Jason Perry
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  • 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!
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    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
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    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.
    Good Day Mr. Jason Perry,
    I have over 20 years in the National Guard and am a Title 32 Technician for 13 years. I like many other have sucked up the pain but it's at a point now that I had to report it. I am currently marked as MND and am going through the Med Board process. I have been told this can take a very long time. Is it possible to continue the MED Board and get out of the guard but stay in the Technician side until the Med process is completed? I have arthritis, Degenerative disease, Nerve damage, blown disk, bad knees, temporary paralysis, and hip issues. I believe they think I may have MS as they are requesting me to be seen by a neurologist because of some of the symptoms I have. I don't want to have to go to drills anymore as the 2 hour drive is painful for me and I have to make this same drive for my medical appointments. If I have to stay in do I have any options for not attending drill, as I don't get paid because I receive 90% from the VA?
    Thank you in advance for any assistance you can give to me, I'll be looking forward to your reply.
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    Guardguy11
    Guardguy11
    You should be on some form of profile (AF 469) to be going through the IDES process. You should bring this profile and the current status of the MED Board to your commander. He/She can allow for you to have excused drills. You could also just say screw it and not go to drill. Worst case, it is counted as a "bad year". The technician retirement aspect is a whole different animal, especially if that technician position requires military status.
    You seem very knowledgeable. I wanted to see if you could maybe answer a question for me. I got injured March of 2020 doing the deadline during a diagnostic ACFT. They never did imaging but I did do 4 months of physical therapy. After months of PT didn’t help I finally asked for the third time if they could do imaging. They did in Sept and found a wedge deformity with fragmentation and Schmorl nodes and I got sent for a MRI. It showed the “chronic” appearing wedge deformity, bulging disc with annular tear etc., and intervertebral discogenic disease. I tried a few other things that my PCM wanted and then was sent to pain management. The doctor there basically said my diagnosis was early age appropriate splondylosis. My PCM is discussing med board. If it’s considered age appropriate would I even get a DOD rating and do you think the wedge deformity went undetected due to them not doing images and now they are sweeping it under the rug?
    Dear Sir,

    I have a question on my case. May you give me an advice?

    I have joined Army for a year and 3 months, and got out on August 2014 under medically separation on DD214. I have gone through MEB process under VARR and got 10% DOD and 100% VA on Combined Medical Symptoms since September 2014. However, at that moment, I was under medical treatment and got serious medical conditions, so I did not know that DOD rating is too far different from VA rating. The end of this year 2020, I have discovered that I could get other unfitting symptoms to my DOD rating based on VARR during MEB process.

    Therefore, do I still have a chance to increase my DOD rating to get Medical Retirement?
    Please, give me an advice or instruction. I am looking forward to hearing from you. Thank you.

    Sincerely,
    Thai
    L
    lesco431
    In regards to the back; I realize that ROM coincides with a rating. In addition to ROM, is there an additional rating for pain; for example, could you get a 20% for ROM, and 10% for pain, giving a total of 30%?
    Jason Perry
    Jason Perry
    No, the pain should be included in the range of motion calculation if it contributes loss of any functional use of the joint. This is the heart of the Deluca case, that any factors such as pain, incoordination, lack of endurance, or weakness should be used in measuring range of motion. If there is no compensable loss of ROM, then pain can justify a 10% rating.
    S
    Sun.thai
    Jason,

    May you help me in my case? I have tried very hard but I don't know how to start for my appeal. Please help me in my case. How can I reach you, sir? Please let me know.

    Thanks,

    Thai
    Sir,

    Can you explain the financial statement you made in my thread? Thank you!

    Jeff
    D
    dposey717
    Sir,
    You have done a ton of good, and I apologize for any who have taken advantage of that. You have given so much free help via this site it is crazy. Keep being you, and hopefully those of us who feel the exhaustion, anxiety, and terrible dread feelings from the long waits and dismissals from the VA will use our extra energy and time to request changes via the appropriate routes, politicians. You do not deserve anyone's ire. If I ever need your services, I will retain you in the correct manner.
    Guardguy11
    Guardguy11
    My apologies if my comment in any way insinuated that you are not helping people @Jason Perry. This forum is a huge resource and has helped thousands of people. I have seen other people post on their walls asking for assistance that appeared to go unanswered so I wanted to make sure I set their expectations that if they truly want your service, they need to contact you directly via your website. I am nothing but appreciative and hope that those that are trying to take advantage of your kindness see your response here. Might be worth doing a pinned post with an update from the PEBFORUM Owner just so everyone is aware of how to properly contact you for your services.
    R
    RonG
    Hello @Jason Perry

    I just read the material that precedes my remarks. I am disappointed to learn (but not surprised) that some ungrateful veterans have criticized your contributions in helping other veterans. Thousands of veterans have benefited from your altruistic endeavors. The number of posts shown on the various pages do not begin to define how many have been helped There are likely at least 50 views that do not result in a question for every post made . I visited here for several years before I became a member.

    I mentioned that I was not surprised by the unwarranted criticism. I was once told, "You're a liar" on another board. Another veteran said, "I would shoot you" or words to that effect. I can only shake my head at those preposterous (in my opinion) notions and inclinations.

    I am confident most visitors and members sincerely appreciate what you do for veterans. Thank you sir. It has been a joy to participate under your leadership.

    Ron
    Good morning, Mr. Perry. Any chance i could share my NMA with you to get your thoughts on it? ( will discuss in more details when in a more private setting). Thank you.
    Have a question for you. I am at the PEB stage and have199 but I have not signed and returned it yet. The PEB rated me at 50% but soon after that the VA raised my percent to 100% for my main cause of medical retirement. Being in the nation guard and have served 21 years should I do the VARR to get the 100%?
    Guardguy11
    Guardguy11
    Nate,
    Did you end up doing the VARR? If the VA changed the rating after they provided the information to the PEB (which is really jacked up), you have a very strong case.

    Brad
    (awarded a CAB)diagnosed w. PTSD,depression, anxiety,panic disorder,social phobia,tremors, & idiopathic Hypersomnia. Had heat stroke & seizures (temporary profile) suicidal ideation on my record (admitted into the psych ward) want a MEB so I can leave with some compensation. new psych saying my CO might chapter me for being unfit since I’m not able to deploy.No P profile. Looking for guidance.
    Sir, I know this question has been posed before but it seems like the SECNAV 1850.4E is now 1850.4F and has been chopped down, my questions pertains to being an active duty Navy O-3 who is 2xFOS. I'm currenly undergoing medical treatment for the injury i've been referred to MEDBOARD for. Millington is telling me i have to have Assistant SECNAV approval to stay in past my statutory separation date. Is this correct?
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    K
    kw23
    or @Guardguy11 if you have any info that would be helpful as well. Thank you.
    Guardguy11
    Guardguy11
    I will send you a PM
    Jason Perry
    Jason Perry
    The Navy did a pivot and published a SECNAV Manual. I will post a copy/link shortly.
    Hello sir, I'm new to this website. I was wondering if you had any contact information to the BCNR to look up the pending status of a case? Like a email or phone number? Mine has been there for 1 year now (submitted in mid January 2019) and I'm still not seeing anything or hearing back yet.
    Sir, I'm about to sign for SECAF appeal to be put on PDRL. Would you be able to assist at this stage? How much would this cost?
    Guardguy11
    Guardguy11
    If you are on a sensitive timeline, i would recommend calling his office directly at 1-800-576-5648
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