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For the LOD, see AR 600-8-4. Injuries and diseases are presumed LOD unless their is substantial evidence to the contrary. Step one is to find out what the substantial evidence was that states your AS is EPTS. The AR outlines the LOD appeal process. Mike

Apply with the VA immediately. If service connected, you will be eligible for immediate disability payments as well as healthcare to include VA provided medicines to treat AS which are very expensive. Mike

Step one is to understand how the condition is rated per the VASRD. To that end you can go to the Board of Veterans Appeals and search for cases similar to yours. This will help match up your symptoms with that of the VASRD rating criteria to determine if you are being rated correctly. I...

http://mn.gov/workcomp/2010/Hampson-12-21-10.html Also see this. Mike

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1003448/?page=1 Check out this report. Mike

Have you filed for a VA rating for these conditions? If so, what was the result? A VA rating for AS will be helpful in demonstrating the condition is not EPTS. While genetics (HLA-B27+) make certain individuals more vulnerable to AS, it requires an environmental trigger. What that trigger...

This is a very complex issue. I doubt you will actually receive DoD retirement pay due to the offset of your VA compensation from the 100% rating. You need to explore commercial life insurance options, especially a term life option. You also want to consider a SBP child only option. Bottom...

YouR VA was offset to the amount of your DoD disability separation pay. This is normal. Now that your retired, they are suppose to figure out what you should have been paid had you been retired all along and pay you the difference, if any. Be aware of the retiree survivor benefit option...

You are 100% DoD? Is your VA pay more than your DoD disability retirement? Other than it happening in Iraq, what is your argument the unfitting condition is combat related? Have you ever applied for CRSC? Mike

When were you separated? Waiving your retirement is good thing as it is replaced by tax free VA. Do you have any combat related condition being compensated by the VA? Mike

Why is the medical group against given an LoD? Mike

Yes, you should be medically separated/retired if these headaches make you unfit for service. What rating did the VA give the headaches? Do you have an LOD for the headaches? If not, you should demand one. Mike

What condition was deemed unfitting by the PEB? In term of the severance pay, the enhanced severance pay provision of the 2008 NDAA only applies to those separated on or after 28 JAN 2008, presuming the unfitting condition incurred in a combat zone/combat related. Mike

What was the outcome of your PEB? What was the nature of the error? Mike

Is the condition service connected? Have you applied to the VA for disability compensation for the condition. If the condition is service connected and unfitting, you should receive disability separation of disability retirement. If not, you probably won't be eligible for benefits although...

Daniel, I am glad to see that your IU was approved. I am still very mindful of the issue of National Guard/reserves being denied DoD disability benefits by stating LOD conditions are not LOD. I continue to work the issue when and how I can. Mike

If declared EPTS with aggravation, they will determine the degree of disability upon entrance and subtract that from your current degree of disability. Mike

By law, if a condition is not noted on your entrance physical, it is presumed incurred while entitled to basic pay/service connected. This presumption can only be overcome by clear and unmistakable to the contrary. This is a very high standard. Did the MEB provide clear and unmistakable...