PEB/MED Board Attorney - Recommendations

I am a Navy reservist and currently going through a Medical Retention Review (MRR) process. This is the reserve side of the house just like a PEB/MED Board.
- 12 years active duty
- 4 good years reserve
- 100% P&T through the VA
- I do not see myself being cleared so looking at the possibility of medical retirement, Ch 61
I was not able to preform the last PRT due to an ongoing injury. This is when medical put me on a not fit for duty status and referred me for an MRR. I am about to turn in all the required paperwork but would like to speak with an attorney to make sure everything is documented correctly.

Looking for recommendations on who to speak with. I have heard there are many good advocates for this process at no charge

Thank you for the help!

 

[Provis]

I am a Navy reservist and currently going through a Medical Retention Review (MRR) process. This is the reserve side of the house just like a PEB/MED Board.
- 12 years active duty
- 4 good years reserve
- 100% P&T through the VA
- I do not see myself being cleared so looking at the possibility of medical retirement, Ch 61
I was not able to preform the last PRT due to an ongoing injury. This is when medical put me on a not fit for duty status and referred me for an MRR. I am about to turn in all the required paperwork but would like to speak with an attorney to make sure everything is documented correctly.

Looking for recommendations on who to speak with. I have heard there are many good advocates for this process at no charge

Thank you for the help!

Most attorneys won't charge you for initial consultation so I would at the very least reach out to some. If you have 15 or more good years which I believe you do at the very least you can retire at age 60 or less with qualifying deployments. Since you are 100% VA there is very little chance of extra compensation with a Chapter 61 retirement since VA disability offsets a chapter 61 retirement pension and that VA amount is usually higher than the chapter 61 amount. At 100% you qualify for CHAMPVA so you have healthcare. The advantage to having LOD and retiring immediately is Tricare and some of the VA a recoupment you can be clawed back via CRSC if you qualify.

 

[TNMilitaryVet]

Most attorneys won't charge you for initial consultation so I would at the very least reach out to some. If you have 15 or more good years which I believe you do at the very least you can retire at age 60 or less with qualifying deployments. Since you are 100% VA there is very little chance of extra compensation with a Chapter 61 retirement since VA disability offsets a chapter 61 retirement pension and that VA amount is usually higher than the chapter 61 amount. At 100% you qualify for CHAMPVA so you have healthcare. The advantage to having LOD and retiring immediately is Tricare and some of the VA a recoupment you can be clawed back via CRSC if you qualify.

Current VA disabilities are all service connected and when I asked about an LOD, I was told it was not needed as no injuries were as a reservist. All were active duty. Some disabilities should be approved for CRSC as I was a pilot and injury happened over seas (Back, Neck, PTSD, etc.).

 

[PERS-95]

Hold up.

You said “MRR.” That will not get you to disability retirement. MRR is no benefits, simply a determination of whether you are physically qualified to continue to serve or not. It is *absolutely not* the same as a MEB/PEB process.

You need to go back to your NRC MDR and have them educate you on this.

 

[TNMilitaryVet]

Hold up.

You said “MRR.” That will not get you to disability retirement. MRR is no benefits, simply a determination of whether you are physically qualified to continue to serve or not. It is *absolutely not* the same as a MEB/PEB process.

You need to go back to your NRC MDR and have them educate you on this.

MRR is the first step in the process as a reservist... if determined unfit, next step is an MEB

 

[PERS-95]

MRR is the first step in the process as a reservist... if determined unfit, next step is an MEB

No sir. This is wrong. MEB does *not* lead to PEB for benefits.

PEB wears multiple hats. One of them is the “MRR appeals board” role, where they uphold or overturn NPQ-RNR findings from BUMED. THERE ARE ZERO BENEFITS from this PEB role.

You CANNOT get to benefits directly from MRR. Someone is misleading you, or you have a gross concept error. I am begging you to go to your NRC MDR and get educated.

Background can be found in the NAVMED P-117 (AKA “MANMED) 15-23.

MRR and LOD/DES are two entirely different processes.

 

[PERS-95]

Current VA disabilities are all service connected and when I asked about an LOD, I was told it was not needed as no injuries were as a reservist. All were active duty. Some disabilities should be approved for CRSC as I was a pilot and injury happened over seas (Back, Neck, PTSD, etc.).

Also, if none of your injuries have nexus to a qualified period of Reserve duty (IDT, IDTT, ADT, AT, Recall orders, funeral honors, etc), you will not be eligible for Line of Duty through the Reserves. You can always go through VA, or apply for USN benefits through BCNR, but USNR benefits will not be open to you. SECNAVINST 1770.5 refers, right at the bottom of the first page and onto the second page.

 

[johnbgately]

PERS-95 is correct as to the meaning of the MRR acronym- MRR is the process by which Reservists may appeal a “Not Physically Qualified” determination made by the Bureau of Medicine for an injury determined to have occurred while not in the line of duty- in other words, you would be heading towards a Non-duty Related PEB in which your only options would be to either contest a Not Physically Qualified finding or to accept the determination. In your case, with 15 good years, you could submit a retirement request as an NPQ member. In extremely rare cases, it is possible to seek a President-directed IPEB Reconsideration to terminate an NPQ/NDR case and send it back for further development and potential re-submission as a duty-related PEB case; however, that rarely happens and requires extensive evidence to support that request. So, you really do need to clarify whether this is a true MRR leading to an NDR/NPQ PEB or whether there has just been some confusion on your part or that of others regarding terminology.

 

[Mrr?]

I am going though a MRR now. what happens if I am found unit? I just transitioned from active duty and all my issues are from my time on active. What options do I have? Also, I felt active duty should have medically spectated me, I received a high Va rating the day after I separated.

 

[Provis]

I am going though a MRR now. what happens if I am found unit? I just transitioned from active duty and all my issues are from my time on active. What options do I have? Also, I felt active duty should have medically spectated me, I received a high Va rating the day after I separated.

If that leads to non duty related PEB they will find you unfit and discharge you or fit and you stay in.

 

[Mrr?]

If that leads to non duty related PEB they will find you unfit and discharge you or fit and you stay in.

How would it be determined that it is not duty related?All conditions were documented on active duty and I transitioned directly to reserves. Thanks for the reply.

 

[Provis]

How would it be determined that it is not duty related?All conditions were documented on active duty and I transitioned directly to reserves. Thanks for the reply.

They will say it didn't happen while in the Guard/Reserves. Not sure which one you are in. If you had conditions that caused you to be unfit while AD they will state you need to file an ABCMR to get it corrected because Active Duty Army should have sent you through IDES. If you believe your conditions were aggravated while in the Reserves/Guard that would be your argument but its an uphill battle to win them over.

 

[beckynbach]

Any updates on this. Im going through my NDR-PEB now in the national guard. My election documents say the NDR peb will have 4 results.
1. Return to Duty
2.unfit discharge
3. Unfit with 15 year retirement
4. Unfit 20 year retirement

 

[Jason Perry]

Any updates on this. Im going through my NDR-PEB now in the national guard. My election documents say the NDR peb will have 4 results.
1. Return to Duty
2.unfit discharge
3. Unfit with 15 year retirement
4. Unfit 20 year retirement

I am currently fighting this issue of "NDR" processing for an Army client. For cases where there is no period of active duty of more than 30 days or an injury incurred while at IDT or ADT, there a fewer issues you can fight. Basically (and here is the "rub") if your disabilities weren't incurred or aggravated during a period of qualifying service, you aren't entitled to compensation. However, from what I have seen, the processing for NG/RC Soldiers (and this is true for all components) is broken.
In the Army, you should get an LOD done or an administrative determination from the MEB as to service incurrence or aggravation. Absent that, you can (and likely will) get an I INTEGRATED DISABILITY EVALUATION SYSTEM REFERRAL MEMORANDUM (IDRM), which allows the case to move to the PEB. But, what almost always happens is that the IDRM cases are not given the same level of evaluation as the regular process. After speaking with the supervisor at the NGB G1- Medical Actions Branch (MAB), they told me the proper processing is that if the case is "acceptable" and the Medical Actions Branch issues the IDRM (which I am not seeing uniformly happen, I am seeing State NG units generating the IDRM packet) and the case can be referred to the PEB. What is supposed to happen is that the PEB conditionally adjudicates the case, refers the case to HRC for an LOD determination, and then the case is resolved based on HRC's determination. While that is the input from the MAB, I think there is a huge disconnect between what is envisioned and what actually happens. I think that in the case where the PEB finds in the member's favor, all is good. No harm, no foul, and the Soldier gets his or her due. But, I strongly disagree with the idea that the PEB or HRC can rule on a case without conducting a Formal Line of Duty investigation.
There are a lot of issues intrinsic in this issue. I think the Army (and all services, really) are illegally and improperly separating members based on the NDR process.