retirement and disability questions (Pre-MEB)

[lunareclipse3000]

Hello

My case isn't as severe as other members but I figured I'd ask about it anyway. Before I get into it, please know that I have read numerous pubs and directives to include sep and med retirement manual, chapter 61 and all of the affiliated crap.

I have answered most of my questions but still have a few that nothing I can find specifically answers.

Background:
I am Aircrew for the USMC and was diagnosed with Idiopathic Hypersomnia (IH), which is a complete downer (and complete garbage!). I have been removed from flight status, and pending a second opinion. I know the second opinion will yield the same results as the first so I have come to terms with the fact that I'll never fly again. IH is also a disqualifying diagnoses for the Marine Corps itself...the doc says we may be able to get a waiver...With that said, here come the questions...and I have a lot of them.

Questions:
Retirement and disability rating-IH is rated at 30%, enough to be medically retired. I also have tinnitus rated at 10%, through the VA's calculations the total comes out to 37 and rounded to 40%. Take a step back. For my retirement pay, formula A is 2.5% times number of years (will be at least 7 by the time we get to this) times retired base pay, thats one option I've heard/read. Formula B is if the PEB rates me at, lets say, 30%, that means I get 30% of my base pay at retirement...OR are they both verified and you are allotted the higher yield of the two? See how this can be confusing?

EAS- If for some reason, this board lasts into and passed my EAS, (I will not be eligible to reenlist) SO are they just going to kick me out before I'm rated any sort of disability? Or do I have the security of Med hold until the PEB has made their decision?

How long will it last-This, I know some of you will find rather amusing that I ask but, assuming I am placed on the PDRL, will the USMC retirement and VA compensation last until I'm 6 feet under? I understand the VA my fluctuate here and there but I'm refering to a complete and total loss of benefits. Again, I know what retirement is but I CANNOT anywhere read about specific statements regarding the matter. Literature is law and if I don't read it, I don't believe it.

I realize I have a long way to go before I have a final decision from the PEB but I don't like surprises. I think we all know and understand how unpredictable the military can be and we've all been caught with our pants down a time or two.

Thank you so much in advance for the support!

 

[joshgo]

Questions:
Retirement and disability rating-IH is rated at 30%, enough to be medically retired. I also have tinnitus rated at 10%, through the VA's calculations the total comes out to 37 and rounded to 40%. Take a step back. For my retirement pay, formula A is 2.5% times number of years (will be at least 7 by the time we get to this) times retired base pay, thats one option I've heard/read. Formula B is if the PEB rates me at, lets say, 30%, that means I get 30% of my base pay at retirement...OR are they both verified and you are allotted the higher yield of the two? See how this can be confusing?

DFAS will calculate your retirement pay and give you whatever is more advantageous to you. Which is usually formula B as you stated. However, just to clarify, 30% does not mean you'd get 30% of your base pay at retirement. It means 30% of your retired base pay, which is your High-36 (the average or your highest 36 months of base pay).

EAS- If for some reason, this board lasts into and passed my EAS, (I will not be eligible to reenlist) SO are they just going to kick me out before I'm rated any sort of disability? Or do I have the security of Med hold until the PEB has made their decision?

I was AF but I believe the USMC is the same. As long as your MEB has already begun, once you reach your EAS, you will be extended 6 months out at a time for as long as needed to complete the MEB.

-This, I know some of you will find rather amusing that I ask but, assuming I am placed on the PDRL, will the USMC retirement and VA compensation last until I'm 6 feet under? I understand the VA my fluctuate here and there but I'm refering to a complete and total loss of benefits. Again, I know what retirement is but I CANNOT anywhere read about specific statements regarding the matter. Literature is law and if I don't read it, I don't believe it.

Yes, you would be getting a check for the rest of your life.You should also read up on SBP and DIC which would help make sure your dependents are taken care of after you pass. I haven't done much research in these myself so I can't tell you much.

 

[lunareclipse3000]

Thanks for the clarification. I also have one more thing that needs to be clarified. My doc is telling me that if I am indeed unfit to fly according to this second opinion, that I can choose to get out because its a breach of contract. My superiors are saying that if I am afforded the opportunity to be reassigned to a different MOS then, I have to take that route....The problem is, I have zero interest in anything other than flying with the Marine Corps. I didn't join to be a ground pounder. The doc says to plead my case as "I don't want to do anything other than fly".

How accurate does this sound?

 

[Jason Perry]

Thanks for the clarification. I also have one more thing that needs to be clarified. My doc is telling me that if I am indeed unfit to fly according to this second opinion, that I can choose to get out because its a breach of contract. My superiors are saying that if I am afforded the opportunity to be reassigned to a different MOS then, I have to take that route....The problem is, I have zero interest in anything other than flying with the Marine Corps. I didn't join to be a ground pounder. The doc says to plead my case as "I don't want to do anything other than fly".

How accurate does this sound?

No, the doc seems confused/mistaken...There is no "breach of contract." It's not a contract issue, its a physical disability issue, which is processed under Chapter 61. You are going to be fit or unfit to perform the duties of YOUR MOS and GRADE, not some other job. Your superiors also seem confused. And, it is not wise to plead your case as "I only want to fly." (At least not to the PEB....if you were to somehow be cross trained to another non-flying MOS, then you would be able to argue about your fitness to the PEB based on new job....but as you said, that is not what you want, so it really would not do you good anyway).

 

[USMCF18Driver]

My scenario is similar to lunar eclipse. My case is ongoing, as I am undergoing treatment for idiopathic hypersomnia. I find the situation frustrating because I went to the doc after a review board of decreased performance in the jet during long days. The doc told me I have hypersomnia and am a risk to others, possibly shouldn't even drive a car. The thing is, I am a very capable Marine. I am trying to fight the diagnosis, but if I am unable to get back to flying status, how can I still justify 30% disability if I spend the next 6 months trying to show I am capable? I would really like to know the outcome of lunar eclipse situation because if I can't do my job due to a nebulous diagnosis, then my family should get the benefits we deserve for me being (some quantifiable percentage AFU) The docs are trying to railroad me out of the Corps, and I want to fight that out of principle. Also, I saw on the VA site that narcolepsy is only a 10% disability. How did lunar eclipse end up with 30% for IH?