Appeals after seperation

[maudigan]

Jason, You stated "I would not let this slide, because while it is possible to go back and appeal after you are separated, it is easier and you are likelier to get you compensation much sooner if you are referred to DES." in another thread. I've been pursuing getting my problem corrected, but I'm getting the feeling that I will just have to seperate without an MEB.

I was curious if you meant that I can attempt to get retirement benefits after I voluntarily separate. If so, how do I do that?

[xeno]

It is MUCH harder after your out, and is less likely to be successful.

X

[maudigan]

what is the basis for attempting? Like what WOULD be a good claim.

I have high blood pressure, mild asthma, chronic testicular pain, migraine headaches, and I use a CPAP for snoring, and they are refusing to MEB me. My case is up for RILO at the moment, but the doctors narrative left out some very key factors and I'm expecting that the RILO will come back as return to duty. I only have 5 duty days left in the military to keep fighting it; next Wed is my last day. Do I have a good basis for apeal, and who do I contact to do it.

[xeno]

I'm really not sure. Maybe someone here could supply you with answers. However I would supply your PEBLO with letter on intent to appeal because of xxxxx. Also I would file correction to medical records as per AFI 41-210 before getting out.

X

[Jason]

Originally Posted by maudigan

Jason, You stated "I would not let this slide, because while it is possible to go back and appeal after you are separated, it is easier and you are likelier to get you compensation much sooner if you are referred to DES." in another thread. I've been pursuing getting my problem corrected, but I'm getting the feeling that I will just have to seperate without an MEB.

I was curious if you meant that I can attempt to get retirement benefits after I voluntarily separate. If so, how do I do that?

First, if you can show that your conditions are disqualifying for retention, per the regulation (which usually consists of having a definitive diagnosis of certain conditions, profile limitations, or duty limitations) then you should point that out to your PCM or discuss it/annotate it on your separation physical.

If you cannot get referred to the MEB before you separate, the route is to appeal to the Board for Correction of Military Records. It is much better to go through the MEB/PEB before you separate rather than appeal after the fact due to the ease and speed of getting your benefits.

[wrightcj]

I have a similar issue and I hope someone here can help. I was on TDRL for the last 3 1/2 years and was just separated Sep 15 with no notice what so ever. The only indication I had that something was wrong was when the retirement pay was not deposited into my account. When I called DFAS 2 days after the deposit was supposed to be there they told me I was separated after the MED board reviewed my case following my 3 year physical examination at Portsmouth Naval Hospital. I then called BUPERS digging into this and they told me that the MED Board reviewed my case and determined I was unfit for duty and reduced my disibility from 40% to 20%, making me ineligable for retirement and separated me. By the way, my disibility is type 1 diabetes. They also said that they sent me the findings, offfering the oppertunity to appeal and that since I did not reply that that ment I accepted the findings and did not want to appeal, so they separated me Sept 15 2008. I understand there is a appeal process through the board of navy corrections but I just want to if there is really anything I can do, or am I just screwed.

[Jason]

I then called BUPERS digging into this and they told me that the MED Board reviewed my case and determined I was unfit for duty and reduced my disibility from 40% to 20%, making me ineligable for retirement and separated me.
....They also said that they sent me the findings, offfering the oppertunity to appeal and that since I did not reply that that ment I accepted the findings and did not want to appeal, so they separated me Sept 15 2008. I understand there is a appeal process through the board of navy corrections but I just want to if there is really anything I can do, or am I just screwed.

Did you move and if so, did you notify TDRL section of your new address? If not, is the address they have on file accurate?

Your date of separation is recent enough that I would want to talk to someone at the PEB or Navy Council of Review Boards to see if they can rescind the order and grant you a formal hearing. If they do not, then I do think it is best to go through Board for Correction of Naval Records to address this.

Best of luck and please let us know any questions.

[wrightcj]

I did not move, i've been in the same house since before I was put on TDRL. What is the Navy Council of Review Boards and how would I find that contat info.

[Jason]

http://www.hq.navy.mil/corb/

There is a phone number listed, if you scroll down.