I have 21 years TIS. 8 years AD crew chief F16/F15s the rest as a dual status technician ANG crew chief F15. I bought my time back so my fed time is the same 21 years. I am currently on Owcp compensation since 10/27/22 for an injury while working on the civilian side which was exacerbated during drill. I was put on LWOP and forced to file a claim with the Dept of Labor. I was notified that I was unfit for duty on 11/4/23 I signed the 1180 to appeal the decision. I had 2 ILODs that weren't included in the narrative I specifically informed the mil Dr of nor was the exacerbation noted. I was contacted by the ODC attorney today 11/20/23. He said that my condition was accepted by the Dept of Labor so I couldn't claim it for compensation on the mil side. I have alot of other conditions they didn't include in the IPEB process. Specifically from OIF deployment to Balad AB Iraq, Guam, being stationed in Japan for 4 years, being a crew chief for almost 22 years, etc. He told me to think about what I wanted to do and didn't think I had a case to claim anything. I tried to request they considered all conditions as a whole in the beginning of this process and was told to claim all of that to the VA. I am going to request a review and that all conditions be considered. The attorney said that since I was found unfit for duty I would get the fers disability retirement and also have to apply for ssdi. Plus whatever the VA rating is. I put in an intent to file during the Pact Act period and hired an attorney to deal with the VA stuff. My consult with VA attorney is scheduled for 11/27/23. I just need help for the ipeb appeal process. Anyone have any advice?
ANG Dual Status Technician found unfit for duty for Owcp accepted condition
- Thread starter Ratherbehuntin
- Start date
I guess I'm trying to find out if I should try to include other med conditions be included during the ipeb that were in the line of duty or just go with the findings and collect the fers disability and file for VA compensation after. I guess my case is rather complicated with the dual status situation. Any help would be greatly appreciated.
This is a complicated scenario for sure. First off, I'm sorry they are trying to screw you. A lot of medical people give really crappy advice because they only know their small piece of the puzzle and not the complete picture.
The problem for you as I see it is LODs in and of themselves don't mean jack to the DOD. It is only if the LOD describes an injury or condition that the DOD deems unfit for service that they actually care about it. You can be all sorts of jacked up and still serve. I think that is why the Doc said to claim it with the VA because they are correct. All of that is service-connected and should be claimed with the VA.
Your scenario unfortunately is why it sometimes sucks to be a technician. You were injured as a civilian and that injury made you unfit for service. Everything else in your military medical record is only useful for the VA unless it says in the MSD that it is unfitting condition OR that it is related to your unfitting condition and won't be considered by the PEB.
I'm sure you have more questions based on my response. Standing by until you fire a couple back.
Godspeed
The problem for you as I see it is LODs in and of themselves don't mean jack to the DOD. It is only if the LOD describes an injury or condition that the DOD deems unfit for service that they actually care about it. You can be all sorts of jacked up and still serve. I think that is why the Doc said to claim it with the VA because they are correct. All of that is service-connected and should be claimed with the VA.
Your scenario unfortunately is why it sometimes sucks to be a technician. You were injured as a civilian and that injury made you unfit for service. Everything else in your military medical record is only useful for the VA unless it says in the MSD that it is unfitting condition OR that it is related to your unfitting condition and won't be considered by the PEB.
I'm sure you have more questions based on my response. Standing by until you fire a couple back.
Godspeed
After talking to my counsel. If I try to bring other conditions and get them covered as unfitting conditions to get DOD compensation, I have to prove they are unfitting and service connected. This would mean letters from doctors stating that, but the only thing I would be fighting for is to be covered by Tricare VS BCBS as long as I could get the rating to 30%. I'm not sure if fighting to get the Tricare is worth it or just accepting the tech disability and keep BCBS and claiming everything else to the VA. If I did get to 30% DOD it would be subtracted from my VA compensation. Really just need to figure out if the Tricare coverage is better than BCBS and if it's worth the uphill battle going that route. Thanks
Tricare for life is absolutely worth it. It has saved me soooo much money. It honestly is probably a million dollar benefit over a lifetime.
You VA disability payment would absorb all of your DOD pay so it would only be for the tri-care. I can't stress enough how impactful that benefit is if you have the opportunity to get it. It's worth fighting for.
You VA disability payment would absorb all of your DOD pay so it would only be for the tri-care. I can't stress enough how impactful that benefit is if you have the opportunity to get it. It's worth fighting for.
If I've claimed things for VA comp already which haven't been approved could they be claimed on the DOD side for the appeal? I know I can't get compensated by both. I just didn't want to waste time with this situation coming to a head. I know I'd have to get at least 30% and I'm not sure how hard that is DOD wise vs the way VA rates things
The hardest part of your journey will be getting a VA condition pulled over to the DOD as an unfitting condition. I would recommend legal counsel if you have any questions as to how to do that. It's a process.