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  1. JoelPettit

    Not medically cleared to separate, orders end tomorrow

    @OCSOUTHY Generally speaking, no. The IDES is a dual-processing or dual-action system; hence, once you are referred into the IDES, that and all other processes move concurrently. Moreover, technically, all Service members facing AdSep while going through the IDES aren't fit to separate - most...
  2. JoelPettit

    NG IDES/MEB question.

    @Vetmp04 JAG is correct - CRDP will start only after you reach your age of qualification (usually 60), and you apply for it. Reservist CRDP does not automatically start once you reach your required age. Your PEBLO is likely thinking you are an Active-Duty Soldier. I hope this helps. S/f...
  3. JoelPettit

    Possible MEB??

    @garymaple Lamictal is usually not, by itself, disqualifying. Of course, disqualifying medications vary depending on MOS/rate/AFSC. The Army and Air Force tend to be more reasonable when having to find a member unfit for only medication issues. That said, the more concerning issue for any...
  4. JoelPettit

    IDES vs LDES

    @USMC6469 Timelines in the Department of the Navy are not clear, presently. They just instituted the NDITS IT system, and it still has bugs they need to work out - their words, not mine. I've had several cases sail through and others get stopped for seemingly small issues. They are working...
  5. JoelPettit

    IDES vs LDES

    @RealisticButOptimistic The only correction from what's been said is that the military department won't necessarily reach out to the VA for a rating recommendation for any unfitting conditions in the LDES. In the LDES process, the VA is not involved because you wouldn't have filed a VA 21-0819 -...
  6. JoelPettit

    Being medically retired for a condition I don’t have.

    Agreed. There is a higher-level appeal to the Physical Disability Agency (PDA), but it is unlike the blanket FPEB appeal - you cannot simply relitigate the facts of the case. Based on the issues you've shared, the regulatory complexity of your case requires an attorney. At the very least, if you...
  7. JoelPettit

    Medical Retirement Approved but commander recommended AD Sep

    @disguishedinred If you haven't already, please reach out to a defense attorney (military or civilian) to address this issue. Most DES attorneys deal with dual-processing cases often, but because your DES case is concluded the focus, clearly, would be on the military justice aspect. Of course...
  8. JoelPettit

    Being medically retired for a condition I don’t have.

    @Airborne4Life I'm sorry to hear you're going through this. Sadly, this is an extremely common scenario. In many cases, someone reports witnessing a Service member having a seizure, the EMT's take the report as gospel, and the rest tracks your story. That said, you can appeal this. Of course...
  9. JoelPettit

    Wierd and Possibly Dangerous Situation

    If you are found fit and you accept, it is exceedingly likely that you will have to undergo the VA C&P examination process again. VA exams go "stale" after 365 days, by policy. Therefore, unless the timing of your longevity retirement aligns perfectly with the date of your current VA exams, your...
  10. JoelPettit

    Can Get My Discharge From The Military Re-looked Into (Medically Retired)

    @hdbydume @Provis is correct. It all comes down to a value calculation: Tricare vs Other Healthcare; potential CRSC pay; other state-issued retiree benefits you may receive, all measured against the cost of your case and probability of winning that case. A nuance to valuing healthcare options -...
  11. JoelPettit

    How to ask for a TDRL reconsideration to PDRL in IDES?

    @KDawgie Having been an IPEB and FPEB attorney who had many schizophrenia cases, I always needed to conduct a very thorough review of the medical records to give good answers to the questions you posed above. Stability, in the eyes of the PEB, is not always clear, as the IDES incorporates...
  12. JoelPettit

    How long does it take for CRDP to kick in after retirement?

    @broken_but_not_fragile You are correct. Think of it this way, as @Provis stated, no one can receive more than his or her longevity retirement amount + VA disability pay (you can check the truth of this in the FMR). Therefore, because the 70% is the disability retirement, DFAS will adjust down...
  13. JoelPettit

    Not medically cleared to separate, orders end tomorrow

    How long you have in makes a massive difference. How many years of service do you have?
  14. JoelPettit

    Getting a job while on TDRL

    @SFStell @Provis makes a good point. In a nutshell, the category or field of civilian job can be meaningless when considering the likelihood of a TDRL to PDRL transition. The PEB will always look at functional impact. For example, if you were a STO in the Air Force, but then take a job at...
  15. JoelPettit

    Standards for Referral to DES

    @IlliniArmy I think you may be reading the quoted sections too much in a vacuum. The functional impacts of the “represents an obvious medical risk to the health of the members/people around the member” and “imposes unreasonable requirements on the military to maintain or protect the service...
  16. JoelPettit

    2nd Period of LIMDU Disapproval

    @Jason23 The short answer to your question is, not likely. If you want to really understand the LIMDU process, read MILPERSMAN 1306-1200: Limited Duty (LIMDU) Policies and Procedures. Also, you'd want to read NAVMED P-117 (Chapter 18): Medical Department Manual for MEB procedures. In short...
  17. JoelPettit

    spinning in circles for MEB referral for migraines

    @Bulldog03 Expanding on what @Provis said, Reservists need to keep this in mind: the longer the timespan from when you were injured/wounded or contracted an illness, the more evidence the MEB doctor has for concluding the symptoms that you are claiming make you unfit are a result from something...
  18. JoelPettit

    CRSC, Chapter 61, Residual Retired Pay and Tax Exemption

    @ChrisH Put simply, the only way your VA ratings have anything to do with CRSC is that the condition for which you are applying for CRSC must be rated by the VA. Were you a Reserivst when you retired?
  19. JoelPettit

    12301(H) Orders

    @MeerkatFromSkinnyKeep Generally speaking, it is at the Service member's election to stay on orders. However, the reason for staying on orders is the point of contention in these cases. Be sure to read 635-40 very closely and discuss with your attorney. It's not as simple as: IDES referral =...
  20. JoelPettit

    12301(H) Orders

    @MeerkatFromSkinnyKeep TBH, I have seen this many times throughout the military. If you are currently on orders, then you should speak to a Legal Assistance attorney on post. I started in Legal Assistance and got my share of your type of case. Of course, not all units or CO's will read and...
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