Just received NARSUM, need advice on accepting

B

Burbin84

New Member
Registered Member
Hi, All, and thanks in advance for taking the time to help me out.

I am a Traditional National Guardsman (not AGR), O4/MAJ with prior AD time and NG deployments, my total years of service is 16 years, and with M-Day points just above 7 years Active Time. I injured my back in 2017 working out (I was a full-time ARNG Technician, but not AGR) and rehabbed myself back to physical standards. No LOD was filed as I wasn't on orders. I made mention of it several times between 2017-2019 at my physicals, as was instructed by my command, but no profile was issued. I was activated and deployed to Poland (non Combat deployment) in 2020, where I subsequently re-injured my back (3x herniated discs) and ultimately was evac'd to Germany for evaluation and treatment. I was ultimately sent back to Poland to finish my deployment, and an LOD was completed on my injury.

After returning home in late 2020, I reinjured myself again and underwent a double microdiscectomy in 2021. This led to a P3 profile and the referral to the MEB/PEB in 2022. I no longer work full-time for the ARNG as a Tech, I have a civilian job (irrelevant to the case, but figured I'd mention it for clarity here). I completed my VA compensation claim in January 2022 with 60% rating.

I am currently in the IDES process, and I just received my NARSUM from the MEB. I have 3 DOES NOT MEET STANDARDS FOR RETENTION for my lumbar spine disc degeneration, left leg radiculopathy, and right leg radiculopathy. All other issues were deemed within standard for continued service (but I'm assuming will go towards an updated VA rating?).

My question: What is the likely minimum percentage for these 3 disqualifying claims? Do I need to worry about filing an appeal for more of my conditions to be included in the DOES NOT MEET column? The three that I have don't meet retention standards, but all 3 are YES to Existed Prior to Service AND Permanently Aggravated by Service (because of the injury occurring in 2017 but being aggravated on deployment). I'd be happy with a 50% DOD rating, but honestly can live with just a 30% rating.

The last thing I want is to be separated with separation pay and lose 16 (almost 17 now) years of service toward a retirement. Other conditions I have include Bilateral Hip Condition (stemming from the back injury), adjustment disorder with mixed anxiety and depression, and then the usual hearing loss, sinusitis, elevated BP w/o hypertension, and a shoulder injury that doesn't affect anything.

Thanks, everyone!
 
Generally the does not meet standards for retention conditions will be found to be unfit by the PEB. If the combination of those 3 conditions equals 30% or higher you will immediately qualify for a chapter 61 retirement:) Also, the key part in that NARSUM is the permanently aggravated by service. That means they are on the hook for it and it will be consider unfitting and duty related. Of course its possible the PEB disagrees but that would be super rare. They tend to concur with the NARSUM.

If you login to Tricare online website with your CAC or DS login you can click the blue section which is medical records and see documents section. Your DBQ's should be there from your VA exams. Review those DBQ's and compare what was said to the VA ratings table to get an idea of the rating for each unfitting condition. Then you can add them together via VA math to see what your estimated DOD% would be. If there is an issue with the DBQ you can upload evidence and a statement in support of a claim explaining or countering information on a DBQ. That can help you get the correct results without hail Mary VARR at the end of the process.

Lastly, if you have 15 good years you are protected by the 15 year letter. If DOD% is 20% or less then you can decline severance and be moved to gray area retirement with a 15 year letter which has all of the same retirement benefits of a 20 year letter with the big exception that you wouldn't qualify for CRDP at eligilble age when you receive your non regular retirement.
 
Burbin84 said:
Hi, All, and thanks in advance for taking the time to help me out.

I am a Traditional National Guardsman (not AGR), O4/MAJ with prior AD time and NG deployments, my total years of service is 16 years, and with M-Day points just above 7 years Active Time. I injured my back in 2017 working out (I was a full-time ARNG Technician, but not AGR) and rehabbed myself back to physical standards. No LOD was filed as I wasn't on orders. I made mention of it several times between 2017-2019 at my physicals, as was instructed by my command, but no profile was issued. I was activated and deployed to Poland (non Combat deployment) in 2020, where I subsequently re-injured my back (3x herniated discs) and ultimately was evac'd to Germany for evaluation and treatment. I was ultimately sent back to Poland to finish my deployment, and an LOD was completed on my injury.

After returning home in late 2020, I reinjured myself again and underwent a double microdiscectomy in 2021. This led to a P3 profile and the referral to the MEB/PEB in 2022. I no longer work full-time for the ARNG as a Tech, I have a civilian job (irrelevant to the case, but figured I'd mention it for clarity here). I completed my VA compensation claim in January 2022 with 60% rating.

I am currently in the IDES process, and I just received my NARSUM from the MEB. I have 3 DOES NOT MEET STANDARDS FOR RETENTION for my lumbar spine disc degeneration, left leg radiculopathy, and right leg radiculopathy. All other issues were deemed within standard for continued service (but I'm assuming will go towards an updated VA rating?).

My question: What is the likely minimum percentage for these 3 disqualifying claims? Do I need to worry about filing an appeal for more of my conditions to be included in the DOES NOT MEET column? The three that I have don't meet retention standards, but all 3 are YES to Existed Prior to Service AND Permanently Aggravated by Service (because of the injury occurring in 2017 but being aggravated on deployment). I'd be happy with a 50% DOD rating, but honestly can live with just a 30% rating.

The last thing I want is to be separated with separation pay and lose 16 (almost 17 now) years of service toward a retirement. Other conditions I have include Bilateral Hip Condition (stemming from the back injury), adjustment disorder with mixed anxiety and depression, and then the usual hearing loss, sinusitis, elevated BP w/o hypertension, and a shoulder injury that doesn't affect anything.

Thanks, everyone!
Click to expand...
I forgot to mention if you need to upload additional evidence for your VA claims you can do that on VA.GOV
 
Provis, that is great info, thank you so much! I went through the documents and it looks like my total would be around 53% on my DOD% with VA math, so I’m pretty happy there.

I wasn’t aware of a 15 year letter, is that only for Active members? The retirement base pay percentage is based off of the total Active years of service, correct? So 7 for me (or 6… since I can’t get to 8 before my separation).
 
Burbin84 said:
Provis, that is great info, thank you so much! I went through the documents and it looks like my total would be around 53% on my DOD% with VA math, so I’m pretty happy there.

I wasn’t aware of a 15 year letter, is that only for Active members? The retirement base pay percentage is based off of the total Active years of service, correct? So 7 for me (or 6… since I can’t get to 8 before my separation).
Click to expand...
15 year letter is only applicable to Reserves and National Guard. Active Duty doesn't have anything like it. So for AD its pretty scary since you could get kicked out with severance at 19 years. Also, the 15 year letter will only be created in a situation where you are found unfit and the DOD rating is 20% or less.

The calculations for a 15 year letter are identical to a 20 year letter. Take all points creditable divide it by 360 and multiply high 3 to get pension amount. 50% DOD will be much higher than a non regular retirement through the Guard or Reserves in your situation. However, any VA compensation will offset it.
 
Provis said:
Generally the does not meet standards for retention conditions will be found to be unfit by the PEB. If the combination of those 3 conditions equals 30% or higher you will immediately qualify for a chapter 61 retirement:) Also, the key part in that NARSUM is the permanently aggravated by service. That means they are on the hook for it and it will be consider unfitting and duty related. Of course its possible the PEB disagrees but that would be super rare. They tend to concur with the NARSUM.

If you login to Tricare online website with your CAC or DS login you can click the blue section which is medical records and see documents section. Your DBQ's should be there from your VA exams. Review those DBQ's and compare what was said to the VA ratings table to get an idea of the rating for each unfitting condition. Then you can add them together via VA math to see what your estimated DOD% would be. If there is an issue with the DBQ you can upload evidence and a statement in support of a claim explaining or countering information on a DBQ. That can help you get the correct results without hail Mary VARR at the end of the process.

Lastly, if you have 15 good years you are protected by the 15 year letter. If DOD% is 20% or less then you can decline severance and be moved to gray area retirement with a 15 year letter which has all of the same retirement benefits of a 20 year letter with the big exception that you wouldn't qualify for CRDP at eligilble age when you receive your non regular retirement.
Click to expand...
Is there a specific form to upload with evidence in support of a more favorable rating?
 
You must log in or register to reply here.
Top