Jason Perry
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  • My daughter is in US Army, and about a year ago, she had a car accident in Germany in the snow, and her car flipped over. Now her Commander is trying to chapter her out under AR 635-200 failure to adapt. Note she has been there since Sept 2020, over 24 months, and has been promoted from PVT, PFC to SPC, no article 15 even. Not even a med board! Should I do a congressional on her behalf?
    Hello how are you doing I am in need of advice I was injured in Iraq sent to Brooke army Medical center for TBI had a surgery and for rehab I started to become I’ll also blood pressure uncontrolled dislocated sternum nose was broken I was an E-5 I had orders to BNOC but off course was canceled I was told that I was promotable met time in service and grade for E-6 when I was in the WTU my case manager wasn’t listening they instead of putting me in for med board they put me fit for duty but I was still I’ll they sent me to ft Meade understand joint command of the air force as a special duty assignment and to finish healing long story short my TBI continued to get worse my blood pressure never got controlled then I went into stage III kidney disease started having trouble with my heart had another surgery from the injury sustained in Iraq the joint command unit was told to send me back to the WTU but instead they ETSd me out I contacted the Wounded Warriors at Walter Reed and he said that unfortunately the Army failed you and on behalf of the U.S Army I am sorry but congress but no one is going to put their rank on the line and congress is not going to bring you back in I wrote to the Army Review Board I wrote to congress
    Mr. Perry, is there a source or regulation stating " Military Reserve Technicians must be at least 50 years of age and serve 20 dual status years or any age and have served 25 years as a dual status technician (no military buy back) in order to receive an annuity? HRO seems to think military buy back counts for MRT's to receive DSR retirement and not allow me for a Disability retirement. They said as a MRT that my buy back counts towards the 20 years but in the chapter 84 8414 it states "
    (2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician—

    (A) after completing 25 years of service as a military technician (dual status), or

    (B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),is entitled to an annuity."

    But others say, " show me were it says that buy back does count! ". I would say this says everything...correct? or is there something more direct?
    hello jason perry. where can I find info on this forum about how a medical retirement would work for a reservists? I here 100 different things. I even was in a PEBLO's office today and they were not sure how the reserve side works for the most part.
    Thanks,
    Shitty B
    N
    Not-a-shitbird.com
    Hello fellas.
    I am still serving. Currently deplpoyed. I have 8 good years. I may have 9. I met with a PEBLO here on my deployment who was also confused about what a reservist would get. I am 90% service connected currently. I understand there is 2 lanes. IDES and Legacy? Not sure if that is accurate. Would I want to use the DOD lane only since I am already service connected. If so, how would that work?
    Jason Perry
    Jason Perry
    You will be treated the same for pay calculations as an active component member. Look at Title 10 USC Section 1201. It is titled "Regulars and members on active duty for more than 30 days: retirement."

    If you elect Legacy, the PEB will determine the ratings for your unfitting conditions (they are not bound by the VA rating determinations). If you elect the IDES, you will have C&P exams for all claimed conditions and the VA will determine your ratings. The PEB will be bound to apply the VA-determined ratings for your unfitting disabilities.

    My personal belief is that the IDES is almost always the preferred election (and it is the default). I have people tell me all the time that their PEBLO tries to talk folks into the Legacy system, giving warnings that it is possible that your VA rating could decrease. While technically possible, there are many protections for previously granted VA ratings, the VA has to give you a hearing if you request one before reducing a previously established rating, and if you have been continuously rated for 5 years, 10 years, or 20 years, the ratings have increasing evidentiary standards in order to reduce the rating. I have seen many more bad decisions from Legacy than I have from IDES. However, there are rare and narrow circumstances, especially if you need a faster outcome (because it is a bit faster) to opt for the Legacy system. You have to make your own election on this point, but I strongly believe IDES is the better system.
    I hope this helped! Good luck!
    R
    rknerl
    Jason are you able to contact me? I am unable to start a conversation with you
    Mr. Perry,

    I am attempting to be proactive but keep hearing sit back and wait.

    Good Morning. I am looking for help and focus. I am an Army reservist who has 30+ years. I was on active duty to Kuwait and upon return was placed in the SRU back in Sept of 2020 when the unit returned. I have had 2 knee surgeries and a shoulder surgery. I have been found unfit to return to duty and am in the process of a medical retirement. I was trying to look for medical documentation for my appeal that was supposed to be August 23rd. It has been pushed back to September 28th. I have very recently been diagnosed with stage 3 of 4 fatty liver disease (not alcohol related) as well as Fibromyalgia. What do I need to do to prep for this appeal? My PEB lawyer is not much help. My PEBLO said there isn't much I can to other than find supporting documentation and upload it on the VA website (MyHealthyVet). I have also been informed that I will not hear from my appeal lawyer/JAG in a week to 10 days prior to the appeal. Please help.

    Very Respectfully,
    Dave
    Mr. Perry,

    I was referred to your group by a liasion of my state. I am a veteran of the Mississippi National Guard. In 2016, while still in the guard, I was diagnosed with a cerebral angioma in my left temporal lobe. It was found during an ER visit for a migraine/fainting spell that happened not long after completing our 2 week summer AT. I went to a Nuero and was confirmed diagnosis. Over the next year my health depleted, and I was diagnosed with complex focal seizures in 2017. The guard decided to give me the option to discharge or PEB. I chose PEB. My contract ETS date was March 19, 2018. My PEB was started in fall of 2017. I never received any information about my PEB being completed. However, I did ETS. My discharge paper works says that I ETS'd, I am unfit for duty due to Migraines. I filed my disability claims, and I have still not received any disability rating. It has been 3 years and I am still waiting. I believe I should have been given a disability rating before leaving the military. I have medical paper work from a military doctor on base that says the symptoms were due to my training in the summer heat in the field for 12 days straight with no water. I was also was only one of 5 females in my unit, and I was one of only 2 linguists that ran mission ops during that 12 days. I was extremely exhausted, had little sleep, the food was army field food, and my body could not handle it, I guess. I need help to figure out what to do about my disability. Should I have been given a completed PEB? Is it legal to ETS/discharge me without finishing it? My unit needed my slot to be open for an incoming linguist to help on deployment. I often think this is why I was pushed out of the door. Do you have any advice?


    Leslie
    Jason Perry
    Jason Perry
    Leslie,
    I am sorry to hear about your health issues and the problems with your discharge. As a baseline, I think that the issue of the propriety of your discharge turns on whether or not your condition was in the line of duty.

    I filed my disability claims, and I have still not received any disability rating.

    I assume you mean a VA disability claim. Is this the case?
    Bottom line, at this point, if you want to challenge your discharge, you will need to apply to the Air Force Board for the Correction of Military Records.
    It is hard to provide much more input without knowing more about your case.

    Jason
    Mr. Perry,

    I am going through an MEB for Ankoloysing Spondylitis, and most of my joints are affected. I also have gastritis and esophagitis. I am only being MEB'd for the AS and am currently on Humira. I have been told that my ratings will be dictated by my ROM using DC 5240 but doing research, this is an active disease and should be rated under DC 5002. What can I use to ensure that I am rated under DC 5002 when I go to my VA exams? Any help would be greatly appreciated.

    V/r

    James Bolton
    Jason Perry
    Jason Perry
    James,

    Thanks for your question. I don't offer legal advice on the forum, but I can offer some insight.
    First, the threshold issue for ratings under DC 5002 are whether you will be rated on an active process or under chronic residuals. If you are not familiar with the rating criteria, here it is:

    5002 Multi-joint arthritis (except post-traumatic and gout), 2 or more joints, as an active process:
    With constitutional manifestations associated with active joint involvement, totally incapacitating100
    Less than criteria for 100% but with weight loss and anemia productive of severe impairment of health or severely incapacitating exacerbations occurring 4 or more times a year or a lesser number over prolonged periods60
    Symptom combinations productive of definite impairment of health objectively supported by examination findings or incapacitating exacerbations occurring 3 or more times a year40
    One or two exacerbations a year in a well-established diagnosis20
    Note (1): Examples of conditions rated using this diagnostic code include, but are not limited to, rheumatoid arthritis, psoriatic arthritis, and spondyloarthropathies.
    Note (2): For chronic residuals, rate under diagnostic code 5003.
    Note (3): The ratings for the active process will not be combined with the residual ratings for limitation of motion, ankylosis, or diagnostic code 5003. Instead, assign the higher evaluation.
    5003 Degenerative arthritis, other than post-traumatic:
    Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below:
    With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations20
    With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups10
    Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion.
    Note (2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic codes 5013 to 5024, inclusive.

    The services are notoriously bad about rating AS/RA, and many systemic arthritic conditions.
    Hope this helps!

    Regards,

    Jason
    Mr. Perry,

    Recently I just got my C and P exams back from QTC for my MEB and he seems to not only contradict himself, but he also states things that are not accurate. I have a condition called POTS and it seems as though the examiner rated it analogously under the METs scale. Even though I told the examiner at the appointment that my condition is exacerbated by exertion he wrote that I do not suffer symptoms from exertion. In my medical records there is proof of this as well since I am prescribed an exercise program that emphasizes recumbent exercises. The biggest concern is that in another DBQ for Neurological conditions, he makes notes that I have to avoid triggers of exertion. Also, my POTS causes Tremors and he wrote that he acknowledged seeing a video I showed him of severe tremors, but at the end in the remarks he claims that there is no diagnosis of tremors because it is a symptom of my POTS. From my understanding Tremors is a symptom that has to be considered separately because the METS scale doesn't cover the symptom of tremors. I attached a rebuttal using VA Form 21-4138 and I pointed out every section where there were discrepancies and then I attached medical records and highlighted the sections that debunked his inaccurate claims. Ultimately, how effective have you seen this to be as I seem to have found mixed opinions from people when it comes to submitting Statements in Support of a Claim. My goal is to try and bring these issues to the adjudicator before the IPEB applies ratings so that I can maybe avoid a VARR/FPEB. I attached pictures so you could see how bad the contradictions are. The first one is from DBQ Heart Conditions and the others are from DBQ for Neurological Conditions.

    Attachments

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    • Like
    Reactions: Jacque1950
    Jason Perry
    Jason Perry
    I hope all goes well for you.

    I only saw one question in your post: "Ultimately, how effective have you seen this to be as I seem to have found mixed opinions from people when it comes to submitting Statements in Support of a Claim."

    That is hard to answer. Many cases, everything goes well and the military services and the DVA get everything right; a lot of cases they get it wrong.

    I think you have to see what the outcome is before knowing what you are facing and what the strength of your evidence is for challenging any adverse decision.

    Jason
    J
    Justanotherradarguy
    thank you for the response!
    Hello Mr perry. Greatly appreciate what you have been doing after reading through. I have a case and i require some advice from you or anyone.

    Been having knee issues for 7 months now been to physical therapy for 4 months and then discharged, went to orthopedic after MRI and got diagnosed with chondromalacia in both knees however the left knee is worst showing much degeneration. I got injections prp which didn’t help then orthopedic told me to make a decisions with my career goals and go speak with my wife/family because my diagnosis is a condition that will separate me also being on a profile longer that 180 days will trigger one. I went home and made the decision that I’ll take the MEB option the orthopedic then schedule me to a FIT for DUTY and then told me and also put in her notes that I’d rather to exit the army via MEB and I should go back to PA.

    I went to My PA who now states that he has seen guys with this diagnosis still jump out of planes and keep doing airborne things. I am 3 months away from being 31 years old and have a kid on the way. My PA states that he sees that I just want to get out the ARMY and that’s okay to him but my right knee isn’t that bad opposed to the left. Also he told me I have to get my FIT for DUTY appointment fulfilled which is on Friday before he can do anything but therapy again. Is it that my PA is disregarding my diagnosis of my knees because I am in so much pain from this injury I received and it’s been since last year June. I joined late because I am in a little over a year. What are the odds at FIT for DUTY exam this Friday. Sorry for the long post.
    Jason Perry
    Jason Perry
    Optimistic,

    I am glad you have found the PEBFORUM and that is helpful to you. I will try to answer your questions, but I am necessarily limited by not knowing all of the details of your case.
    Been having knee issues for 7 months now been to physical therapy for 4 months and then discharged, went to orthopedic after MRI and got diagnosed with chondromalacia in both knees however the left knee is worst showing much degeneration. I got injections prp which didn’t help then orthopedic told me to make a decisions with my career goals and go speak with my wife/family because my diagnosis is a condition that will separate me also being on a profile longer that 180 days will trigger one. I went home and made the decision that I’ll take the MEB option the orthopedic then schedule me to a FIT for DUTY and then told me and also put in her notes that I’d rather to exit the army via MEB and I should go back to PA.


    If you have a P3 profile, that triggers an immediate MEB and PEB. (A temporary profile can last up to 365 days before meeting the medical retention determination point, or MDRP; however, 365 days is not necessary if you otherwise fail retention standards). If you have a condition that fails retention standards under AR 40-501, Chapter 3, that also triggers an MEB and PEB. It sounds like you probably meet that requirement. It also sounds like the provider is trying to push you out and away from having to process your case. If that is so, they are a disgrace.
    I went to My PA who now states that he has seen guys with this diagnosis still jump out of planes and keep doing airborne things. I am 3 months away from being 31 years old and have a kid on the way. My PA states that he sees that I just want to get out the ARMY and that’s okay to him but my right knee isn’t that bad opposed to the left. Also he told me I have to get my FIT for DUTY appointment fulfilled which is on Friday before he can do anything but therapy again. Is it that my PA is disregarding my diagnosis of my knees because I am in so much pain from this injury I received and it’s been since last year June. I joined late because I am in a little over a year. What are the odds at FIT for DUTY exam this Friday. Sorry for the long post.
    The baseline issue is whether of not you have a P3 profile or otherwise fail retention standards under AR 40-501, Chapter 3. Sounds like you have an incompetent or unethical PA who is trying to not do his/her job and is trying to shortchange you.

    I don't know about the "odds" of anything.The FFD exam is an option for your commander to request that the MTF determine whether or not you are fit for duty.

    It sounds to me like they are pressuring you for some reason to have this FFD, but they cannot deny you treatment because of a pending FFD exam. Something sounds very off here. It very well could be that the PA and the folks you are seeing are ignorant about the MEB and PEB process.

    I hope this was helpful. Feel free to post follow on questions (though, in a post is probably better than on my page).

    Best of luck!
    Optimistic
    Optimistic
    Thank you sir and I’ll do the post next time. Also notifying you of any changes. I am knowledgeable on a few things and i just want to know when is it enough to speak with a patient advocate but I’ll wait and see what happens because I was already diagnosed after 7 months of treatment.
    D
    david2
    There are caveats to VA benefits and medically retiring. Commander decided not to retain. I feel like NGB is just throwing me to the curb after 22 years of service and all those years of hearing trouble.<a href="24/7 Locksmith Melbourne | Emergency Locksmith Services Near Me"> locksmith northem subsurbs melbourne </a>
    Hello, Mr. Perry

    THANK YOU so much for this site and all the advice you provide!

    Allow me to introduce myself: AD USN LDO with 24 yrs.
    Here is my situation
    1) My mandatory retirement date is 01 Mar 2022.
    2) I was MEDEVACed from my previous duty station in Mar 2021
    3) 1st (and last) LIMDU expired in Sep 2021
    4) I was referred to PEB for 6 disabling conditions and got the "docket" number on 06 Oct 2010
    5) ALL of the QTC/VA claim medical evals were complete in Nov 2021
    6) from MILPERSMAN 1830-030: Involuntary/Mandatory Retirement or Fleet Reserve Transfer. Members pending a mandatory retirement ... will not be delayed unless member is either hospitalized or a medical board report has been accepted by the PEB for disability evaluation processing prior to the mandatory retirement date. If a medical board is referred to the PEB for review as a result of the member’s retirement physical, the medical board’s narrative summary should include a statement that the medical board is the result of the member’s involuntary/mandatory retirement physical (reference (a)). If delay of retirement is required based on the above, the commanding officer (CO) will advise NAVPERSCOM (PERS-482) of member’s situation and request modification of retirement date.
    7) PERS-482 is NOT supportive

    What are my options? Course of action?
    ANY advice is highly apprecieted
    Thank you.
    Jason Perry
    Jason Perry
    Funtik11,

    If you are in the PEB process (i.e. the PEB has accepted your case), you should not be separated or retired until the process is complete. You may face issues with the Presumption of Fitness Rule, but that is a rebuttable presumption.

    Much depends on what happens to you next. At the very least, you always have the option to apply to the Board for Correction of Naval Records if they retire you without fully going through the PEB.

    There are many details that I am not clear about your case. It may be that you should go to the IG or request Mast if they try to retire you before the PEB process is done. I am just spit-balling here because I am not sure about your exact situation. But, seems clear to me that you should not be retired until the PEB adjudicates your case.

    Jason
    F
    FUNTIK11
    Mr. Perry

    Thank you for the clarification, Sir!
    I appreciate it...
    Mr. Perry,
    Thank you for all of your work on this site. Those of us who have spent our careers in the Guard or Reserves have very little information on processes, rules, and rights. I have seen so many members just booted out of the door for medical issues that would have resulted in a medical retirement or high VA ratings simply because the member was a part timer and leadership thought it was easier to just move on. I have become a locker room lawyer for my flying squadron since being informed of an MEB after 25 years of Guard service. (yet I still don't know anything about anything) Your website and other contributors have made the process much easier. Is there a section related only to ARC members? Which kind of points are used for final determination of pay versus % DoD disability, etc? There is so much misinformation out there, and our Guard brethren are not subject matter experts...

    Thank You.
    Mr Perry, are you able to tell me what the rule is on “intent to file”? If say intent to file was submitted June of 2020 and documents not supplied by June 2021 what happens? Does it expire, do you have to refile, it’s not renewed yearly is it? Also, if you receive a military reserve pension will it be offset if you get VA benefits? I know there is a difference between VA pension and VA benefits can you choose which one to receive? And will receiving a VA pension wipe out the military reserve pension? I appreciate your knowledge and time!! All my best.
    Jason Perry
    Jason Perry
    "Mr Perry, are you able to tell me what the rule is on “intent to file”? If say intent to file was submitted June of 2020 and documents not supplied by June 2021 what happens? Does it expire, do you have to refile, it’s not renewed yearly is it?"
    I don't know what you are referencing, and for what purpose with this idea of "intent to file." I need more info about what you are talking about. Tihs is not a major concept in the issues that normally apply to military members who may have disabilities that are unfitting. If you can explain your issue or concern further, I am happy to offer my input.

    "Also, if you receive a military reserve pension will it be offset if you get VA benefits?"
    You are using a lot of terms of art that probably don't impact the answer to what you may be asking, but, confuse the issues and any chance I might have to help you. You can get a military retirement. The normal rule is that you can't get both military compensation and VA compensation for disabilities. However, if you have entitlement to a non-disability retirement, you may be able to get both the military retirement pay and the concurrent receipt of the VA disability compensation. (That would fall under CRDP-- you can find a lot of posts on this forum about that topic. The second way to get "concurrent receipt," is with a combat-related finding.


    " I know there is a difference between VA pension and VA benefits can you choose which one to receive?"
    VA benefits covers a lot of issues (education, loan programs, health care benefits, etc.) I am not sure I understand your question.

    "And will receiving a VA pension wipe out the military reserve pension?"
    VA pension is a specific program for very poor Vets. I don't think you meant what you wrote. Does VA disability compensation "wipe out" your military compensation? As I standard above, you normally get the higher of the two- payment by the military or payment by the VA.



    " I appreciate your knowledge and time!! All my best."

    Glasd to help, but I am not sure I understand your case. Best of luck!
    • Like
    Reactions: RonG
    Hello Mr Perry, l was injured at Annual training last july 2020. I underwent physical therapy, injections etc. Medcon kept saying l was a tier 2 not 1. In Jan 2021 l had decomp back surgery, they paid me tier 1 for 2 months. I went thru ldes, the findings has me rated unfit for my back, and specifies initial injury july 2020. I haven't went back to work as a title 32 miltech, still under care,and just received my retirement order for November 2021. I should have been paid tier 1 correct.thanks
    Hello Mr. Perry,

    I have a question, based on VASRD FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication. 30%

    Does Singulair (Montelukast) qualify if its prescribed daily for Asthma?
    Jason

    Have you heard from your son? What a difficult time to have a loved one in theater.

    Mike
    • Like
    Reactions: Jason Perry
    Jason Perry
    Jason Perry
    Thanks for asking! Yes, he left Afghanistan three days before the final departure of US forces from Afghanistan. It was before the reports of the bombing that killed the 13 heroes. It was clear he was safe at that time, but it was also a time of very limited communication.
    He is now in Kuwait.
    (The pic is of him- a relieved Soldier!)15BC56D9-297F-4B74-8796-A13B39F18BA8.jpeg
    chaplaincharlie
    chaplaincharlie
    Good to hear your son is out of Afghanistan.
    Hello Mr Perry, I so look forward to a response from you!
    I’ll keep this short as possible. What are the chances of the VA giving a favorable rating to any ailments being presented “NOW” after retirement from civil service and the reserves of 38 years. No prior medical documentation in service records. Only claims went to civilian doctors. I guess working on collecting medical now to present to VA for delayed submission. Claims: ptsd, hearing, shoulder impingement, wearing leg braces due to drop foot (lower back issue). Thank you!!
    Jason Perry
    Jason Perry
    I would not say it's easy, but neither is it impossible (and depending on the facts, it may be very achievable). I wish I had more to tell you. The problem with weighing in further is that the issues are really fact-specific to the circumstances of your case. Many Vets are able to get compensation after decades of service. At the same time, many are denied.
    Gathering evidence will be key. Also, if you don't apply, you are guaranteed to get nothing. The only way to get benefits and compensation is to apply for them.

    I hope all works out well for you!
    Hello Mr Perry,

    Can a Formal board be approved one week and denied the next? im HYT (Navy ) my eaos was 15 mar 2020 and im still in waiting for results from my FPEB. would they not grant my unfit after 17 years cause im HYT? my IPEB was fit for ptsd, anxiety , my back and knees .
    Jason Perry
    Jason Perry
    Did they use Presumption of Fitness as a basis for the findings?
    Hey man, I was digging through some of the decade old stuff just now and am very impressed with the professional quality of your posts. I recently applied to the NDRB and was granted partial relief (OTH upgraded to General); however, the narrative reason remained misconduct. I petitioned in Feb of 2020 and received my decision last week.

    While this is an incredible accomplishment, I feel as if reapplying for further relief is warranted. Hopefully you wouldn't mind to weigh in?

    I served in USMC Infantry from 2008-2012 and deployed to Afghanistan twice. I sustained a TBI that is documented in my Admin Sep paperwork. I never received any negative counselings or page 11 entrys. I was discharged due to possession of spice. Nothing else or additional to that. Simple possession of spice. During the required screening (simple yes/no questionnaire performed by a Physician Assistant) for mitigating PTSD/TBI, I only answered yes to having headaches. At the time of my petition, I had been service connected by the VA for Combat PTSD at the 50% rate.

    My argument was that the discharge was inequitable because drug seeking behavior is a symptom of PTSD in the DSM-IV under the avoidance category. Additionally, the no answers were actually also evidence of my PTSD because they are also avoidant symptoms. This, in addition to the VA rating, is evidence that I did have a condition that mitigated the misconduct.

    The board gave their decision and stated that full relief is not warranted because they do not feel as if the severity of my symptoms completely mitigated the misconduct.

    During the time that I was waiting for their decision, I was reevaluated by the VA and my service connected issues now are:
    Combat PTSD 70%
    Traumatic Brain Injury 40%
    Migraine Headaches 50%
    Ulcerative Colitis Secondary to PTSD 30%
    Degenerative Lumbat Arthritis 20%
    Tinnitus 10%
    Left ear hearing loss 0%
    Bilateral Bunions 0%

    Considering all of the above do you think that I have a shot at making a compelling argument for full relief? I would think that this qualifies as new evidence that hasn't been previously considered.

    I also found that the USMC updated their Admin Sep order to state that those being discharged while having PTSD/TBI are supposed to have a mental health evaluation done by a qualifying provider. I obviously did not have this done. Would this stand to offer any sort of credible argument for upgrade? Perhaps an actual Psychiatrist might have been able to spot the signs of PTSD in me better than a PA who asked a short yes/no questionnaire.

    Thank you for your time.
    Manmumar
    Manmumar
    I hope you reapplied.
    Hello Mr. Perry,
    I am currently being medically retired with no service connection. I was on Title 10 orders for more than 30 days and was deployed to Kuwait. I am a Guardsman and Civil Technician at my unit. I am being denied service connection based on EPTS. I am looking into 1207a "eight year rule" and everything I find on it says that i have 8 years active service. But there is so much room for interpretation. I can't find any case law aside from i case that was denied because the eight year rule didn't exist at the time of the SM's injury. Basically, what counts and what doesn't and how do I prove that the days count to my FSS office and my Lawyer? Thanks for your Time!
    Jason Perry
    Jason Perry
    TSGT4LIFE,

    I am sorry to hear of your health conditions and their impact on your military career.

    I don't have enough information about your case to provide much helpful input.

    Any kind of BS about the eight-year rule not applying is flat out wrong. It was written into statute/ Federal law as an act of Congress on Oct. 5, 1999, so unless your injury occurred before that date someone is lying to you.

    Jason
    T
    TSGT4LIFE
    Mr. Perry,

    Thank you for your reply. The issue I am having with the "eight year rule" is proving what days of my service count. AT, IDT, ST, ADT... I have over 3000 points but getting anyone to help me figure out which ones count is the problem. Thanks.

    Trevor
    Guardguy11
    Guardguy11
    Trevor, if you are Air Force, try reading AFI 36-2910. It talks about the 8-year rule in more depth. Points don't matter towards it unfortunately. It has to be 8 years of title 10 federal service.
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