Hello. I was found unfit for duty and applied for a COAD back in January of this year. I just got my response back from HRC and the COAD was denied. As it stands are going to medically retire me with 18 yrs 10 months in the books. I called HRC and asked them to give me a reason as to why they would deny the COAD so close to my retirement and was not given an answer. I am extremely dissapointed with this whole process as I cannot believe the military does not have a job I can do until I hit my 20 years. I really don't care about the money situation cause I stand to gain more now than if I retire with 20 years. I just want to finish my time. Does anyone have any suggestions?
COAD denial at 18 yrs?
- Thread starter gqlifter
- Start date
Good idea. I am consulting with a military lawyer tomorrow afternoon to see if there is any legal precedence.
Got a rating of 70 percent from DoD and 90 percent from VA. From what I read on the memorandum they are going to medically retire me.
Hi Mike,
Unfortunately they categorize it as a non-combat related condition even though I became ill a few weeks after returning from a mission in S America. The doctors were not able to pin point the cause.
Many things are factored into that decision, including the potential of your condition worsening with military service and the possibility you may put others at risk. Also considered is the amount of time you've been in the disability system (permanent profiles, MEB, etc).
PDRL
I understand that part of their reasoning but for the last 4 years they've had me running the S3 shop at my unit because they said I could not do my primary MOS (35P) due to my medical issues. I know that I can be of use to them or another unit again in an admin capacity. That's why it took me by surprise when they denied my COAD.
"I THINK" you come out ahead... Congrates Brother ... Now You Can Pursue The Second Most Thing That You Would Enjoy Doing. 
Heh Thnx. Gonna fight this to the end though"I THINK" you come out ahead... Congrates Brother ... Now You Can Pursue The Second Most Thing That You Would Enjoy Doing.
. If not got a nice plot in Florida waiting for me. Guess I'll may have to start my fishing career earlier than I planned lol.
Heh Thnx. Gonna fight this to the end though
This time DO IT FOR YOU and enjoy........
I was at the door waiting to sign out and start 60 days terminal leave, was going to get promoted on my last day active service, medically retire @ 90% TDRL.
Then I had a heart attack because of all the stress this process has caused me. I said from the start that "THEY" just want my soul.......
Oh and I don't evan have a VA rating. That's 12 to 18 months away. THE POINT ILLEGITIMI NON CARBORUNDUM "DON'T LET THE BASTARDS GET YOU DOWN"
You know what, you are soo right. I am not going to let them get to me anymore. I am sorry for what you have gone through but I hope that knowing that your words have really opened my eyes and prevented me from experiencing the same things can provide some comfort. I too have a heart condition and high blood pressure that has been exacerbated by this situation. I will take your advice to heart (no pun intended) and I can't thank you enough for your kind wordsThis time DO IT FOR YOU and enjoy........
I was at the door waiting to sign out and start 60 days terminal leave, was going to get promoted on my last day active service, medically retire @ 90% TDRL.
Then I had a heart attack because of all the stress this process has caused me. I said from the start that "THEY" just want my soul.......
Oh and I don't evan have a VA rating. That's 12 to 18 months away. THE POINT ILLEGITIMI NON CARBORUNDUM "DON'T LET THE BASTARDS GET YOU DOWN"
You know what, you are soo right. I am not going to let them get to me anymore. I am sorry for what you have gone through but I hope that knowing that your words have really opened my eyes and prevented me from experiencing the same things can provide some comfort. I too have a heart condition and high blood pressure that has been exacerbated by this situation. I will take your advice to heart (no pun intended) and I can't thank you enough for your kind words
“There are three kinds of men. The ones that learn by readin’. The few who learn by observation.
The rest of them have to pee on the electric fence for themselves.”
― Will Rogers LOL
So you've had this since you had 14 years of service. That probably played a major factor in the HRC decision.
You stand to gain more by getting out early? If under twenty years, you will not get CRDP which will be at least $1600+ a month. Is the difference between 70% of your high three and 47.5% of your high three more than $,1600 a month? Was your disability retirement PDRL ot TDRL? If TDRL, you could potentially lose your retirement in the future.
Mike
Mike
Jason Perry
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I have not fought this out, so cannot say for sure how it plays out. That said, there is language in several regulations that suggests that members such as you should be retained. The only hesitation I would have in saying that I am confident that this would be the ultimate outcome is the "layers" of presumptions that apply to "fitness" decisions by the military and the deference that the courts give to these decisions (to briefly explain, once a board has met and determined fitness or unfitness, this is given a lot of deference by reviewing courts....it is easier to fight rating decisions; all of this is very complicated when you get down to the weeds so don't take this expedient explanation as sufficient to understand all of the intricacies).
A separate point or tactic that I mention (were I to go full bore trying to fight this issue) is that the regulations suggest that members be given an opportunity to transfer to another branch to finish their service. Were I to fight a case out on getting to 20 years of service, I would suggest that there might be some "hay" to be made by making the request....there are no DES specific provisions for transfers, so I could not say how the process should work...in the absence of that, I would just request a transfer to HRC (again, I am not confident of the efficacy of this, the value in this would be in documenting the request to use as evidence in later appeals...I think the request would likely be ignored or not acted on; however, I think it would be valuable if you wanted to appeal further- such appeal ending up in court in my opinion).
A separate point or tactic that I mention (were I to go full bore trying to fight this issue) is that the regulations suggest that members be given an opportunity to transfer to another branch to finish their service. Were I to fight a case out on getting to 20 years of service, I would suggest that there might be some "hay" to be made by making the request....there are no DES specific provisions for transfers, so I could not say how the process should work...in the absence of that, I would just request a transfer to HRC (again, I am not confident of the efficacy of this, the value in this would be in documenting the request to use as evidence in later appeals...I think the request would likely be ignored or not acted on; however, I think it would be valuable if you wanted to appeal further- such appeal ending up in court in my opinion).