Eligibility questions

S

store5454

PEB Forum Regular Member
Registered Member
All,

I have read through the forums and appreciated the information on this site as authored by all. The information has helped to paint a broad picture of the processes and clarified some points of interest. With that being said there are a few questions that I have not found exact answers to and appreciate any assistance rendered. First my information:

USAF Reservist (21 total good years)
- 5 years AD
- 16 as an IMA w/multiple deployments and AD tours (3728 total points as of today) 2643 AD 699 IDT 131 Mylearning and 315 Member
- Have conditions that will place me in the MEB and PEB processes

Questions:
- What is used to determine the 8 year rule? (if even applicable for an IMA)
- For a Reservist (IMA in this case) what is used to establish 20 years of service? (i.e. total number of good years or points divided by 360 or 365, have seen both referenced)
- Can VA disability be filed separate from the MEB/PEB process or is it part and parcel? (understand that VA assessment is made during the process, but don't know if there is any utility in filing separately)

Thank you in advance for any information that you can provide!!
 
Hello @store5454

I have no clue what "IMA" represents; maybe others do.

Retirement requirements:

Reserve retirement is sometimes called non-regular retirement. Members who accumulate 20 or more years of qualifying service are eligible for reserve retirement when they reach age 60 or, in some cases, a lesser qualifying age.

Years of Service​


There are 3 categories for determining years of creditable service that have applicability to the computation of reserve (non-regular) retired pay. One for determining when an individual is entitled to retired pay, one for determining the applicable active duty base pay upon which to compute retired pay, and one for determining the retired pay percentage multiplier. For reserve retirements these are generally different.


The first category we shall call- Years of Service for Retirement Entitlement. This category of years of service includes each one year period in which the person has been credited with at least 50 points, as follows:


  • 1 point for each day of active service
  • 1 point for each attendance at a drill period
  • 1 point for each day of performing funeral honors duty
  • 15 points for each year of membership in a reserve component

Generally, a member retiring with a Reserve (non-regular) retirement must have 20 years of service for entitlement and they will receive a letter from their Service advising when this criteria has been met.


The second category we shall call- Years of Service for Pay Base. When combined with pay grade, YOS for pay base, determines the active duty pay entitlement by defining the appropriate pay table cell, e.g. E-4 over 6 years of service. This category of years of service includes all periods of active service and all periods of Reserve or National Guard service counted day for day. A unique feature of Reserve retirement is that the pay base is determined as though the reserve member were serving on active duty immediately prior to retirement, thus the years of service continue to accumulate even after the member has entered the retired reserve and continue until they actually begin receiving such pay (usually age 60).


The third category we shall call- Years of Service for Retired Pay Percentage Multiple. YOS for retirement percentage multiple determines the years of service for computing the retired pay multiplier. This category of years of service includes all periods of active service (counted as one point for each day) plus all points earned through qualifying reserve duty, not exceeding annual limits, divided by 360.

Ron
 
Sir,

Copy all and thank you for the data. An IMA is a reservist that supports AD units vice Reserve. That said, my questions are more in regards to being medically separated and whether I qualify for medical retirement. Do I meet the 8 year rule if this COA comes to pass?
 
I will research the matter later tonight if one of the reserve experts does not reply.

Regards and thanks for the IMA explanation--I was RA and never heard ot it.

Ron
 
RonG said:
I will research the matter later tonight if one of the reserve experts does not reply.

Regards and thanks for the IMA explanation--I was RA and never heard ot it.

Ron
Click to expand...
Awesome, I greatly appreciate the help as I cannot seem to find certainty on this particular issue. My medical condition is in all likelihood disqualifying so just trying to get an idea of what can happen outcome wise after a PEB concludes. Also IMA stands for Individual Mobilization Augmentee. The yearly requirements are generally the same as those of a Traditional Reservist (TR), but the TR is assigned to a Reserve Unit and the IMA to a AD unit.
 
Hello @store5454

Conditions Diagnosed While in the Military​


The goal of Military Disability is to compensate all veterans for any conditions that they incurred because of military service. The laws in place define these conditions as ones incurred in combat, on duty, and in training.


This is expanded further, however, to include every condition that is diagnosed during an Active Duty service member’s time in the military, even if it occurs when off duty.


So if Beth breaks her ankle during training, strains her back while playing basketball with her friends on the weekend, or is diagnosed with cancer, all while she is an active duty military member, each of these conditions will be considered service-connected.
-------------------------------------------

Regarding 8-year rule:

Conditions Aggravated by Military Service​

Service-aggravation applies to conditions that were not initially caused by military service, but were significantly worsened directly by service or by another condition that is service-connected.

Conditions that existed prior to service (EPTS) are not considered service-connected since they happened when the service member had no connection to the military at all and thus are not the military’s fault. If, however, an EPTS condition is worsened by military service, it is considered service-aggravated.

Similarly, genetic and hereditary conditions are conditions that will develop in a person’s life no matter what. Some develop before service and are thus considered EPTS. Others may develop later in life. If a genetic condition develops while a service member is in the military, then it is automatically considered service-aggravated unless it can be clearly proven that the condition would have developed at the same time and to the same degree whether or not the service member was in the military. If this can be proven, then it is not considered service-aggravated.

All EPTS, genetic, and hereditary conditions are considered fully service-connected if the service member is on active duty for 8 years or more (DoD only).

-------------------------

Conditions That Are Not Ratable • Military Disability Made Easy <----LINK to non-ratable conditions

==============

All of the above came from a non-DoD site. but perhaps it is a step in the right direction for your quest.

Ron
cc @Provis
 
store5454 said:
Sir,

Copy all and thank you for the data. An IMA is a reservist that supports AD units vice Reserve. That said, my questions are more in regards to being medically separated and whether I qualify for medical retirement. Do I meet the 8 year rule if this COA comes to pass?
Click to expand...
It sounds like you are at the 8-year rule or really close. The "Eight Year Rule" is defined in AFI 36-2910 para 1.10.2.2.2 (https://irp.cdn-website.com/c40090aa/files/uploaded/AFI 36-2910 LOD MEDCON INCAP.pdf). It is also defined in Title 10 US Code 1207a (10 U.S. Code § 1207a - Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions)

Basically, you have to have 8 total years of Title 10 time. All of your 5 years of active duty count, and your title 10 deployments count. Points don't count in general because title 32 points don't factor into the 8 year rule. You will have to go into AROWS or whatever system they use these days and add up your title 10 time.

Godspeed!

Also of note, the 8-year rule is also hard to get for reservists because of this little nugget -

1.10.2.2.2.2. Was on Title 10, U.S.C. active duty orders specifying a period of greater than 30 days at the time the condition became unfitting; and

That little nugget is most likely going to be the thorn in your side being an IMA dude or dudette.
 
Last edited:
store5454 said:
- For a Reservist (IMA in this case) what is used to establish 20 years of service? (i.e. total number of good years or points divided by 360 or 365, have seen both referenced)
Click to expand...
For a reservist, you need to have 20 good years. The points only factor into the retirement calculation.

store5454 said:
- Can VA disability be filed separate from the MEB/PEB process or is it part and parcel? (understand that VA assessment is made during the process, but don't know if there is any utility in filing separately
Click to expand...
It can be filed separately, but if you are in the MEB/PEB process I wouldn't recommend it. You could cause it to go slower due to conflicting channels within the VA fighting each other. "Normal" disability claims are processed differently than IPEB requests. You would hope the ratings would be the same... but I wouldn't fight the process.

I have heard of people that have already been through the VA process that then go through IPEB and it works out just fine for them. My concern would be starting the process while going through the IPEB.

If the MEB process is stuck or not moving at all, you could start the VA claims process as long as you are not on title 10 orders. I would proceed with caution on that route though.

Godspeed!
 
All,

Thank you greatly for the additional data on the 8 year rule and other queries!!

Guardguy11,

A question on the Title 32 points issue, as a USAF Reservist I believe that my orders are all Title 10. With that being the case do IDT and Annual tour days count? Also would like toner about your experience with USAF, what is the C&P exam you spoke of received from the VA? What was it like to deal with the MEB/PEB as a Guard member? I don't even know the military doctors who are going to be involved and am interested in your thoughts. Thank you greatly in advance for anything that you are willing to share!!
 
store5454 said:
With that being the case do IDT and Annual tour days count?
Click to expand...
Great point and question. You don't have any title 32 points as a reservist BUT I don't believe IDT days count. AT days do... I think because you are issued title 10 orders.

store5454 said:
Also would like toner about your experience with USAF, what is the C&P exam you spoke of received from the VA?
Click to expand...
The Compensation and Pension exam is the medical exam the VA uses to verify all of the claims you made. My C&P exam was a literal 10 hour day at the VA hospital. I was assigned one doctor to work with for the whole day which was actually really nice. I did all of my x-rays, and did all of my mobility range of motion stuff.

I went in prepared with all of the information for each item I claimed on my initial VA claims form so it made it much easier.

store5454 said:
What was it like to deal with the MEB/PEB as a Guard member?
Click to expand...
Once I was in the IPEB process, it was great. I felt like just another military member going through the motions versus "the guard guy". Getting passed the NGB hurdles was a freaking nightmare and the worst part of the entire journey. Once you are broken to the Guard... good freaking luck.

store5454 said:
I don't even know the military doctors who are going to be involved and am interested in your thoughts. Thank you greatly in advance for anything that you are willing to share!!
Click to expand...
My military doctors were not really even in the discussion. All of my stuff was done at specialists for my conditions. Since it was a tri-care referral, all of their doctor notes get faxed back to the MTF to be put in your military records. I think it is that way for most people. Most unfitting conditions are out of the scope of military doctors.

Honestly I prefer it this way because the civilian doctors really have no bias other than getting you well. Their get well plan for you isn't tainted by the military readiness lens.

Happy to help! I've seen so many reserve people get hosed that I will do whatever I can to catch a couple wins for the good guys.
 
Copy all and I am curious about the hurdles you faced initially. Mine have included not being able to see a military doctor for almost 6 years and that my conditions have largely been assessed and dealt with by civilian doctors. No one on the military was even willing to take a look, they weren't interested until now. thank you for the data on the C&P exam, that makes me feel like if I receive a C&P at least it will include being able to speak with a doctor.
 
RonG said:
Hello @store5454

Conditions Diagnosed While in the Military​


The goal of Military Disability is to compensate all veterans for any conditions that they incurred because of military service. The laws in place define these conditions as ones incurred in combat, on duty, and in training.


This is expanded further, however, to include every condition that is diagnosed during an Active Duty service member’s time in the military, even if it occurs when off duty.


So if Beth breaks her ankle during training, strains her back while playing basketball with her friends on the weekend, or is diagnosed with cancer, all while she is an active duty military member, each of these conditions will be considered service-connected.
-------------------------------------------

Regarding 8-year rule:

Conditions Aggravated by Military Service​

Service-aggravation applies to conditions that were not initially caused by military service, but were significantly worsened directly by service or by another condition that is service-connected.

Conditions that existed prior to service (EPTS) are not considered service-connected since they happened when the service member had no connection to the military at all and thus are not the military’s fault. If, however, an EPTS condition is worsened by military service, it is considered service-aggravated.

Similarly, genetic and hereditary conditions are conditions that will develop in a person’s life no matter what. Some develop before service and are thus considered EPTS. Others may develop later in life. If a genetic condition develops while a service member is in the military, then it is automatically considered service-aggravated unless it can be clearly proven that the condition would have developed at the same time and to the same degree whether or not the service member was in the military. If this can be proven, then it is not considered service-aggravated.

All EPTS, genetic, and hereditary conditions are considered fully service-connected if the service member is on active duty for 8 years or more (DoD only).

-------------------------

Conditions That Are Not Ratable • Military Disability Made Easy <----LINK to non-ratable conditions

==============

All of the above came from a non-DoD site. but perhaps it is a step in the right direction for your quest.

Ron
cc @Provis
Click to expand...
What if I am medically retired PDRL and then later find out that my condition is due to genetics? Will the VA take away my rating if they find out?
 
Coffeeaddixt said:
What if I am medically retired PDRL and then later find out that my condition is due to genetics? Will the VA take away my rating if they find out?
Click to expand...
Opinion: That is not likely to happen.

My ratings include diabetes II presumptively caused by exposure to Agent Orange in Vietnam. Many people get diabetes who did not serve in Vietnam and other AO sprayed areas. Again, AO was the presumptive cause of my diabetes. How would the VA prove otherwise?

I am more concerned about being shot at Walmart or H.E.B. (Texas) than losing my rating.


Ron
 
I think it's time to find a new Walmart, @RonG :D
 
RonG said:
Opinion: That is not likely to happen.

My ratings include diabetes II presumptively caused by exposure to Agent Orange in Vietnam. Many people get diabetes who did not serve in Vietnam and other AO sprayed areas. Again, AO was the presumptive cause of my diabetes. How wold the VA prove otherwise?

I am more concerned about being shot at Walmart or H.E.B. (Texas) than losing my rating.


Ron
Click to expand...
Yes, in my case it’s very possible. I was medboarded for multiple joint issues, my doctors think I have Ehlers-Danlos syndrome that is causing all of my issues. So if I used my Tricare to get tested and it came up positive could the VA see the results and take away my ratings?
 
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