I was active duty for 9 1/2 years from aug 2010-2019. I got out on my own accord in June and prior to getting out I applied for VA disability. I joined the Navy reserves in July 2019 (less than 1 mos break in service- kept getting calls from recruiters and gave in). In October 2019 I found out I was awarded 100% VA disability, I was referred to MRR in the reserves and after about 2 years I was found npq/rnr (march 2022). I was asked if I wanted to do a PEB or accept separation. I just signed the form to go through with a PEB but my NOSC tells me I am not eligible for medical retirement because the conditions happened while in the active component and not while on any reserves orders. Has anybody ever experienced something similar and if so, can you tell me the outcome or what you did. I feel like joining the reserves was a total waste of my time at this point, because I was drilling for points and I have not hit the 15 year mark at this time.
Former Navy AD, current Reservist- npq/rnr
- Thread starter Wondering28
- Start date
So you can fight it! I would talk to a Civilian attorney. You may be able to get some medical documentation that the condition was permanently aggravated while the Reserves and try to get a LOD. The Reserves and NG are notorious for not following the regulations but I doubt you have much of a chance without the help of an experienced attorney.
So does the condition have to be aggravated in the reserves while on orders in order to get a medical retirement, or can it be from conditions while on active component prior to joined reserves?
I am not sure. This can get pretty complicated. I can send you some references to some civilian attorneys for a consultation if you wish. They can tell you if you have a case and if its worth fighting it to get different results.
Can you please that would be helpful.