Retinitis Pigmentosa and the National Guard

I have been in the National Guard for going on 19 years. I have had 2 tours in Iraq and was recently diagnosed with Retinitis Pigmentosa. I am already legally blind and have no idea where I stand on MEB. I also have COPD/Asthma from the burn pits and breathing in the dust in Iraq. I have file for C&P with the VA and was told this will be service aggrevated. Will the military go by what the VA rating is or will this be a beast all on its own since I am already legally blind? I just don't want to reach the point where they just put me out due to not being to make it to IDT each month. I am also a Federal Technician so I know my fate there.
 
I'm sorry to hear about your conditions. Have you talked to your medical provider at the NG? As your probably know RP is an inherited disorder and thus probably not service connected, but may have been aggravated by the bright light or Iraq. Do you have a LOD on your respiratory diseases?
 
I reported the cough before leaving Iraq and several times after returning. The VA finally sent me in 2013 for PFT at first it was RADS then on my problem list the COPD/Asthema showed up in 2016. The VA rep told me that since the RP was found while I am still in service then it should be aggrevated but not connected and I have so many years in. The VA sent me for more PFT tests for my copd claim. I have C&P exams for the end of the month. I know one of them is for my ankle that I ended up having surgery on and it is LOD. I haven't had any information yet that pertains to the RP. All I have done with the MEDCOM is sign my release so they can pull my VA medical records. I ask my medical person for the DRU and all I get is " I turned the form in for them to pull your records from the VA". I have no idea if it the MEB has been started.
 
The VA has sent me to Blind Rehab in Biloxi and I am on 2 inhalers. One is twice a day and the other is up to 4 times a day or as needed. I was also told that for the 8 year rule it is same in NG but it is 15 years instead of 8.
 
COPD/Asthma are easier to get service connected if you file with the burn pit registry.

Retinitis Pigmentosa is going to be a little squishy to get service connected if you are reservist. Do you have LOD for the condition? You must also be on active duty for 30 days or greater at the time of referral to MEB for the eight year rule.

Here is a quote from @Jason Perry

One thing to note as regards reservists, the eight year rule, codified at 10 USC Sec. 1207a, states it applies to those who would be covered by Secs. 1201,1202,1203. In order to be covered under those sections, you must be on orders for 30 days or more. So, in many cases it is to a reservists advantage to be on active duty when referred to PDES if they have more than eight years of service.
 
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As of today the State Surgeon's Office still has no idea what to do with me on my eye condition. My C&P exam looks to go my way on the COPD/Asthma and my ankles by reading the exam report. Still no word on the eye disease of as yet. There is nothing anywhere in my medical records that state I have a hereditary eye disease and I seen where the burden of proof is left up to the military to prove it is at natural progression. I believe where they are lost at is what is natural progression for Retinitis Pigmentosa? I have read where it has been dormant in people as old as 80. I'm 47 and it just showed up about 6 mths ago and I have almost 19 years in the National Guard with some of that being Active.
 
Well, update: State Surgeon's Office has still done NOTHING! I am to the point I am having to get someone pick me up for work and bring me home because I don't drive anymore. I think HR for my Fed Tech job is waiting to see what the military does.
 
Another update: Still waiting on the State Surgeon's Office to get a signature on the permanent profile. It has been at this stage for about 3 months. I am now legally blind and can't walk down the hall without holding on to the wall. I have ask if there was anyway to speed up this process because I am really getting frustrated that it has just stalled out at this point. Also, since I have already initiated the VA disability part for all my issues will the process go quicker when I do finally get past the State?
 
I am sorry to hear you visual acuity is so low and that the issue with the state is stalled.
 
I know I will qualify for my retirement for going out on medical before 20 year mark. Whether or not they will find my condition service aggravated or not, I have no idea. I have over 19 good years at this point. I'm just scared my state is going to get tired of giving me a pay check each month for basically just showing up and get rid of me. The state is still setting on my paperwork and my ETS is in February.
 
Update: I finally to the 2nd signature and I found out that my packet was submitted as a non-duty. This was the unit I was attached to while my unit was deployed. I am being given the opportunity to finish out my time to get my 20 year retirement in October of this year, which I am very thankful for. I am still waiting for VA to make a decision. I found out they didn't specify which VA Medical Center so they are having to resubmit for those records. In the meantime, I have been sent to my 4th Dr visit for my eyesight and my estimated date changed from 31March2019 to 18December2019. Received 2 letters yesterday that they are requesting a 4th appointment for my ankle and a 3rd one my hearing loss & tinnitius. I just hope they make a decision before the military puts me out. It is like they lost all my stuff and starting all over. Is this common for this many appointment?
 
It seems about right to me, I was diagnosed with RP when serving active in 2003 and they sent me to several appointments and took two evaluations as the first one got "lost". They determined that since it was genetic I had it before I joined the military so I was honorably discharged early wiithout benefits and I did not appeal. Last year I met another person who had service connection with RP and told me that technically if you have symptoms that first appear while serving active you are entitled, not sure about the National Guard impact though as that adds a level of questions I am unfamilliar with. As far as legal goes the "presumption of soundness" places the burden on the VA to prove that the symptoms did not first incur/manifest in service. and PREC 67-90 and PREC 82-90 states if retinitis pigmentosa first manifests in service it is identified as incurred (and eligible for compensation) and that these symptoms being incurred in service establishes SC under 38 CFR 3.303(b)

The big however in this is that without legal representation they will deny you as it is easy for them to ignore the rule and state that it is genetic and ignore that these decisions identify that it is the symptoms and not the disease that makes the difference. I kicked off a claim January 2019 was recently denied and now I am going in on an appeal which will probably take a couple years but it is what it is.

Best of luck to you, the RP ride is a rough one and vision loss rate is crazy unpredictable.
 
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