Medical Retirement from National Guard

Discussion in 'Reserve Component Info' started by ROXIE66, Jun 21, 2009.

  1. ROXIE66

    ROXIE66 New Member

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    I am in the process of a medical retirement from the National Guard. I was diagnosed with cervical Spine Stenosis by the VA about 6 months ago, and had a Spinal Cervical Neck Fusion done on 5/27/09, still @ home recovering. I received my medical determination letter from the CAARNG State Surgeon's office stating that I will be separated from the Guard on 24 July 09. (This is what I want since I can’t no longer perform my duties in my Aviation Unit)(Crew Chief).

    Anyway, I am somewhat confused because until now everything was going fine; it only took the State Surgeon a total of 4-months once the VA gave them all my medical paperwork to for my ongoing injuries for the past 20 years. I have been rated 80% by the VA for the past 6-years, but was paying a % back due to drilling dates.
    On the packet that I received from the CAARNG Surgeon "Notification of Intent" it states that I am physically disqualified for further retention and that I need to elect:
    1. Discharge from the ARNG for medical retention.
    2. Transfer to the Retired Reserve, on this one if I elect to transfer it does not entitle me to any pay, allowances, or other benefits.
    3. Non-duty related Physical evaluation, board for retention ruling.

    I thought that if I was awarded a Medical Discharge, and I had 20 good years, I was [FONT=&quot]eligible[/FONT] for retirement pay as well as VA disability pay? Am I wrong? Please someone out there if they have the answer let me know, I have until the 21 Jul 09 to respond back to the State Surgeon's Office. Thanks
  2. ROXIE66

    ROXIE66 New Member

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    I originally posted this thread in another location, I am still gathering information from all of you out there that has had to deal with the National Guard (State NGB) for medical retirement.

    I also received another letter from CA ARNG stating that I was granted Separation from the CA ARNG due to medical reasons and was found un-fit for duty. My new ETS date is 24 July 2009, I have not received a letter stating if I will receive a medical Pension or Severance Pay. I am still waiting.
  3. LostTango1

    LostTango1 PEB Forum Regular Member

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    Hello Roxie66,
    Sorry about the neck. As far as your options…
    If your neck injury was service related (LOD) you should have gone through a MEB/PEB.
    If your neck is not service related, you can medically retire. However, you will not receive your retirement pay until you reach retirement age.
    The only way to be medically separated from the National Guard and receive monetary benefits now and not have to wait until retirement age is to be put through the MEB/PEB Process and receive a 30% or greater rating. Anything less and you are simply forced to retire. If they allow you to choose which type of retirement you want, choose the Individual Retirement Reserve. This will make you a “Gray Area” Retiree. It allows you to retain all of the benefits of being an active member of the National Guard without the obligation. It is also more beneficial for you when you hit retirement age.
  4. Jason Perry

    Jason Perry Site Founder Staff Member PEB Forum Veteran

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    LostTango accurately described the situation. I know that it can be confusing when you receive a letter on official letterhead or a form and it states something that is flat wrong. I am not sure exactly what they sent you, but I have come across them stating something erroneous or illegal on an official notification.

    When I have fought this out on behalf of clients, I have written the State Surgeon with a copy to the Adjutant General, explaining the law and what should have happened. Again, I don't know for sure what your exact situation is or what process you have been through. But it seems very likely that they don't understand the law and are not affording you your rights.
  5. liferdude

    liferdude PEB Forum Regular Member

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    Hi Jason,

    I have a similar situation. I have already gone through a Fitness for Duty Exam, and was found not fit, and it is documented LOD. I had a brain anerysm in JUL 07 out of work for almost 6 months. Do I make sure they are aware of this even though it did not happen while I was on AD, does it matter?
    Will I recieve medical retirement pay before or at 60??
    I have 32 yrs, of that almost 5 of that is active, and other AD time with over 4900 points for retirement.
    I have the appointments at the end of MAY where I see a MEB Tech and have a PEBLO Briefing, along with other appointments. Thank you for your time.
  6. reb1991

    reb1991 PEB Forum Regular Member

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    I am in the early phase of an MEB. I just had my first meeting with my PEBLO and VA rep yesterday. Working with 99% regular army folks, they could not answer my question concerning possible retirement:

    I am an M-day soldier on AD orders (Title 32, greater than 30 days) when I suffered my heart attack and had my AICD implanted. If found unfit and retired, would I receive AD retirement pay or NG retirement pay? I have 2154 ret pts, 15 good years towards RC retirement (including 4 years AD time).

    Has anyone out there been through a similar situation?
  7. jandk

    jandk PEB Forum Veteran

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    Tough call-We fough National Guard for 2 years for a LOD for an illness incurred over a LONG period of time-10 years active duty, 19 guard. In asking a lot of questions-the heart attack scenario was brought up a lot-the example given was a person having a heart attack during guard drill-they said it would not be a LOD situation because whatever caused that heart attack did not happen while or orders (active duty time) It just depends on your circumstances and what caused the heart attack and the period of time you were on orders-I would make sure you have an LOD-you might not need one if you were on orders over 30 days, but make sure. You should be referred into DES just like active duty folks.
  8. Jason Perry

    Jason Perry Site Founder Staff Member PEB Forum Veteran

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    If it is in the line of duty, and unfitting and rated at 30% or more you get retired (drawing pay immediately).
  9. Jason Perry

    Jason Perry Site Founder Staff Member PEB Forum Veteran

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    Technically, it is not "AD retirement" or "NG retirement" pay. It is the percentage awarded times your retired base pay. You draw it immediately.
  10. liferdude

    liferdude PEB Forum Regular Member

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    the 30% rating is referring to illness/injuries that shown to have happend while in an active status and is culmination of all conditions that happened and documented while on Active duty. Is this a correct statement?
  11. Jason Perry

    Jason Perry Site Founder Staff Member PEB Forum Veteran

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    The above is a fairly close statement. There are exceptions and rare circumstances that would make some of the above not always true.
  12. Army-NG-TX

    Army-NG-TX New Member

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    Need help in making my choices...read several posts and thread (Non-LOD /LOD Medical Discharge)

    I have been in NG 3 years and have a documented LOD that is approved in the system.
    There is a P3 on file.
    I have already filed a claim with the VA and they have awarded 40% for the service connected disablity claim.
    Waiting on the MEB and the process has taken almost 3 years and I am tired of waiting.
    The Guard does a good job of explaining the options and making sure the packet is completed. So here is what I have to decide and looking for input.

    Do I continue with the MEB which may take another year to finish.
    OR do I elect to medically seperate The DA Form 4187 list the reason as Medically unfit for Retention Standards per IAW AR 40-501 Chapter 3. My understanding is that this is an honorable discharge but no benefits.

    I have no GI bill or education benefits, etc. And severance appears to be something that you get and pay back. retirement with only a few hundred points seem worthless. Am I missing some benefits here? Appreciate any thougths on the matter. If I am getting VA benefits, this situation seems fine.
  13. Jason Perry

    Jason Perry Site Founder Staff Member PEB Forum Veteran

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    The main clear benefit to a retirement is that you will be entitled to TriCare for yourself and any eligible dependents (present or future). The 40% would be applied to your retired base pay (which is calculated based on the average of your high 36 months of base pay; though, if you do not have that much time, there is an alternate calculation where they deem your calculation as if you were on active duty in the 36 preceding months). Depending on your grade/rank and the amount of your VA pay, the military money may be more (or not).

    Seems that you would have little to lose and a lot to potentially gain by pursuing retirement.
  14. chief jr

    chief jr PEB Forum Regular Member

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    Greetings Roxie66 based on the info you provide below it sounds like they performed a fitness for worldwide duty based on a NON Service Injury/illness. If your injuries were in the line of duty while in some type of duty status, then they are incorrect in your Disability Process which should be a MEB. Good Luck, Chief jr
  15. mp281s

    mp281s PEB Forum Regular Member

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    If you are found unfit for duty these are the outcomes :
    — SWOB (no % given)
    — LOD no, EPTS etc.
    — SWSP
    — Rating of 0%-20% and less than 20 YOS
    — (2X your base pay X min. 3 years non-combat, 6 years for combat related. Max 19 years)
    — TDRL
    — Rating of 30% or more or 20 YOS and medical condition is NOT stabilized enough for permanent rating
    — Periodic re-exams every 6 - 18 months (5 yr maximum)
    — Minimum of 50% pay for TDRL retirement check
    — PDR
    — Rating of 30% or more or 20 YOS
    • You are entitled to submit a written appeal
    — You may request a formal hearing, as an exception to policy
    — The PEB President decides whether to grant a request for formal hearing to contest a fit finding
    — If your disposition is “UNFIT FOR FURTHER MILITARY SERVICE”, you have the right to request a formal hearing with or without personal appearance.
    — You can also submit a written appeal as to what you disagree with.
    — You have the right to be represented by an attorney from JAG or by a counsel of choice (civilian - at your own expense) for your formal hearing.
    — You may also elect to have representation from any of the various veterans organizations, if available. (DAV- Disabled American Veteran) These services are free.
    — Component of HRC
    — Reviews and approves/disapproves findings and recommendations of the PEB
    — The PDA may:
    — Return case to PEB for reconsideration, clarification, further investigation, formal hearing or other action
    — Issue modified finding which could change Soldier’s disability rating and/or disposition
    — Soldier has appeal rights (counsel + 10 days to sign)
    — If PDA modifies PEB findings and you nonconcur, your case will be forwarded to USAPDAB for final decision.
    — PDB receives case from PDA and acts on final decision by PDA
    — UNFIT:
    — Transmits message to your Transition Center for disability separation/retirement orders
    — Assigns final separation/retirement date: “Not Later Than 90 days” for AD/Reserve. NG has 30 days to return to unit for final seperation
    — Transition Center will publish appropriate orders
    — FIT FOR DUTY:
    — Issues a fit memorandum to the MTF
    — The fit memorandum completes the disability evaluation processing
    Soldier unfit for duty
    • PDR ratings are permanent
    • TDRL ratings do not change while
    on the TDRL Army:
    • Rates only conditions that make the
    • Compensation is affected by years of service and basic pay
    • The Army is not bound by the VA ratings nor is the VA bound by the Army’s ratings
    VA:
    — May rate ANY service-connected impairment and will base the rating on their independent evaluation
    — Ratings may fluctuate
    — Compensation is a flat amount based upon the rating (%)
    — Soldiers are encouraged to file a claim with the VA - benefits are not automatic
  16. 88M79T92Y

    88M79T92Y New Member

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    Need advice, knowledge and guidance. I had 18 years mixed with active, reserve and guard time. My guard unit found that I had a 60% rating at the time and found me unfit for duty. I got a medical "other than honorable" in May 2009. I recently got 100% unemployability from the VA. As for the Army/NG, the injuries were deployed related but not combat related. Is there a next step for me? Do I get "retired" status and an ID card? Am I entiled to pay?
    Can someone clarify?
  17. carnelli53

    carnelli53 PEB Forum Veteran

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    Were you found unfit by the Physical Evaluation Board or were you administratively discharged? If you were administratively discharged for medical conditions which precluded you from performing your duties, the next step may be appealing back to DoD.
  18. xgijane

    xgijane PEB Forum Veteran

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    MEB requested, never happened. No MEB/PEB/NARSUM, no counseling, no liaison officer. Was completely disabled during my last 6 mos. of 20 year National Guard enlistment. Was incompetent. Later found to be 70% Psyche and %30 UI by VA, and SSDI. Was only sent a letter(2 line memorandum) after my retirement stating that I was fit for duty! Was not sent retirement paperwork until six months after, and lost VGLI eligibility, and should have been advised to apply for VA Comp upon or before retirement while going through MEB process for medical retirement, (possibly while on TDRL) but was never out-processed in any way, shape or form. Was told 2 years later that I should apply, and lost backpay for time between retirement and application. Apparently need to do ABMCR to get VA to even consider backdating(filed appeal to backdate to date of release-within 1 year of release, but VA said it had to be within 1 year of active duty discharge), but don't know where to look to find sample letters to send to ABMCR with application. Also, has anyone ever fought (and won)to get VGLI after deadline passed(when disabled)? References, laws, regulation numbers and paragraphs, case law all appreciated.Thank you.
  19. Jalon

    Jalon New Member

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    In the same boat with a few of you. I was told I was being medically separated/retired for sleep apnea and the document given to me stated I was being separated/retired (unfit to continue military serivce), due to non-duty related illness. I have 10 yrs active duty and 5 yrs AFANG. My commander is on my side in getting me medically retired but with that do I get my benefits now??? or at age 60. I read in previous posts that I can appeal to a MED board and if they determine me to be unfit and set a 30 to 50% rating that I would get my pension immediately. Is this an accruate statement? as well if I let this play out will i get normal 15 yr pension as well as medical pension at 60 if I go the grey area separation? so many different avenues to take and all are very confusing. any assistance is greatly appreciated. Thank you
  20. Bull

    Bull PEB Forum Regular Member

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    My husband received a letter from Army National Guard stating The findings and recommendations of the Army National Guard State Surgeon, which issued him Permanent Profile on October 2011, are that he be referred to the Medical Evaluation Board (MEB) for not meeting medical retention standards or he can elect to waive rights. He was injured while deployed in Iraq with back injuries. He is in constant pain even with injections and physical therapy. He can never do what he could do before due to his injuries. He works with pain as he has to support his family.

    Would it be wise to go through the MEB instead of choosing a medical retirement ? He has 15 years AD and ANG. To me it sounds like they want him to take the retirement without going through the board. I feel he will lose if he does that. He does have a VA disability rating of 60%. Would we be able to continue with Tri-Care and Dental if he medically retires or will we lose all those benefits and have to purchase insurance through his current employer?

    I have an uneasy feeling about the medical retirement without going through the board. Your input is appreciated.

    Respectfully,

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