Found Fit to Continue Active Service - MEDBOARD With 21 Years

1

18Blade

Well-Known Member
PEB Forum Veteran
Registered Member
Hello,

I just received a phonecall from the Navy hospital out here that my findings are back from the MEDBOARD. They told me that the board found me fit to continue active service, which shocked me.

I swear I read on the DFAS website that if you are over 20 years active service, the MEDBOARD will automatically place you on TDRL and recommend retirement, but maybe I misinterpreted that. Im currently over 21 years of continuous service.

The guy scheduled me for an appointment with my PEBLO this coming Thursday morning, and he said it was to "go over my options moving forward".

Wondering two things here:

1. What could possibly be meant by "go over options moving forward"?
2. Do the facts that this decision came back so quickly combined with them finding me fit to continue mean the VA is giving me a *really* low rating?
3. Does being found fit to continue service mean my DoD rating is less than 30%?


Shaun
 
Hello,

Ref: 3. Does being found fit to continue service mean my DoD rating is less than 30%?

Opinion: You were evaluated to not have unfitting conditions. Apparently, there is no DoD rating involved.

Ron
 
18Blade said:
Hello,

I just received a phonecall from the Navy hospital out here that my findings are back from the MEDBOARD. They told me that the board found me fit to continue active service, which shocked me.

I swear I read on the DFAS website that if you are over 20 years active service, the MEDBOARD will automatically place you on TDRL and recommend retirement, but maybe I misinterpreted that. Im currently over 21 years of continuous service.

The guy scheduled me for an appointment with my PEBLO this coming Thursday morning, and he said it was to "go over my options moving forward".

Wondering two things here:

1. What could possibly be meant by "go over options moving forward"?
2. Do the facts that this decision came back so quickly combined with them finding me fit to continue mean the VA is giving me a *really* low rating?
3. Does being found fit to continue service mean my DoD rating is less than 30%?


Shaun
Click to expand...
Your options are concur or appeal. Slim chance to win an appeal via FPEB. The stuff you read about regarding TDRL with 20 or more years does not apply. Its talking about the process for those found unfit. They didn't find you unfit.

The PEB is a personnel board. They can find you fit for pretty much anything if they want you to stay in and are willing to work around your physical limitations.
 
Yeah sounds like that's the case. Very interesting considering my conditions though.

There is a section on the paperwork they sent me from the PEB that describes something I've not heard before, which might be important for other people:

"...Service members who are pending retirement at the time they are referred for disability evaluation will be presumed fit for military service. The Presumptive Period holds true in the following circumstances:

(3) An enlisted member is within 12 months of their retention control point, high year on tenure, or expiration of active obligated service, but will be eligible for retirement at that point..."

There are other bullets, but (3) applies to me, for my EAOS. So to me, that sounds like if you fit any of the criteria in (3), then the board will automatically assume you are fit, unless medical evidence suggests otherwise. The PEBLO just called me and said the same thing; the board assumes I'm fit because I'm within 12 months of my EAOS and I'm eligible for retirement.

So that's where I misunderstood. I assumed that the recommendation for retirement was 100% the case since I was over 20; didn't realize the board still needed all the medical evidence. When my referred conditions list only had a few of my concerns on there, I didn't worry about it because I didn't think it mattered. Damn.

I guess I can talk to the legal team and see if an appeal that includes all of my stuff would be possible, or even worth it. My EAOS is May, so it's not much of a difference. I would prefer to just retire now, though.

Shaun
 
18Blade said:
Yeah sounds like that's the case. Very interesting considering my conditions though.

There is a section on the paperwork they sent me from the PEB that describes something I've not heard before, which might be important for other people:

"...Service members who are pending retirement at the time they are referred for disability evaluation will be presumed fit for military service. The Presumptive Period holds true in the following circumstances:

(3) An enlisted member is within 12 months of their retention control point, high year on tenure, or expiration of active obligated service, but will be eligible for retirement at that point..."

There are other bullets, but (3) applies to me, for my EAOS. So to me, that sounds like if you fit any of the criteria in (3), then the board will automatically assume you are fit, unless medical evidence suggests otherwise. The PEBLO just called me and said the same thing; the board assumes I'm fit because I'm within 12 months of my EAOS and I'm eligible for retirement.

So that's where I misunderstood. I assumed that the recommendation for retirement was 100% the case since I was over 20; didn't realize the board still needed all the medical evidence. When my referred conditions list only had a few of my concerns on there, I didn't worry about it because I didn't think it mattered. Damn.

I guess I can talk to the legal team and see if an appeal that includes all of my stuff would be possible, or even worth it. My EAOS is May, so it's not much of a difference. I would prefer to just retire now, though.

Shaun
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Good Luck. If you don't have an ADSO you can drop your packet if you can't get it appealed. The main thing I hate about IDES for people over 20 years is that you don't have control over your timeline to get out. That is the main benefit for retiring via regular active duty 20 year retirement.
 
Thanks, pretty sure I'm going to need it.

If you are referring to an officer package when you reference ADSO, unfortunately I'm enlisted, so I'm bound to my EAOS.

One aspect that may help me is that my lower back is one of my referred conditions...and it sucks. Im in the 40% rating range per the 38 CFR. So if I can get the appropriate documentation...I'm guessing a statement from my command and the folks at pain management...maybe even use the DBQ I just received for my back...I might be able to sway them.

Otherwise, I'm pretty sure I can still submit all of my VA claims while still on active duty, so hopefully I won't have to wait too long to receive benefits once I retire.

Shaun
 
From speaking to lawyers about the PFIT, you are correct, if you meet any of the criteria for a PFIT, the PEB will automatically find you fit for duty. In most cases though, it’s inconsequential since your pension + VA will be the same.
 
Agreed. The primary benefit to MEDBOARD retirement would have been the opportunity to get out of southern CA sooner. I should have paid more attention, and asked for a 2nd opinion from what DFAS told me.

Shaun
 
18Blade said:
Agreed. The primary benefit to MEDBOARD retirement would have been the opportunity to get out of southern CA sooner. I should have paid more attention, and asked for a 2nd opinion from what DFAS told me.

Shaun
Click to expand...
I'm dreading getting a PFIT back from the PEB myself, but stakes are even higher for me as I'm a former officer. With a normal retirement I only get an enlisted pension, with medical retirement I get High 3 officer pension; difference of $2500/mo for 10 years. :/
 
PolloxTroy08 said:
I'm dreading getting a PFIT back from the PEB myself, but stakes are even higher for me as I'm a former officer. With a normal retirement I only get an enlisted pension, with medical retirement I get High 3 officer pension; difference of $2500/mo for 10 years. :/
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If found fit is it realistic that you can stay in as an officer to reach 10 years in as an officer? You are correct though that if medically retired that requirement is waived and you get HIGH based on your Officer pay grade.
 
I spent 19 years as an officer, but am currently enlisted. Got bad advice and resigned my commission; appealing with ABCMR, but medical retirement may be my only hope.
 
If the PEB wants you to stay; they simply find nothing unfitting; therefore your DoD percentage is zero.
 
chaplaincharlie said:
If the PEB wants you to stay; they simply find nothing unfitting; therefore your DoD percentage is zero.
Click to expand...
That seems to be the case. I'm told it's recognized that I have physical concerns, but they evidentially want me to just sweat the last few months out.

For those who are still reading this thread - do DQB's expire?

I completed all of my C&P exams in August. I'll be retiring in May, but I plan to submit everything at my 6-month window, which is December. Will my current DBQ's be okay, or are they going to make me do an entire new set of tests? It would probably be with the same doctors at QTC.

Shaun
 
18Blade said:
That seems to be the case. I'm told it's recognized that I have physical concerns, but they evidentially want me to just sweat the last few months out.

For those who are still reading this thread - do DQB's expire?

I completed all of my C&P exams in August. I'll be retiring in May, but I plan to submit everything at my 6-month window, which is December. Will my current DBQ's be okay, or are they going to make me do an entire new set of tests? It would probably be with the same doctors at QTC.

Shaun
Click to expand...
DBQ do in fact expire. They are only good for 12 months.
 
Gotcha. So then - in theory - I shouldn't have to redo anything until next August, and I can submit the current ones in December.

I'm guessing this is subjective, though, and the VA can schedule new exams if they decide to do so.

Shaun
 
18Blade said:
Gotcha. So then - in theory - I shouldn't have to redo anything until next August, and I can submit the current ones in December.

I'm guessing this is subjective, though, and the VA can schedule new exams if they decide to do so.

Shaun
Click to expand...
Yep. They can see the existing ones and not require C&P exam or redo it all. If you are in IDES now and found fit all that stuff goes away. So if you later on have to basically claim everything again chances are they are going to request new exams for updated C&P's since nothing sticks if a proposed claim is closed due to the Soldier being found fit.
 
www.va.gov

Pre-discharge claim | Veterans Affairs

If you have a service-connected condition, you can file a pre-discharge claim for disability benefits between 180 to 90 days before you leave the military. This claim process is called the Benefits Delivery at Discharge (BDD) program. The BDD program may help speed up the VA claim decision...
www.va.gov www.va.gov
 
chaplaincharlie said:
www.va.gov

Pre-discharge claim | Veterans Affairs

If you have a service-connected condition, you can file a pre-discharge claim for disability benefits between 180 to 90 days before you leave the military. This claim process is called the Benefits Delivery at Discharge (BDD) program. The BDD program may help speed up the VA claim decision...
www.va.gov www.va.gov
Click to expand...
This is the new plan. My 180-day mark is the 2nd day of December. Already got in touch with a VSO, ready to pull the trigger.
 
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