Help: National Guard

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supplydog

PEB Forum Regular Member
My brothers,

I am glad to have found this valuable site. I have been encountering all kinds of problems with my medical separation. 16 months ago I was given a permanent profile with four 4's. I was injured in a combat zone, have over 20 years of service (15 active, the remainder NG), am a federal technician, was recently rated at 190% awarded 100% service connected by the VA. I have sent over 150 pages of documention including all C and P examination notes, to Walter Reed and was just informed that they want the rest of my VA records dating back 3 1/2 years for incomplete LOD's that were lost by my unit. They sent me to a Fit for Duty to Aberdeen Proving Grounds six months ago (Phase I) cancelled the Phase II, my unit has sat on stuff for the past 16 months and now the Medical Detachment folks say it will be another 6-9 months. I was recommended for MEB/PEB on 7 Nov 07 and am still in the LOD phase. What can I do and why do they continue to send requests for additional information that my unit continues to only react to when I follow-up. What is the start to finish direction of the Medical Board? I have TBI and PTSD along with other injuries and get easily confused so please HELP ME. God Bless you all my brothers...Supplydog
 
supplydog,

Welcome, I am glad you found us!

What state are you in?

What is your drill status? Are you drilling, or getting INCAP pay? Are you able to work at your technician job?

What agency or department at Walter Reed asked for your records?

I am trying to get a better picture of your situation before giving my thoughts. The good news is that it is inconceivable to me that you not be retired with a high rating based on the facts you stated. It may take some more fighting, but it sounds like you will get there.
 
Jason and the rest of our comrades, thank you for your quick response. I am from Pennsylvania and although I have been drilling, last week my doctors at the VA gave me a letter recommending I no longer drill so I have to get a ruling from my command. I am receiving no incap pay and the records were requested by a surgeon from Walter Reed who is still in the process of finalizing LOD's lost by my unit. I still perform technician duties because I am still in the NG but I qualify for technician disability also. This is at least the third time Walter Reed has returned the LOD's after I sent them what I indicated in my initial site post. I just don't trust them, 16 plus months and counting is unreal. I don't have any idea where the MEB/PEB goes from there so any help I can get is a blessing and is appreciated. Bless you all, Thank you...Supplydog
 
supplydog,

sorry to hear about your issues. who are you working w/@ walter reed? i've been dealing w/patient advocacy there, w/good results. i've been going through the same issues w/my unit since 2006. good luck!
 
Supplydog,

This is just a suggestion, but I was also a dual-status technician (in the Army Reserve) and took the civil service disability retirement. That also allowed me to collect Social Security Disability retirement. I have been in the medical process with the reserves for 21 months and have just reached the MEB phase, mainly because all of my LOD's took so long. I chose not to drill since my VA disability began a year ago, since you then get into the whole mess of having to refuse VA pay because you are drawing drill pay. I am not sure about the guard, but the reserves cannot discharge you once you are in the medical process, so there is no danger in not attending drills.

Once my medical board is finished and I (hopefully) receive my disability retirement from the Army, I can then apply for CRSC, since all my conditions are combat and/or service related. I will then be drawing four disabilities retirements - civil service, social security, VA, and military.

My point is that you can strengthen you military case by drawing a civil service disability retirement. In a sense, it means the Army (on the civilian side) has already found you unfit for duty as a technician. If the Army is saying you can't do your civilian job, then how can they say you can perform as a soldier? Of course there is no guarentee there, except the common sense clause, which the Army seems to lose at times. But then getting the civilian retirement helps your social security case, and they all start feeding off of each other.

I hope this makes sense. My civilian service, social security, and VA disability cases were all completed in less than six months. My Army retirement is headed to the two year mark, and is by far the most difficult, so I wanted the other cases complete to make my arguement that much stronger that my injuries and conditions are in fact totally disabling. But as a 30 year veteran and know the Army like I do, I still have nightmares that the Army will find me "fit for duty" and send me back to Iraq!

Good luck to you.

CSM/out
 
CSM493; robs42;
I am also a dual status technician but in the NG the way I understand it I can't get my technician disability until I am separated from the NG. I can't apply for SS until I am finshed working so I am in a catch 22 until the Guard separates me. I also was not aware that I did not need to attend drill because of being 100% VA S/C. I pay it back each year as you have indicated I must do. It is slow, my medical injuries are such that I haven't worked a full week since I returned from Iraq in Nov 05. I was hurt in a combat zone, that has changed everything about my life and because of the time it has taken makes my ability to work harder every day. I hurt all the time, get bad headaches, etc. I just want closure, the information you fellow veterans provide is a blessing and an answer to my prayers. Thank you all...Supplydog
 
robs43,

You mentioned that patients advocacy from Walter Reed has provided you with decent support. Do you have a contact number I can utilize? Thank you...Supplydog
 
Supplydog - are you a state or federal employee? This is probably where Jason needs to chime in, but if you are a federal technician, I am pretty sure you can apply for your civil service disability regardless of your NG status. That could all be different if you are a state employee, of course. For federal technicians, even though dual status, there are no preconditions concerning your military status that would preclude applying for the disability. In that respect, you are treated the same as any federal employee. Again, Jason is the lawyer and may have additional information.

CSM493
 
CSM493,
I am a Federal Technician, thank you for all the information that has been so helpful....Supplydog
 
I too am dual status NG.

If you have not been doing your real job, in the Tec world you can apply for SS and they will back date a year or when you stopped doing your real job, like if they had you sitting at desk instead of working on vehicles.

In my state the Tec world will not send in your Tec disability papwork untill you have a Army discharge date. Once you loose your military membership you areonly supposed to stay a Tec for 2 pay periods, that is if OPM can get the paperwork done on time.
 
I don't know were you get your information but your entitled to get DVA disability and drill pay. Here is how it works. Let's say you make $900 a month from the VA and you pull a standard four drill weekend. Each four hour period equals one day Thus you have pulled four days worth of drill. The DVA caculates your pay based on 30 days. Thus four days equals $120. $900-$120=$780 plus your drill pay. I even know some 100% disabled veterans that are also drilling.

There is also a retirement for the Guard/Reserve. In the Guard it is called CH 3. A person can get retirement for non-service connected disabilities for service between 15 and under 20 years. You will not get concurrent receipt (CRDP) but you will retire with benefits. I don't know the name of the retirement in the Reserves but it is the same thing.
 
My comment was "then get into the whole mess of having to refuse VA pay because you are drawing drill pay". I should have said "having to refuse a portion of your VA pay". My bad.

I am still confused on how a state can put conditions on a federal retirement. When I went through my disability retirement process last year I dealt directly with OPM, even though I was a dual status technician. OPM made no distinction between a military technician and any other federal employee. Sounds like some of that state voodoo that the NG is always throwing around, which may of may not have any actual basis in fact. I have been drawing disabled technician pay since last August, but I am still a Sergeant Major in a drilling reserve unit. I just choose not to attend drills because a broke SGM has no place in a formation. So I am just waiting out my MEB/PEB.
 
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