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Q: my wife was medically retired 5 years ago from the navy for MS. she served 5 years active duty. one time while on TDRL the med board tried to throw out her case because she was "getting better"
Hi BWReynolds,
I don't know much at all about the military requirements/programs for disability and retirement. Have you read through the information found on the Bureau of Naval Personnel website?
How is your wife's MS? Does she have any limitations physically or mentally? Basically, is she disabled right now?
Simply having MS doesn't quality people for Social Security Disability (which I'm assuming is kinda similar to the Permanent Disability Retired List). During each of your wife's physical exams during the past five years, has she told EVERYTHING she is experiencing to the military doctors? I'm assuming that the final decision is really based on what the doctors say.
It sounds like being determined Fit for Duty means that the Navy would like to put her back on Active Duty. What that be a bad thing right now? Maybe she could go back to work with some accommodations such as are provided for under the Americans with Disabilities Act (ADA).
I think that your wife needs to find a lawyer who specializes in military retirement requirements. Perhaps someone at the Paralyzed Veterans of America could recommend a lawyer in her area. She also needs to find a doctor outside of the military to document her current level of disability due to MS.
Living with MS can be unpredictable and I'm assuming that working for the military can be rather strenuous and stressful. Not a great mix. But I have known military personnel who developed MS who continued working on active duty for quite some time.
I hope that this helps to give you some ideas. Basically it sounds like if your wife is disabled RIGHT NOW, then she might have options. If she is in remission and doesn't have any MS-related disabilities or limitations, then she may not have any options other than being discharged or going back on active duty.
Again, I don't know the military system and am just trying to think logically. She needs to find a lawyer and a doctor (both outside of the military but who are familiar with these type of disability cases).
Hi,
I'm an Army veteran with a little background in this. It is a complicated subject and you should probably speak with an attorney (or at least a Veterans Service Organization like the American Legion or VFW) for the best advice.
Generally speaking, once taken off TDRL (that means she is "stable" with regarded to illness or injury) and the military says she is fit for duty, she can opt for separation or reenlist in her branch of service. If your wife wants to stay in, I would say that she has a second chance to continue her career with the Navy. (She might even qualify for a promotion if the Navy deems that she didn't have a fair opportunty to receive a promotion while she was in the TDRL status). If, on the other hand, she wants to get out she has that choice and she can still most likely get disability coverage from the Veterans Administration.
Military disability (from the Navy for example) is different than disability as figured by the VA. There are exeptions (so be careful) but generally the VA rates Multiple Sclerosis as a 30% disability based on limitations in her ability to work a CIVILIAN JOB. The VA presumes MS is service connected if it is diagnosed within 7 years of leaving the military. The VA will evaluate her medical records and will almost certainly require her to be evaluated by a VA doctor and/or another physician approved by the VA before they confirm the diagnosis and figure the percentage of disability.
Now, if she wants to stay in the military, she can do that. Since MS symptoms and the cycle of relapse and remission can vary from person to person it's hard to know if she could finish up a Navy career and get her "20" done or not. The military health care system is not the greatest but the price is right compared to civilian plans. If she does show new symptoms she can go back to the military docs and get back in the TDRL/PDRL/Med Board process as needed. Just a few things to consider.
All the above is nuts and bolts bureaucracy. The most important thing is to know that she has the support of her family and community and is receiving the care she needs. Thank you both for your service.
Wow, just just reading your post you have my utmost support. It is hard enough to get Disability in the normal world, try and get it from the military I wish you the best of luck. You deserve it. Sometimes I wish I could take this MS and put it on them and let them try it on for a day the out come would be different I promise you it would. Do not get discouraged, the road ahead may get rough sometime but life is not easy but the outcome will be good, I promise. Hang in there! 
Sherry/smomdukes
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