MEDFORD, Ore. -- An Oregon National Guardsman says a fall in the line of duty has left him with brain damage. But twice, military doctors have declared him fit to serve.
His case has created a battle over benefits that reaching the highest levels of government.
Sgt. 1st Class Scott Irving has spent weeks in a Medford care facility. He says his hands rarely stop shaking. His tremors, at times, become full seizures acutely affecting his speech.
"How long was my seizure?" asked Irving.
According to Irving, this is the result of brain damage suffered three years ago in a fall from the rear of a military truck. As an active guard reserve, Irving's medical care has been covered. But recently, he received notice that his coverage was changing.
"He's required to do sit ups and push ups and required to run a two mile run," said Irving's wife Jennifer.
Twice, Irving has been declared fit for duty after exams by two military doctors. When he failed to return to work, his status was to be changed to inactive effective Monday, March 15, 2010. His free health care was to expire in six months.
"We'll end up on the street," worried Irving.
Irving took his case to the Medford media and now the guard insists his inactive status has been placed on hold while his case is reviewed.
"I know that the general has opened this up himself and is personally looking at this soldier to take care of him," explained Capt. Stephen Bomar of the Oregon Military Department.
So how could this soldier be declared fit if he can't stop shaking? The guard says it can't explain because Irving refuses to release his medical records publicly.
"In this particular situation, I think we need to have the individual release his records to the public and I think that would shed a lot of light on the situation," said Bomar.
And so the benefits battle wages on with the core question unanswered. How fit is Scott Irving?
