Fighting a medical discharge

Discussion in 'Army Pay, Claims & JPA' started by FDW, Dec 17, 2011.

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  1. FDW

    FDW Old-Salt

    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?
     
  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. FDW

    FDW Old-Salt

    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. FDW

    FDW Old-Salt

    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?
     
  5. PAP 10 or 130a?
     
  6. FDW

    FDW Old-Salt

    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!
     
  7. PAP 10 - pensionable

    130a - not pensionable
     
  8. 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. FDW

    FDW Old-Salt

    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. Read my last.
     
  11. FDW

    FDW Old-Salt

    Yes its this thursday in Catterick!
     
  12. I'll be there.

    I may or may not shout at blokes without their berets on and with their hands in their pockets.
     
    • Like Like x 1
  13. Yeah that should swing it. The Brown Bottle rocking up, gobbing off incoherently before stuffing her handbag full of alchoholic hand wash gel.

    [​IMG]

    Winner.
     
    • Like Like x 1
  14. FDW

    FDW Old-Salt

    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
     
  15. 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?