19.5 Years MS Diagnosis Return To Duty

HarleyDriver

PEB Forum Regular Member
I have 19.5 years of active service. Diagnosed with MS. IPEB states: MS maifested by mild cognitive impairment (8099-8045), Ataxia Of Gait (8018-6204), and history of Syncopal episodes (8018-8108). IPEB opines "return to duty". I'm taking a total of 8 meds per day and avonex injection 1 time per week. "Return To Duty" does not pass the common sense test (my opinion).
I know I will receive a 50% regulat retirement as I now have 20 years of service. I am scheduled for a FPEB soon. My expectation is that they rate me using VSARD for the above conditions. Am I "out of bounds" thinking a 60 percent or higher opine from the FPEB?
 

ceilingfan

PEB Forum Regular Member
PEB Forum Veteran
HarleyDriver,

Do any of your conditions hinder you from doing your job? Are you not in the DOD/VA pilot MEB/PEB process?
 

maparker

Super Moderator
Staff Member
PEB Forum Veteran
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Assuming you qualify for CRDP (VA rating of 50% or more), I doubt a disability retirement at any percentage would garner higher benefits than a LOS retirement.

Mike
 

poisonpanik

PEB Forum Regular Member
PEB Forum Veteran
My advice... Retire at 20 and call it good. If you press for the FPEB you will be waiting beyond your 20 year mark and FPEB will probably just tell you to retire anyway.. I was just medically retired from USAF after 10 years for MS. I wish I could have done my 20 but it is working out for me anyway. I fought to stay up until FPEB was still telling me they wanted to retire me then I fought for a rating with SAFPC and I got 30%.
 

jpi317

PEB Forum Regular Member
Harley Driver,

I have been diagnosed with MS as well and I was just over 18 years when I received my IPEB (30% permanent retire--which is minimum rating for MS according to VASRD) in Sep 2010. I declined my IPEB and met the FPEB board in Dec 2010 and again they stated 30% permanent retire, so it appears they are stuck on 30% for MS (except in your case it would seem). You are so close to 20 years and the key is getting past your 20 years to receive both military retirement and VA disability in conjunction. If you were to accept the IPEB and get out prior to 20 years you will only receive either your military retirement or VA disability (unless CRDP). If you choose to go to FPEB you should be able to make it past 20 years. I am currently awaiting SAFPC since Jan 2011 and I am being told it could take 10-12 months. I am actually hoping that is true so that I can make it to my 20 year mark, but it is going to be close. What you decide to do is really up to you, and depends on how many problems you are having with work. Keep in mind after some time with treatment things should get better and you should begin to normalize (for the most part). My first year with MS was very rough with trying to keep up with work and deal with my symptoms. I switched medication from rebif to Copaxone (due to rising liver enzymes), but I am doing really well now. Most of my symptoms have subsided for the most part (except for fatigue thing). My management ended up putting me in an administration position because they do not understand the disease and have lost trust. I’ve tried convincing them that I can do just about anything I could do before, but they are very apprehensive, so be aware when you talk to your command about your disease. Take care and good luck.

 

theoot

PEB Forum Regular Member
PEB Forum Veteran
US title 10 state they have to allow you to reach retirement elgibility when you reach your 18 year point. essentially they are stating yes you are messed up, but we will allow you to retire. The benifit is you will now be elligible for concurrent reciept if you rate >50% by the VA. It really is the best course for you. I am Fighting to make it to the 18 year point. I am 17 years 6 months. I already have diagnosed sleap apnea requiring a cpap, MS and complications. 65% minimum on that so if I make it to 20 its a much better paycheck should I end up unable to work in the future.
 

Captain

PEB Forum Regular Member
PEB Forum Veteran
I could be wrong, but I thought the 18 year lock-in, or sanctuary, only applies to reserve component service members.

What is Sanctuary?
Title 10 USC, 12686a. Commonly referred to as “18 year lock in”, “Sanctuary” is the term that is being used for Reserve Component (RC) Soldiers who are mobilized, and have achieve 18 or more years of Active Federal Service (AFS). They are retained on active duty (AD) to achieve 20 years of AFS and become eligible for retirement.

I am sure someone else will chime in
 

theoot

PEB Forum Regular Member
PEB Forum Veteran
Nope it applies to all members.

A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law.
 

maparker

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" unless the member is sooner retired or discharged under any other provision of law".

The 18 year sanctuary rule above DOES NOT apply to disability discharges! In theory, you can be put out for disability with severance at 19 years 364 days. If at all possible get to 20 and retire be it for LOS or disability. Presuming your total VA rating is 50% or more making you eligible for CRDP, you will likley not get more money with a disability retirement as any amount of disability retirement over your LOS amount will be deducted from your CRDP. If the PEB retires your before twenty, you will lose out on CRDP payments that can amount to thousands of dollars a month. Don't look a gift horse in the mounth.

Mike
 

theoot

PEB Forum Regular Member
PEB Forum Veteran
Sorry. Basing that on the Navy, which per it's PEB instruction is to find a member who is withing the retirement window, considered 24 months from the date of eligibility of retirement, to be allowed to remain in PLD to allow the member to reach retirement eligibility. While not required, I have only seen it disapproved for members who are severely disabled. specificly it states

Criteria. Any member, regardless of years of service, may request a permanent limited duty status. Member's with 18 years of active service are particularly encouraged to apply when the request is done to complete 20 years active duty.
a. Navy Criteria
(1) Years of Active Service. 18 to 20 years of service is given utmost consideration. Approval of permanent limited duty for members with less than 16 years or more than 20 years service is unlikely unless it is shown that it fills a special need of the service
 

maparker

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But it is not based in guarantee of the law but rather the good graces of the Service. Don't confuse COAD/PLD with the sanctuary law cited above. Your post proves the point, you can be separated with 18 plus years of active duty due to disability. The reason to deny continuation to twenty years is the severity of the disability, potential harm to the member or others or more nefariously, because the Service is downsizing or they realize that if the member does not get 20 YOS active duty, the Service will not have to pay all or some of their retirement pay because it will be offset by their VA compensation.

Mike
 

chaplaincharlie

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Harley Driver

I suspect you are being done a favor. The system is delaying you to 20.
 
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