decision and your appeal fails, or decide not to appeal the decision but go/get fit/try again, be aware your unit should be refering you to the RECU:

0826. Initiation of Appendix 21. Once the CO is advised that an individual is unfitto train and is likely to remain so for more than 84 days RECU action may be initiated by the unit administrative staff. A contemporaneous version of Appendix 21 is to be used and completed in full. If loose-leafed sheets are incorporated, personal details (minimum name and service number) are to be included on each sheet. The Appendix 21 is an administrative, not a medical form and must not include any medical details of a confidential nature. Once the application for discharge has been made, unit commanders are responsible for ensuring that the administrative processes and required timelines21 are adhered to.

21 Discharge of SuT under QR 9.381 to be completed within 21 days and under 9.385 within 28 days.
 
#19
How do I appeal it?

Does the fact it hasn't been done properly help?

The RBL guy said that it's against regulations to give an admin discharge in this instance, since it's obviously a medical discharge.
 
E

EScotia

Guest
#20
How do I appeal it?

Does the fact it hasn't been done properly help?

The RBL guy said that it's against regulations to give an admin discharge in this instance, since it's obviously a medical discharge.
The RBL guy is wrong. The regulations (as previously quoted in post #16) have been followed as you are not MFD and are a SuT. The decision to give you an admin discharge rather than a medical one appears to be because (apparently in the doctors opinion) your injury will most likely take a fair while to heal sufficiently enough for you to become MFD and partake in training fully without your injury being aggravated by e.g. impact from running/jumping etc.

If you wish to read up on PAP 10 v3 to learn how to appeal or brush up on the guidance to medical boards pm me an email address and I will send you a copy.
 

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