Medical Retention Review (MRR)
We're Putting a Stop Members Being Unlawfully Separeted via the MRR Process
Let's Discuss Your CaseWhat We Do
Create Detailed Chronology and Assess Your Case: Establishing that an injury was incurred in the Line of Duty, or the exacerbation of an existing medical condition occurred in the Line of Duty, is paramount in MRR cases. Simply because a Service member suffered an injury while not in a duty status does not mean that later exacerbating that injury to the point it becomes a disability isn’t covered by the military. It is key to understand that all injuries incurred or exacerbated in the Line of Duty are contemplated by the Integrated Disability Evaluation System (IDES). Hence, many Service members who find themselves trapped in the MRR should have been referred into the IDES, in the first instance. At Joel Pettit Law, this is our goal: avoiding needless MRR referrals, hearings, and appeals.
Capitalize on Connection Between the IDES and MRR Processes: Many Service members are surprised by their referral into the MRR; especially when they have been successfully gaining rank and earning awards throughout their career. It shouldn’t be, therefore, a revelation that most MRR Service members want to be found fit. Sadly, this is not always a realistic option. Without legal guidance, these Service members would be forced to accept their initial findings and be separated from service without benefits. Appreciating the relationship between the MRR and IDES processes creates several opportunities to reach a disability retirement. For example, Reservists are notified of their MRR referral, but they are not briefed on the possibilities of being referred into the IDES instead. Although getting to the IDES after being referred to the MRR is difficult, it is by no means impossible. Not only are there legal nuances, but there are also procedural steps that can be taken to avoid the full wrath of the MRR.
Work to Resolve Your Case Before You’re Faced with an Unlawful Separation: At Joel Pettit Law, our goal is to assist our clients to steer clear of needless conflict, litigation, or hearings. Addressing issues early and strategically, mapping out all the potential scenarios, means being one step ahead at all times. This is crucial when dealing with an unforgiving, confusing process that makes no exceptions. On the bright side, because most Service members in the MRR are highly skilled, successful people, MRR clients are already accustomed to being proactive, creative problem solvers. Hence, an assertive approach to a languishing problem is not only appreciated but welcomed as well. At Joel Pettit Law, resting on our laurels is the antithesis of our culture; as the saying goes: No one ever reached the top by sitting on their bottom. If you think the MRR may be in your future, please contact Joel Pettit Law to discuss your strategy to protect your military career.
About
Although DoD Instruction (DoDI) 6025.19 requires that all military departments institute an Individual Medical Readiness (IMR) program, the Navy’s Medical Retention Review (MRR) process is one of the most confusing of them all. Countless Reserve Component Marines and Sailors are caught in a seemingly endless loop of medical appointments, evaluations, and reviews that threaten to destroy any hope of retirement. Despite performing your duties successfully, year after year, the Navy has no issue with separating its Service members for insignificant medical conditions.
Hiring Joel Pettit Law means having an experienced advisor who not only knows the process, but also knows the common pitfalls that can result in no possibility of military retirement. The goal is that our clients never have to endure an MRR Informal Physical Evaluation Board or an MRR Formal Physical Evaluation Board.
Our top priority is providing our clients with peace of mind, so they can continue fighting for what’s right.
DoD Instruction (DoDI) 6025.19 explains the Secretaries of each military department must institute an IMR to ensure that the United States has a healthy, capable fighting force. Outlined are requirements for Periodic Health Assessments (PHA), dental readiness classifications, immunizations based on location, required laboratory testing, individually required medical equipment, and how Service members should be categorized according to ability to deploy. The structure and intent of the IMR is sound and very important. Issues arise when categorizing Service members’ deployment readiness. The three (3) medical readiness categories are: Fully Medically Ready (FMR), Partially Medically Ready (PMR), and Not Medically Ready (NMR). There are sub-categories within the three main categories that address temporary medical issues and permanent deployment-limiting medical conditions (DLMC).
What makes someone deployable? According to the DoD, Service members are considered “deployable” if they do not have any acute or chronic physical or psychological conditions that may interfere with their ability to perform duties while deployed. Members in this category will be categorized as FMR. This is just the tip of the iceberg. Service members can be categorized as “deployable with limitations” when they have an acute or chronic condition that may interfere with their ability to perform their duties while deployed and which require additional medical screening and/or a medical waiver to deploy. Service members can also be placed in the “temporary non-deployable” or “permanent non-deployable” categories as well.
If you’re confused, you’re not alone. The Navy’s MRR process is outlined in RESPERMAN 6000-010. The Navy uses “personal risk classifications” (PRC) to categorize a Service member’s ability to deploy. Unlike their Active-Duty counterparts, if a Reservist cannot deploy, they are separated from the Navy without benefits or the option for a disability separation or retirement. That is the stark, draconian reality of the MRR process. More shocking, in the Navy’s MILPERSMAN 1910-168, “Separation by Reason of Physical Disability,” states, “. . . members who inquire relative to the advisability of requesting a hearing should be so advised and discouraged from requesting a hearing due to the time and expense involved.” There you have it! The Navy directing its leadership to advise Sailors and Marines not to request hearings simply to save time and money. It shouldn’t be surprising the Navy shamelessly separates Service members via the MRR without due process.
If you’re facing an MRR or have a medical condition that limits your ability to deploy, contact Joel Pettit Law to review your case and consider your options.