Fit for Duty determination due to Non-Service Connected Disability


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I have recently been determined unfit for duty due to a non-service connected disability and I have a few questions.

Back story: I was involved in a vehicle accident in which I was injured and have a non-service connected disability. I was determined unfit for duty by my State surgeon and was informed of the decision and given the option to accept the decision and be processed for discharge or to appeal the decision. I am in the National Guard with 12 years of service with 9 of those years being Active Duty with 2 tours of Duty to Iraq. With the non-service connected disability I will be discharged with no severance or retirement. My question is can I appeal the decision to include injuries/disabilities that are service connected (back injury, shoulder injury, sleep apnea, and PTSD incurred on deployments and Active Duty Orders more than 30 days) so that I may receive a medical retirement and keep my benefits, or at the least receive a severance? I do have service medical records for these injuries/disabilities. I will not be appealing the fit for duty decision so to say as the injury is severe and I will still be considered unfit for duty, but I am only appealing the decision so that service connected injuries can be considered for separation so that I may receive retirement or severance. What are my options in this matter?


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I suggest you consider a legal consultation.
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