Help w/ USAR 17 year Retirement/Disability

C

crsdsabers

PEB Forum Regular Member
PEB Forum Veteran
Hi,
I'm a new member with some questions I hope you folks can help me with.

I am a USAR MAJ on Active Duty at Fort Leonard Wood, MO. I have 25 years for pay and 17 "good years" for retirement. I have been passed over for LTC (I didn't attend ILE nor do I intend to attend ILE). I got a Selective Continuation Letter allowing me to serve until JUN 2011, which will still not get me to 20 good years.

I have a P3 profile for sleep apnea/CPAP which has not yet been entered into MEDPROS and a P2 Profile (which prohibits my service in Combat Arms) on my foot as a result of 9 broken bones. Both Profiles are in Line of Duty.

What are my options. I am not going to get 20 years of "good service" for USAR retirement. Can I request medical retirement?


Thanks,
 
Hi,
I met w/ Chuck last week. He advised me that, as long as I can get to MEB, I should be recommended for medical retirement. However, I met w/ a PA at our SRP site today and he advised me that MEBs do not typically release officers. He prefaced this by saying that his experience is entirely with Active Component officers (MRD not an issue for retirement as mine is), but he believes that I'll be retained by MEB. He did say that, based on pretty extensive experience, that VA should rate me somewhere between 50-70%, but this doesn't fix my retirement issue. My MRD is next JUN, I will not have reached my RYE date for that retirement year, and will not have 18 good years.
I am considering, as a last result, resigning my commission and returning to the USAR to get my last 3 years so that I'll be eligible for retired pay at age 60, but have not yet found applicable guidelines for doing so.

Thanks,
 
I don't know on what basis the PA stated that officer's don't get "released" by MEB's. The question is whether you meet or fail retention standards (sounds like you fail retention standards). Whether you are fit or unfit is a different matter. Getting rated for OSA is notoriously difficult in the Army, but it can be done. I don't see how you could (and it seems doubtful that this would be a good course of action) resign without getting a return to duty finding.
 
Jason,
Again, thanks for the speedy reply. When I spoke to the PA, I laid out all the issues:
1.) Disc replacement, Spine Doc at Univ of MO says 4 years or less to fusion. Radiculopathy present now. Treated now for 7 years (40-501 description would be "chronic problem not responding to traditional care/methods). LOD on file
2.) Lower back bulging discs casuing severe pain in left leg, not responding to treatment (again, radiculopathy).
3.) OSA
4.) Tinnitus
5.) No APFT for 2 years now due to issues and PCM stringing me along w/ temp profiles.
6.) Torn right rotator cuff. LOD on file.
7.) Broken right (i think I said left earlier) foot w/ P2, probably should be P3, can't stand or walk for long periods and definitely no running.

He thinks that PCM would/should easily P3 me for one or more of the issues. But he emphatically stated that MEBs, in his experience, recommend retention for Officers. He says that there are no "by MOS" standards for officers.
He is a prior service SF/Ranger guy who probably didn't see a lot of us non Special Ops types in his career.

Thanks,

Jeff
 
Also, the resignation would only be in order to avoid discharge due to Mandatory Removal Date and be able to continue in USAR to get to 20 "good" years and get retirement pay at age 60.

Thanks,

Jeff
 
Thanks for posting this thread. I'll definitely follow. I will be starting the MEB/PEB process myself and I'm in a similar boat. I'm hoping that a P3 Profile for a Pacemaker is good enough to be rated for a permanent disability >30%. I have 22 Years for Pay and 14.5 Active Fed Service. I received my 20 Year letter as well.
 
crsdsabers said:
Jason,
Again, thanks for the speedy reply. When I spoke to the PA, I laid out all the issues:
1.) Disc replacement, Spine Doc at Univ of MO says 4 years or less to fusion. Radiculopathy present now. Treated now for 7 years (40-501 description would be "chronic problem not responding to traditional care/methods). LOD on file
2.) Lower back bulging discs casuing severe pain in left leg, not responding to treatment (again, radiculopathy).
3.) OSA
4.) Tinnitus
5.) No APFT for 2 years now due to issues and PCM stringing me along w/ temp profiles.
6.) Torn right rotator cuff. LOD on file.
7.) Broken right (i think I said left earlier) foot w/ P2, probably should be P3, can't stand or walk for long periods and definitely no running.

He thinks that PCM would/should easily P3 me for one or more of the issues. But he emphatically stated that MEBs, in his experience, recommend retention for Officers. He says that there are no "by MOS" standards for officers.
He is a prior service SF/Ranger guy who probably didn't see a lot of us non Special Ops types in his career.

Thanks,

Jeff
Click to expand...

crsdsabers said:
Also, the resignation would only be in order to avoid discharge due to Mandatory Removal Date and be able to continue in USAR to get to 20 "good" years and get retirement pay at age 60.

Thanks,

Jeff
Click to expand...

Jeff,

I don't know what to say about your PA's views. Officers are separated/retired all the time. It is more likely that an enlisted member with the same disabilities would be found unfit because there is a longer period of time in the NCO Corps where you are expected to be in the field as compared to officers. But, with that said, it does not change that Officers do end up with unfit findings. Complete inability to do a PT test is a very strong indicator of unfitness. Can't stand or walk for long periods is also a strong indicator. As a Major, I can't imagine you would be found fit with the disabilities you described.

As an aside, why won't you have 20 years of service? Did you have time in an inactive status? I recently have been addressing a similar issue. It may be wise to look into adjusting your removal date through a BCMR application as a back up plan. Just something to think about.
 
OK, my first post on this issue was 17 JUN. Now, I've finally got some resolution, sort of.

Since the first post, and many many care visits, I've been having back/leg problems which have finally been narrowed down to pinched nerve/bulging discs at L4-5 and L5-S1. Been to physical therapy, pain clinic, ortho surgery referral (miserable service at Univ of MO health center), and finally neuro surgery referral.

I finally got through conservative care and have seen a neuro surgeon. He wants to, and wife and I have agreed, to remove the disc at L4-L5 and possible L5-S1. I informally staffed a WTU packet thorugh local MTF. The Dep Cdr for Clinical Services, approval authority for WTU packet for USAR Soldiers, declined the packet and suggested "warm handoff" to VA for follow up care, which would've started me back w/ physical therapy, back to pain clinic, back to neuro referral and add six months to surgery and eventually to relief from my pinched nerves/bulging discs.

So, to achieve the same result, continued active duty for Active Duty Medical Extension and assignment to the same WTU, I've filed a request for ADME through the Office of the Surgeon General and my packet is now in front of a Medical Review Board. Problem is, my last day of AD is 15 DEC and surgery is scheduled for 04 JAN 2011. I'm clearing, getting LODs complete by CDR, getting all the documents. Finally leaves the installation and OTSG tells me 10 business days, taking me past REFRAD date of 15 DEC.

So, finally call local House Rep and she filed an inquiry. Amazingly, OTSG called me yesterday and wanted to know what they could do to make me, and Rep Emerson, happy. So, give me ADME and do it before 15 DEC.


Fingers crossed, sorry to ramble. Wish me luck!
 
Well, amazingly I got a phone call this morning from a COL in DA office of the surgeon general (OTSG). She advised me to take a breath, relax, and not worry as she had published my orders this morning.

Surprisingly, my orders were Medical Retention Processing rather that Active Duty Medical Extension. I applied for ADME, based on my case and status. MRP orders specifically required entry in PDES system which could get me into the MEB/PEB arena and actually get some retirement.

Thanks to everyone for good guidance and some better understanding about all this.
 
Congratulations on getting your orders issue squared away!
 
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