ETS and receivedVA rating for condition. Commissioned and am now being referred to MEB for that condition.

[Hizarlow]

I was enlisted for 6 years, ETS'd in 2003. I received a 40% VA disability rating. One of the conditions cited was hypothyroidism. 12 year break in service. I commission into the Reserves then go Active. I am now being referred because my hypothyroidism hasn't been "well controlled" in five years. This has caused me some issues, and along with this, some injuries, and some other medications that have a side effect of weight gain, I am out of ht/wt standards.

Since I had to get a waiver for the hypothyroidism to commission, am I screwed?

Oh, I received my P3 and filled out the initial MEB paperwork on the 15th. What should I expect next, and when should I expect it?

 

[Provis]

I was enlisted for 6 years, ETS'd in 2003. I received a 40% VA disability rating. One of the conditions cited was hypothyroidism. 12 year break in service. I commission into the Reserves then go Active. I am now being referred because my hypothyroidism hasn't been "well controlled" in five years. This has caused me some issues, and along with this, some injuries, and some other medications that have a side effect of weight gain, I am out of ht/wt standards.

Since I had to get a waiver for the hypothyroidism to commission, am I screwed?

Oh, I received my P3 and filled out the initial MEB paperwork on the 15th. What should I expect next, and when should I expect it?

If you have a waiver for that condition then chances are if they find you unfit they will just kick you out. That is what happened to me for a knee issue back in the day.

 

[Hizarlow]

If you have a waiver for that condition then chances are if they find you unfit they will just kick you out. That is what happened to me for a knee issue back in the day.

As in not medically separated? How does that work?

 

[JoelPettit]

@Hizarlow @Provis

AR 635-40, ¶ 5-17a., "Other matters related to pre-existing disability": Soldiers who entered the Service with a medical waiver for a pre-existing condition and who are subsequently determined unfit for the condition will not be entitled to disability separation or retired pay unless the cir-cumstances listed below apply.

Key to note: The matters presented in this paragraph apply to all cases referred under the duty-related process.

Full disclosure: I was a Marine JAG (Deputy SJA for Camp Lejeune), Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases.

S/f,

Joel

 

[Hizarlow]

@Hizarlow @Provis

AR 635-40, ¶ 5-17a., "Other matters related to pre-existing disability": Soldiers who entered the Service with a medical waiver for a pre-existing condition and who are subsequently determined unfit for the condition will not be entitled to disability separation or retired pay unless the cir-cumstances listed below apply.

Key to note: The matters presented in this paragraph apply to all cases referred under the duty-related process.

Full disclosure: I was a Marine JAG (Deputy SJA for Camp Lejeune), Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases.

S/f,

Joel

Thank you so much. You are a great source.


What about the 2nd circumstance listed?

I am on aactive duty and have a combined 12 years active and 2 years Reserve.

 

[JoelPettit]

@Hizarlow

That's the 8-year rule. When all 8 years are on active duty, the rule's application is straight forward. When there is broken service, however, a simplistic application can lead to clients and counsel overlooking fairly obvious LOD issues. Unfortunately, I cannot go into more detail, as it would be irresponsible to give pointed legal advice on a public forum. To delve deeper into how the 8-year rule applies to your case, you'll want to discuss it with your government appointed or private legal counsel.