Hello all - I'm a ANG Federal Technician in the midst of a medical retirement. Here's the specifics:
I've been found medically unfit by my WG and have entered the DES process. After two years of nonsense with a denied LOD after a 2020 Title 10 deployment and then a subsequent denied LOD appeal, my appeal package will be submitted to SECAF soon. The denial stemmed from my own unit "forgetting" to include over 35 medical documents (including a spinal fusion) in the LOD package - the appeal was submitted during COVID, languished at NGB for 14 months, and then was abruptly denied. I don't believe any medical authority reviewed the case appropriately and the denial was to get me off the books after my state leadership inquired about the delayed decision timeline.
I have an excellent AF lawyer in the ODC and will soon be asked to decide between IDES and LDES after the SECAF appeal is adjudicated. I think I know the answer, but I just discovered this forum and wanted to ask those with expertise and experience in these matters. Here are a few important details:
1. Awarded VA Service Connected 100% P&T - effective date is August 2022. I went from 90 to 100% P&T in NOV 2023 after being rated via the Pact Act for respiratory issues after two tours in Afghanistan. I'm on the Burn Pit registry, have a max 40% rating for spinal issues, and a few others related to arthritis and joints. I know that the DoD will only rate me for those conditions that affect my mil medical qualification and that I must reach a minimum of 30% to be medically retired.
2. I have 10 years active duty Army/AF and have been a full-time ANG Fed Tech since Oct 2007 (24 "good years" for military retirement).
3. I'm 53, but do not yet have 20 years of Fed Tech service and have not bought back any of my AD time. 1 OCT 2024 is the start of my 18th year as a Fed Tech.
4. As a Fed Tech that will lose his military position (and thus my GS job) through a medical DQ, I'm eligible for a Federal Civilian Medical Disability 60/40 retirement. I've been a GS13 for 8 years and will retire under the FERS High 3 calculation.
5. I have 5 years of Title 10 duty since becoming a Fed Tech, so my Reduced Retirement Age is 55 years old (2 years from now). I have verified the order codes and all qualify for RRA.
6. Regarding retirement points, I have 6055 AD points and a total of 6780 retirement points. I'm currently an O5.
I'm aware that my military retirement will be reduced by my VA compensation amount until I reach my RRA.
Preserving my 100% P&T is my priority and understand that unless I submit an action to the VA for a new rating or otherwise "re-open" my case, my current rating should remain the same.
I have one dependent using Chapter 35 benefits for college and will have another one ready for college in less than two years who will also use CH35. These benefits, along with ChampVA, are critical to my retirement plan and I want to preserve access for my dependents. I also plan to use CH31 after my retirement.
My understanding of IDES is that my VA rating will be used in conjunction with the DoD DES process and is much quicker since much of the medical documentation is already in place with the VA. However, there is an element of risk in terms of potentially jeopardizing my 100% P&T. I have several threads here that indicate a simple member statement (stating to the VA that the effort is not a new rating request) can prevent this from happening. I have no direct experience and/or guidance from my ODC lawyer in terms of written references.
LDES has been explained to me as the "DoD side only" and that they will likely rate me less than my current VA rating. If I understand it correctly, reaching the 30% threshold to trigger a military medical retirement seems to be likely considering my rated conditions. I'm told that the LDES takes longer, but being two years out from RRA, that seems like a win to me.
Thoughts on IDES vs LDES for my particular situation?
Thanks in advance for your time and expertise.
I've been found medically unfit by my WG and have entered the DES process. After two years of nonsense with a denied LOD after a 2020 Title 10 deployment and then a subsequent denied LOD appeal, my appeal package will be submitted to SECAF soon. The denial stemmed from my own unit "forgetting" to include over 35 medical documents (including a spinal fusion) in the LOD package - the appeal was submitted during COVID, languished at NGB for 14 months, and then was abruptly denied. I don't believe any medical authority reviewed the case appropriately and the denial was to get me off the books after my state leadership inquired about the delayed decision timeline.
I have an excellent AF lawyer in the ODC and will soon be asked to decide between IDES and LDES after the SECAF appeal is adjudicated. I think I know the answer, but I just discovered this forum and wanted to ask those with expertise and experience in these matters. Here are a few important details:
1. Awarded VA Service Connected 100% P&T - effective date is August 2022. I went from 90 to 100% P&T in NOV 2023 after being rated via the Pact Act for respiratory issues after two tours in Afghanistan. I'm on the Burn Pit registry, have a max 40% rating for spinal issues, and a few others related to arthritis and joints. I know that the DoD will only rate me for those conditions that affect my mil medical qualification and that I must reach a minimum of 30% to be medically retired.
2. I have 10 years active duty Army/AF and have been a full-time ANG Fed Tech since Oct 2007 (24 "good years" for military retirement).
3. I'm 53, but do not yet have 20 years of Fed Tech service and have not bought back any of my AD time. 1 OCT 2024 is the start of my 18th year as a Fed Tech.
4. As a Fed Tech that will lose his military position (and thus my GS job) through a medical DQ, I'm eligible for a Federal Civilian Medical Disability 60/40 retirement. I've been a GS13 for 8 years and will retire under the FERS High 3 calculation.
5. I have 5 years of Title 10 duty since becoming a Fed Tech, so my Reduced Retirement Age is 55 years old (2 years from now). I have verified the order codes and all qualify for RRA.
6. Regarding retirement points, I have 6055 AD points and a total of 6780 retirement points. I'm currently an O5.
I'm aware that my military retirement will be reduced by my VA compensation amount until I reach my RRA.
Preserving my 100% P&T is my priority and understand that unless I submit an action to the VA for a new rating or otherwise "re-open" my case, my current rating should remain the same.
I have one dependent using Chapter 35 benefits for college and will have another one ready for college in less than two years who will also use CH35. These benefits, along with ChampVA, are critical to my retirement plan and I want to preserve access for my dependents. I also plan to use CH31 after my retirement.
My understanding of IDES is that my VA rating will be used in conjunction with the DoD DES process and is much quicker since much of the medical documentation is already in place with the VA. However, there is an element of risk in terms of potentially jeopardizing my 100% P&T. I have several threads here that indicate a simple member statement (stating to the VA that the effort is not a new rating request) can prevent this from happening. I have no direct experience and/or guidance from my ODC lawyer in terms of written references.
LDES has been explained to me as the "DoD side only" and that they will likely rate me less than my current VA rating. If I understand it correctly, reaching the 30% threshold to trigger a military medical retirement seems to be likely considering my rated conditions. I'm told that the LDES takes longer, but being two years out from RRA, that seems like a win to me.
Thoughts on IDES vs LDES for my particular situation?
Thanks in advance for your time and expertise.
