Jason Perry

Hello I Am new here.
I have a question that i have been reffered 3 days ago from my Pcm for med board as my skin specialist prescribe me humira and its a service disqualifier. In two weeks my unit is deploying so my med pro says mrc3 d1 and d5. I was told by my pcm that i wont be deploying. Does meb initiated stop deployment? Thanks

Hello Mr. Perry- I have undergone verdicts for RTD after both iPEB and rebuttal to the iPEB findings. The rebuttal was denied and thus no FPEB and I must RTD. What are my options and I feel that my health condition does not warrant this RTD. They have diagnosed me with multiple mental health conditions and I am on 6 psych medications. An independent mil psychiatrist (as required for the NARSUM) recommended me for medical retirement and no continued military service. The iPEB recommended for RTD. My JAG and I had to go to a rebuttal to the iPEB findings in order to go to the FPEB. This rebuttal was denied, and I must RTD. I am in the Air Force medical reserve corps (MC), and I have been told that MC is never medically retired because of shortages. I feel that with my civ mental health provider with medicines and mil independent MH physician should be enough to medically retire. I have 16.5 good years.

Can someone help me get into medical retirement, and offer suggestions for a way forward?

I have heard of submitting an IG compliant. Can someone help me with pros and cons of this IG route? Can a RTD be reversed after iPEB and rebuttal have been used?

Thank you in advance.

PLEASE HELP: I am an Army National Guard soldier who went through MEB/PEB last April 2022 found unfit with 40% army rating (line of duty related). Retirement services told me to request a COAR to get my 20 my COAR was approved (after much thought from leaders) only to exactly my 20 year mark this August (12th). I was told previously by retirement services I would draw a percentage (based on the calculation for National Guard Soldiers immediately upon retirement since i was placed on PDRL. Now retirement services tells me I won't get any pay until I reach age 60. Thank you.

Hi! I am new to this forum. I had to go through an attorney to get my discharge upgraded, since my cicumstances were a bit different. My DD-214 shows Entry Level Separation, RE Code 2C, JFX, and Personality Disorder.

Back in 2004, during my senior year, I made up my mind to sign up for the United States Air Force at seventeen years of age, and signed with my now late dad signing as my guardian and got into the delayed entry program for the Air Force. My three major reasons behind this are I wanted to serve my country, get an amazing education, and a stellar career with the United States Air Force. By the time I graduated in May 2004, I was ready to ship out to Air Force Basic Military Training in Lackland Air Force base in San Antonio, Texas in late July. I got to Lackland Air Force base late at night, and was processed into the 320th squadron. As soon as I got into the dormitories, the first couple of days or so, I had to take care of the administrative paperwork for direct deposit, etc. After that, the two military training instructors started calling me Osama in front of the flight of recruits that were also under the same two military training instructors, and they laughed at me, then subsequently did the same thing to me. A couple of other military training instructors (male and female) also did the same thing, but only one other flight’s recruits did the same thing along with their assigned military training instructor. This happened anytime and anywhere I was around. Whenever I did shave in the mornings, and because of no fault through my own, I was told to shave my five o’ clock shadow, and was still called Osama, even after shaving. Whenever we had a class, whether outdoors or indoors, and if it was with my training instructors or any other that were being racial towards me, it was never in the presence of their superiors. If the supervisor or the commander of the squadron came in to give a class on chain of command or a lecture, the military training instructors would not be racial towards me. The other time I never experienced any racism was on Sunday, due to church and such. Due to the racism that I experienced during training, I was sent to the supervisor for multiple infractions, and I did tell him of the issue going on, and even though his order was issued throughout the squadron, this had no effect, as it kept happening even behind his back. The racism still continued, and it got to a point where the commander already had in his mind that I was refusing to train with all the infractions that I had from the past three weeks, without the slightest consideration of the racism that I was going through. Based on this, he sent me to the 319th squadron to be phased out of military life and back into civilian life. While waiting to be processed out, one recruit from the same 320th squadron still kept calling me Osama and viewed me as an inferior person, until his subsequent departure from the United Air Force. Shortly thereafter, I was processed out, and returned home to my family with my head lowered in shame, and from the hurt from the racism that I experienced, when it was unprofessional, and is a direct violation of the three core values of the Air Force: integrity first, service before self, and excellence in all we do. After that experience, I went to four different colleges and went all the way to my masters degree, worked several jobs as tech support, got married in India in February 10, 2016, brought my wife to the United States
under the proper USCIS processes from India, and now I am working with the number one global POS company called NCR.

I talked to an attorney last year and started the process to get my Personality Disorder discharge upgraded. The advisory replied after some weeks, and stated that my discharge was indeed wrong, and it can be, under liberal conditions, considered for Secretarial Authority, even though they believe it should be Condition Not a Disability. My attorney sent a response to the advisory opnion that my discharge be indeed set for Secreatrial Plenary Authority, since Condition Not a Disability carries a similar prejudice to the Personality Disorder.

Since February 24th of this year, my case is still in Post Adjudication Status, and I pray that it comes back in my favor. I wonder if I do get Secretarial Authority, would this possibly change the RE code from 2C to something else, and from JFX to JFF?

Sir,

I just got article 15 and list my rank but my ets busted on nov13 my unit commander been wanting make example out of me .then after my ets busted I wasn't paid until Feb 1 due to lack of my unit failing to put un my oaperwork for my MEB extention paperwork but now I did my second hearing and lost my rank as nco for 8 Years and I'm walking on eggshells because they are protecting a e6 I know it's unfair for me suffer then get in trouble due to my unit lack of care for me and my family I've lost all hope use my reimbursement money on lawyer or only got me to lose of rank and suspension of all max punishment and now I want to appeal abd keep fighting but I'm afraid to and also slowing down my process to be out I'm out of hope been contemplating alot I gave up my body and mind for army to in the end to not be

Mr. Perry, what are the special provisions and protections as a dual status military reserve technician for a disability retirement? HRO is stating that I will go out on a regular discontinued service retirement because I have 10 years of buy back to equal 20 years of service....is this right?

Mr. Perry...are you available for representation???

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?

Anyone have an strong da 7652 that are willing to share?

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

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

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

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.

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.

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.

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.