90 Day Non-Duty Removal

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peter123

PEB Forum Regular Member
Registered Member
I am a national guard O3. I was referred to non-duty MEB for shoulder injuries this week. I am being told that none of my tracked conditions through the VA will be considered and will not be considered for MEB allowing for an actual retirement. I am a combat vet who has been undergoing PTSD treatment with the VA for a few years now- (70% PTSD as of this year). I do not have LODs for this or other conditions. Currently sitting at 90% overall with VA.

I was rated at 90% in November- and I have a PHA this coming weekend. Is it possible to request my recent PTSD rating be looked at for a duty related MEB instead of a non-duty MEB?
 
here is something for you,

- EXISTING PRIOR TO SERVICE AND THE EIGHT YEAR RULE

THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to...
citizen-soldier-law.myshopify.com citizen-soldier-law.myshopify.com
 
actionjackson98312 said:
here is something for you,

- EXISTING PRIOR TO SERVICE AND THE EIGHT YEAR RULE

THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to...
citizen-soldier-law.myshopify.com citizen-soldier-law.myshopify.com
Click to expand...
I appreciate this information. Thank you. I'll have to see if this applies to my sitiation.
 
If you have put them on your pha through the years you can request to see someone from behavioral health from the guard side. If you don’t have an LOD guard likes to make it harder for you. Also probably state dependent. Their biggest thing is “in the line of duty”. The PEB will look at whether or not your condition(a) preclude you from doing your job. So as an O3 in JAG, accommodations can be made for a bad back whereas in aviation, not the same can be done.
 
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