30% rule on disability retirement?

HerniatedDiscs

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Still confused. I’ve seen a lot of info on this statement “Members who have been determined to be unfit for duty with a disability rated by the military Service as 30% or greater are eligible for disability retirement.” Can someone clarify if that means whether or not it was rated as an in the line of duty if I have anything larger than 30% (15 years in) I qualify for a medical disability retirement from the reserves? Do you HAVE to have a ILOD to have this apply?

Thanks!
 

chaplaincharlie

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The 30% or greater ratings must be UNFITTING IAW with service's retention standards.

The unfitting rating must be LOD
LOD for AD means it happened while you were on AD orders, no NOT LOD finding (AWOL, misconduct...)
LOD for non-AD means you have a LOD determination.

If you are still AD, you can not apply. Medics must decide you need an MEB.
If you were separated, you can apply to BCMR. A 2 year+ process.
 

Boomerang

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Good day! I posted on another forum but got no response and running out of time.

Air Guard Technician, 15+ TAFMs, currently on T10 orders greater than 12 months for shoulder LOD/SA, which will be forwarded to IDES. Two other LODs for neck/back radiculopathy came back EPTS/NSA, with no explanation. Is it necessary to appeal these in lieu of "eight year Rule"/1207a or just deal with them during MEB phase?

Also, is the 30% DOD retirement criteria cumulative?

NILOD, EPTS-YES, Not SA. Cervical disc degeneration w/polyradiculopathy C5-6.
Does meet 8 year rule. Recommend referral to IDES.
JA concurs with SGs NILOD, EPTS, NSA determination recommendation for SMs diagnosed cervical disc degeneration with Polyradiculopathy C-5-6 disease based on review of the record as SGs medical opinion/expertise on the etiology of the cx lack of (and then blank)
Though his condition is of a chronic nature, he meets all criteria for the “Eight Year Rule’ per AFI 36-2910 para 1.10.2.2.2 as he had greater than 13 years of total active service, is currently on title 10 orders for greater than 30 days when the condition became unfitting and has not been released from active duty within 30 days of commencing such period of active duty (under 10 USC) due to an EPTS condition not aggravated during the period of active duty.


Thanks for all you do!!
 

Padgettra

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Good day! I posted on another forum but got no response and running out of time.

Air Guard Technician, 15+ TAFMs, currently on T10 orders greater than 12 months for shoulder LOD/SA, which will be forwarded to IDES. Two other LODs for neck/back radiculopathy came back EPTS/NSA, with no explanation. Is it necessary to appeal these in lieu of "eight year Rule"/1207a or just deal with them during MEB phase?

Also, is the 30% DOD retirement criteria cumulative?

NILOD, EPTS-YES, Not SA. Cervical disc degeneration w/polyradiculopathy C5-6.
Does meet 8 year rule. Recommend referral to IDES.
JA concurs with SGs NILOD, EPTS, NSA determination recommendation for SMs diagnosed cervical disc degeneration with Polyradiculopathy C-5-6 disease based on review of the record as SGs medical opinion/expertise on the etiology of the cx lack of (and then blank)
Though his condition is of a chronic nature, he meets all criteria for the “Eight Year Rule’ per AFI 36-2910 para 1.10.2.2.2 as he had greater than 13 years of total active service, is currently on title 10 orders for greater than 30 days when the condition became unfitting and has not been released from active duty within 30 days of commencing such period of active duty (under 10 USC) due to an EPTS condition not aggravated during the period of active duty.


Thanks for all you do!!
Boomerang, "Also, is the 30% DOD retirement criteria cumulative?" Yes, the DOD uses the same criteria and VA assigns the ratings. Caveat is that only the unfitting conditions are included in the DOD rating (example I have 60%, 10%, 10% and 10% ratings equals a VACP 70%. My DOD rating is 60% for the other three are not unfitting). Remember since you are a Technician (32USC709) if you are medically separated from the military, then you can get the special provision of law for a FERS disability 60/40 based on your FERS average top three. I am not sure about your "eight year Rule"/1207a or just deal with them during MEB phase? comment. Best regards Ron P
 

Boomerang

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Registered Member
Padgettra,

Thank you for ur reply, i appreciate. I'm actually FERs retirable, so 60/40 not an issue and should hopefully speed that process up.

Although i can prove my job as an inflight refueler has been detrimental, I'm concern how the adverse LOD determinations effect the MEB or not.
 
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