Sooooo.... I was deployed to Morón, Spain for 120 days in support of Operation Unified Protector. While in Spain I herniated 2 discs in my lower back. Subsequent swelling and inflammation caused pressure on my sciatic nerve which in turn caused my left leg to go numb. I was sent home 30 days early with a Line of Duty Determination in hand. Upon return to the US I had an MRI and saw an orthopedic doc who said I was not to do any bending or stooping and no lifting over 15lbs and ordered to do physical therpy 3 days a week for 2 months. All of my LOD/MEDCON paperwork was turned into my clinic 30 days prior to my orders ending.... That was in Oct. here we are 21 Dec and I haven't been paid since 15 Nov. So my orders end... The clinic (worthless) says they're still processing my MEDCON orders. Got a call on 16 Dec... MEDCON orders approved BUT they don't start until 18 Dec. what about MEDCON for 16 Nov to 17 Dec?? Apparently the MEDCON for 16 Nov to 17 Dec was not approved! HOW can that be???!!!! A one month gap in orders?
LOD/MEDCON ....nightmare is just beginning!
- Thread starter Wmhealy
- Start date
I assume you are Air Force (Reserve or Guard)? If so, consider yourself lucky for getting MEDCON approved. I am still waiting on a Congressional Inquiry to come back to see if I get put on MEDCON since I was denied after coming back from Iraq in January 2011. My story is a bit more complex than yours, but I have DDD and a pinched sciatic nerve.
What you will need to do is file with AF BCMR to get the orders backdated. Medical and the Air Force say they say there is nothing they can do. If BCMR does not help, then you can file in Federal court.
Once I get put on MEDCON for the IDES (just waiting for contact from the PEBLO - package is enroute), I will push to get my orders backdated.
The key is they can only backdate you to the date you were found unfit. So in my case, I was finally determined Code 37 (unfit) and referred to the MEB in June 2011 (another part of the complexity) so when I do push to get the orders backdated, that will be as far back as I can go.
In your case (as well as mine), when you are put on MEDCON for referral to the IDES, remember you are to remain on MEDCON until you are found fit or processed through the IDES.
Good Luck!
What you will need to do is file with AF BCMR to get the orders backdated. Medical and the Air Force say they say there is nothing they can do. If BCMR does not help, then you can file in Federal court.
Once I get put on MEDCON for the IDES (just waiting for contact from the PEBLO - package is enroute), I will push to get my orders backdated.
The key is they can only backdate you to the date you were found unfit. So in my case, I was finally determined Code 37 (unfit) and referred to the MEB in June 2011 (another part of the complexity) so when I do push to get the orders backdated, that will be as far back as I can go.
In your case (as well as mine), when you are put on MEDCON for referral to the IDES, remember you are to remain on MEDCON until you are found fit or processed through the IDES.
Good Luck!
Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
There are a lot of facts that can change the analysis. That said, I would not say that they "only" can backdate your orders until unfit finding. I would look at the date of break in orders being the most likely right date the orders should be backdated to. I know we aren't talking a concrete set of facts here, but, for example, if they fail to examine you or issue a finding in a timely manner, I don't think that is a legal impediment to having orders issued for an earlier date. (Though, it may present problems with proving the degree of disability, it does not change the legal entitlements if the AF fails to evaluate/exam/continue someone on orders).
Air Force Reserve...yes. My LOD determination was signed and sent home with me on 14 Sept from Moron, Spain. From 15 Sept to 21 Nov, I was seen by my primary care doctor and orthopedic doctor and also participating in intensive physical therapy. The whole process is a JOKE! How can I be sent home with a LOD determination on 14 Sept stay on CMAS orders until 21 Nov and then have a gap from 22 NOV to 17 Dec?? It makes no sense. I didn't get better from 22 Nov to 17 Dec....and then get worse and need MEDCON from 18 Dec to 20 Jan! I did receive the AF CMR DD form 149 from the clinic today. Would my unfit "determination" be the day my LOD determination was signed?
What "likely" happened is that someone dropped the ball and failed to amend your medcon orders when they were supposed to. Then, since they dropped you off, they won't put you back on until a FINAL lod determination......ie, NOT the interim you left Spain with.
It's my understanding that AF/A1 Medcon was undergoing some "turmoil" around the time you went off orders, and there is also a new policy that came down from the Manpower and Reserves SES during that time.
Looks like you'll have to file with the AFBCMR......but don't worry, the process has only been taking around 11 months lately....
89Falcon,
Can you elaborate? I'd like to hear what happened with those clowns.
Wmhealy,
Since you are going through the IDES, I am sure the BCMR answer will come back while you are still in. The unfit finding is when your military PCM has made the determination your case needs to be referred to the MEB. Once you have your PEBLO inbrief, your MEDCON should not run out because they are supposed to keep you on orders until you are found fit or processed through the IDES.
It's just my understanding that there has been some turnover in personnel
wow mine only took 3-4 months if even that, guess I am one of the lucky ones. Good luck, hope everything works out soon!!!