Unfortunately it sounds like you had a similar run as me... But... GI Bill is only applicable if the medical separation was annotated on a DD214 from active duty. Even an admin separation for retention would have an MG code in Sidpers annotating a medical basis for separation and SHOULD be eligible for an increase in the Post 911 GI Bill but... it requires the medical condition being the reason for early release... so you should have a 10 USC 12301(H) on there or some other paragraph for assignment to a WTU. I burned half of my bridges too... the other half agree that I should be pissed and encourage my fight.
Looking for Cases of Duty Related Conditions Declared non Duty Related
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I believe your correct with the injury not resoved by the 365, automatically supposed to be referred. I had 2 469's that past the 365 day. The Base Hospital (AD Doctor), bumped up the code to be referred to the MEB, however, the Guard clinic, changed it back.....
I have wrote a memo to the record to record some issues. I will do another one asap to get other points accross.
Thank you for all the encouraging words from everyone. Keep your spirits
I'm being separated 10 Oct 2014.
Forcing me to retire in Leu of separation. I will keep you posted.
The deadliines for the af form 469, apparantly are for Active Duty, not the Guard
I will have to continue the fight for Disability Retirement when I separated.
Again, Bless all the have it worse, than I.
90% Compensation from the VA
Retired from Civil Service (Technician program) "Disability" due to being found unfit and lost guard membership
SSA Disability Retired, as well
This posting is for National Guard examples of being denied by NGB and the VA service connecting the same medical issues. Please use my story and yu can put me in contact with your media or use my examples to help your cause
Donald Tarver
Phone number and address upon request
Forcing me to retire in Leu of separation. I will keep you posted.
The deadliines for the af form 469, apparantly are for Active Duty, not the Guard
I will have to continue the fight for Disability Retirement when I separated.
Again, Bless all the have it worse, than I.
90% Compensation from the VA
Retired from Civil Service (Technician program) "Disability" due to being found unfit and lost guard membership
SSA Disability Retired, as well
This posting is for National Guard examples of being denied by NGB and the VA service connecting the same medical issues. Please use my story and yu can put me in contact with your media or use my examples to help your cause
Donald Tarver
Phone number and address upon request
Well the s.o.p. with the guard seems to be 1.) put the issue off as long as possible 2.) when the issue is put on the spot,find an incompetent person to handle the situation 3.) deny any responsibility 4.) blame everything on the incompetent person 5.) discharge and let member fight it through appeal authority so their hands are washed clean.
Tarver your supposed to fall in line and suck it up and just accept what they are doing, after all the guard has your best interest in your health and well being in mind.
on the AF 469 if they check injury will be resolved 31-365 days and 365 days passes then another 469 is checked will be resolved 31-365 and 365 days passes then another.......so on.
this process is apparently flawed. i don't work for my base med. unit and i can figure that out. The point is if they have any interest in doing the right thing they would, but.....
Tarver your supposed to fall in line and suck it up and just accept what they are doing, after all the guard has your best interest in your health and well being in mind.
on the AF 469 if they check injury will be resolved 31-365 days and 365 days passes then another 469 is checked will be resolved 31-365 and 365 days passes then another.......so on.
this process is apparently flawed. i don't work for my base med. unit and i can figure that out. The point is if they have any interest in doing the right thing they would, but.....
They don't... Gotta make some calls tomorrow to follow up on my LOD again. It was still at my state last time I check because... again... legal was on leave... How can the entire JAG shop be on leave for half the damn year?
tarverusmc hit the nail on the head. You are fully expected accept without question whatever bullshit story and/or delaying tactic they can come up with. In the military, we are trained from day one to accept our superiors word as gospel, and they rely on that training to get away with murder.
Best advice I can tell anyone involved in this mess is, KNOW the regulations, hold them to the Regs, and when they don't follow the regulations inform them via email (aka. permanent date time stamped record) of what SPECIFIC regulation(s) they are violating. Have no doubt that this will all fall on deaf (and incredibly dumb) ears (expect that). But once you've formed a solid record (paper trail) of giving them knowledge and fair chance to correct the violations and move on according to regulations you've done what is called "due diligence"
Then take all your paperwork, email traffic, and anything solid showcasing the violations and ignoring or refusal by them to follow the Regs, and CONTACT YOUR CONGRESSMAN. That so far is the ONLY effective tactic that I've run across that's even close to being "time effective". It's been my experience that given the proper evidence a Congressional Liaison can un-jack the issue within days. The KEY POINT is to know the Regs backwards and forwards, and lock down via e-mail the unit/command/ or highe to being advised of the violations, and documenting their CONTINUED VIOLATIONS. That will give the Congressman's (military liaison) exactly the right ammo to blast them out of the water and move your case forward (quickly in most cases).
You have to be PROACTIVE about this, because part of the "game" is to run out the clock and force you to deal with the ABCMR (depending on service) and the Court of Federal Claims. These are still viable options, but you're best bet is to get what you can straightened out and moving forward while still in uniform, as the alternative is incredibly slow, somewhat complicated, and if you hire an attorney incredibly expensive as well.
HOLD THEIR FEET TO THE FIRE NOW!
Best advice I can tell anyone involved in this mess is, KNOW the regulations, hold them to the Regs, and when they don't follow the regulations inform them via email (aka. permanent date time stamped record) of what SPECIFIC regulation(s) they are violating. Have no doubt that this will all fall on deaf (and incredibly dumb) ears (expect that). But once you've formed a solid record (paper trail) of giving them knowledge and fair chance to correct the violations and move on according to regulations you've done what is called "due diligence"
Then take all your paperwork, email traffic, and anything solid showcasing the violations and ignoring or refusal by them to follow the Regs, and CONTACT YOUR CONGRESSMAN. That so far is the ONLY effective tactic that I've run across that's even close to being "time effective". It's been my experience that given the proper evidence a Congressional Liaison can un-jack the issue within days. The KEY POINT is to know the Regs backwards and forwards, and lock down via e-mail the unit/command/ or highe to being advised of the violations, and documenting their CONTINUED VIOLATIONS. That will give the Congressman's (military liaison) exactly the right ammo to blast them out of the water and move your case forward (quickly in most cases).
You have to be PROACTIVE about this, because part of the "game" is to run out the clock and force you to deal with the ABCMR (depending on service) and the Court of Federal Claims. These are still viable options, but you're best bet is to get what you can straightened out and moving forward while still in uniform, as the alternative is incredibly slow, somewhat complicated, and if you hire an attorney incredibly expensive as well.
HOLD THEIR FEET TO THE FIRE NOW!
Hello all,
I am TSgt John M. Elliott (2W171) assigned to the 127th AMXS at Selfridge ANGB, MI. I thought that I should put in my situation and update as it progresses. I am currently having my records being sent to have determined my fitness for duty and mobility. I suffer from bad lower back pain.
This started in 2004 on my deployment to Kirkuk AB, Iraq. Prior to the deployment I was placed on orders to help prepare wing weapons pylons for the F-16 aircraft. I was swapping out 60 lb mau racks from one pylon to another over and over for about 60 total pylons. Then came time to pack up and go. Upon arrival in country after the long C-130 ride my back was killing me to the point that I had a hard time moving around. I went to the clinic there and was told that they could do nothing but give me motrin for pain try to take it easy.
After 90 days in Iraq I returned to Selfridge and was placed on medical continuation orders while I processed thru medical to help with my back issue. I was sent to see an orthopedic specialist here and had an MRI done on my back. The doctor reviewed the MRI results and informed me that I had herniated the lower discs in my back and that I did not require surgery at that time. I did therapy and remained working my job on light duty until December of 2004. I was then cleared to return to full duty at that point. CMSgt Bowling my supervisor said to me "Your back will never be the same now that you have hurt it".
Fast forward to August 2013, I have had back pain for the last 10 years which has slowly gotten worse and worse. I was scheduled to take my pt test that you now have to work harder than before to pass and after the pt test my back was really sore. The entire next week I was in much more pain than usual. I decided to finally go see a doctor about my back than contiue just toughing it out. I had x-rays and an MRI done at my expense and was sent to an orthopedic surgeon to go over the results and his comment to me was and I quote" No wonder your in pain, look here your L5-S1 disc is pretty much shot". He then asked me what I wanted to do and I replied "Your the doctor, what do you suggest". He said he wanted to try therapy first. The therapy did little good and the TEMS unit only gave very temporary relief. I was then to do the do pain block injections. The first set of four had no effect and the second set again had no effect. He said not to go thru with the burning of the nerves since the shots were useless.
The whole time going through all of this I have been on restricted duty (no running or jumping, no lifting greater than 30 lbs, and no repeatative bending or twisting) at my fulltime tech. position with my unit. The guys have been cool for the most part but I can only do about 25% of my job now and feel useless and a burden. Now that I have been on restricted duty for a year now the medical clinic is sending my package to be evaluated to see if I am fit for duty. I just recently saw my doctor the orthopedic surgeon and he saiid there is nothing else left for me to do except surgery or live with the pain. I was told I do not need to see him again unless there are any changes. The restrictions he has me placed on are permanent. Surgery is out for now because I know and have read that many people end up worse than before.
The problem I have is the Med clinic has me down as non-duty related. I argued with the med clinic about the fact that my back was initially herniated in 2004 and this is the result of more wear and tear on an already injured back. I was informed that I was released back to full duty at the end of 2004. The only way to have it duty related was to have started another LOD on this injury. I was told my commander is the one to initiate the LOD investigation. It has been a year since I started all of this after doing my pt test on drill weekend. I am only now aware of how and who starts an LOD. I am very worried that I will lose the benefits that I deserve and have coming.
I have served now for 28 years, 10 yrs active duty from Aug 86 to Aug 96, and from Feb 97 to present with the guard. I have been on numerous deployments to the sandbox. I am hoping that they will medically retire me and let me get disability from the military. I will be financially hurt if I do not get my military disability. I am still able to work but only on a part time basis due to the back pain. I definitely cannot continue to do my job as a 2W171 in the military. If I lose my military job,I also lose my technician job as well.
I have no idea what to expect and reading some of these posts does not put my mind at ease. I have gotten no help except a few of the other guys I wrk with saying that if I retire medically as a federal technician I should be sitting good with the disability pay I get. I hope the are correct. If you know anyone to contact let me know as my enlistment is also up next July.
I am TSgt John M. Elliott (2W171) assigned to the 127th AMXS at Selfridge ANGB, MI. I thought that I should put in my situation and update as it progresses. I am currently having my records being sent to have determined my fitness for duty and mobility. I suffer from bad lower back pain.
This started in 2004 on my deployment to Kirkuk AB, Iraq. Prior to the deployment I was placed on orders to help prepare wing weapons pylons for the F-16 aircraft. I was swapping out 60 lb mau racks from one pylon to another over and over for about 60 total pylons. Then came time to pack up and go. Upon arrival in country after the long C-130 ride my back was killing me to the point that I had a hard time moving around. I went to the clinic there and was told that they could do nothing but give me motrin for pain try to take it easy.
After 90 days in Iraq I returned to Selfridge and was placed on medical continuation orders while I processed thru medical to help with my back issue. I was sent to see an orthopedic specialist here and had an MRI done on my back. The doctor reviewed the MRI results and informed me that I had herniated the lower discs in my back and that I did not require surgery at that time. I did therapy and remained working my job on light duty until December of 2004. I was then cleared to return to full duty at that point. CMSgt Bowling my supervisor said to me "Your back will never be the same now that you have hurt it".
Fast forward to August 2013, I have had back pain for the last 10 years which has slowly gotten worse and worse. I was scheduled to take my pt test that you now have to work harder than before to pass and after the pt test my back was really sore. The entire next week I was in much more pain than usual. I decided to finally go see a doctor about my back than contiue just toughing it out. I had x-rays and an MRI done at my expense and was sent to an orthopedic surgeon to go over the results and his comment to me was and I quote" No wonder your in pain, look here your L5-S1 disc is pretty much shot". He then asked me what I wanted to do and I replied "Your the doctor, what do you suggest". He said he wanted to try therapy first. The therapy did little good and the TEMS unit only gave very temporary relief. I was then to do the do pain block injections. The first set of four had no effect and the second set again had no effect. He said not to go thru with the burning of the nerves since the shots were useless.
The whole time going through all of this I have been on restricted duty (no running or jumping, no lifting greater than 30 lbs, and no repeatative bending or twisting) at my fulltime tech. position with my unit. The guys have been cool for the most part but I can only do about 25% of my job now and feel useless and a burden. Now that I have been on restricted duty for a year now the medical clinic is sending my package to be evaluated to see if I am fit for duty. I just recently saw my doctor the orthopedic surgeon and he saiid there is nothing else left for me to do except surgery or live with the pain. I was told I do not need to see him again unless there are any changes. The restrictions he has me placed on are permanent. Surgery is out for now because I know and have read that many people end up worse than before.
The problem I have is the Med clinic has me down as non-duty related. I argued with the med clinic about the fact that my back was initially herniated in 2004 and this is the result of more wear and tear on an already injured back. I was informed that I was released back to full duty at the end of 2004. The only way to have it duty related was to have started another LOD on this injury. I was told my commander is the one to initiate the LOD investigation. It has been a year since I started all of this after doing my pt test on drill weekend. I am only now aware of how and who starts an LOD. I am very worried that I will lose the benefits that I deserve and have coming.
I have served now for 28 years, 10 yrs active duty from Aug 86 to Aug 96, and from Feb 97 to present with the guard. I have been on numerous deployments to the sandbox. I am hoping that they will medically retire me and let me get disability from the military. I will be financially hurt if I do not get my military disability. I am still able to work but only on a part time basis due to the back pain. I definitely cannot continue to do my job as a 2W171 in the military. If I lose my military job,I also lose my technician job as well.
I have no idea what to expect and reading some of these posts does not put my mind at ease. I have gotten no help except a few of the other guys I wrk with saying that if I retire medically as a federal technician I should be sitting good with the disability pay I get. I hope the are correct. If you know anyone to contact let me know as my enlistment is also up next July.
Have you submitted for VA Compensation?
Are a Traditional Guardsmen?
How long have you been a civilian Technician? No mil buy back...just civilian time
Are a Traditional Guardsmen?
How long have you been a civilian Technician? No mil buy back...just civilian time
I just got Rated from VA 100% T&P
and
I received my Retirement Orders Today. Retirement 1 May 2015. Retired unfit phys disqual for AD. Elig for Retirement pay at 60. I am told my only recourse is the Board of Corrections. I still have a few months in and what could I do to overturn the injustice of the EPTS Laws that were supposed to protect us?
I'm California Army National Guard.
- 100% VA rating since 2010 (awarded 2011). I also have SSDI.
- I've been requesting an MEB since 2011.
- I've been requesting LODs since 2011, although LODs aren't needed for IDES processing.
https://www.hrc.army.mil/site/ASSETS/PDF/NDR_Case_Submission-to-the-PEB.pdf
- I've been requesting INCAP pay since 2011. None yet received.
- Banned from drill in 2011 for going to a military treatment facility for help.
- 2012: Retroactively AWOLed and then demoted after being banned from drill.
- 2012: Separation action initiated for being AWOL even though I was banned from drill.
- 2012: My Army defense lawyer and I write a memo to the Adjutant General. He never responds.
- My lawyer and I waste a year talking to the Army General's lawyer.
- My defense lawyer gets reassigned to the prosecution (no..there are no typos in this sentence).
- 2014: Separation action just kind of disappears. State Surgeon Office initiates a non-duty medical separation even though I have no LODs in the system and even though the Deputy State Surgeon was personally aware that I had been requesting them and had been ignored. I call the Army General's lawyer. He arranges a conference call with the NCOIC medical services branch. They both agree that the State Surgeon can just declare a condition "not in the line of duty" without a formal investigation. I am advised to go to the non-duty PEB. I tell that I am not going to do that, because at that time the non-duty PEB wasn't allowed to consider issues of service-connection or line of duty. Now they can consider those issues, but look how well that turned out for Daniel Dresen.
- 2014: I write a memo to the TAG detailing systemic due process violations in CAARNG, and requesting an appointment at an MTF so I can get an accurate profile, MEB, PEB, and INCAP pay. I also ask for my rank back, and detail the due process violations surrounding that. The TAG ignores me again, but has his Army General respond. The Army General refuses all of my requests.
- 2015 I have employed a new legal weapon and demanded my rank back. I got it back 14 days later. Now I'm on offense, and fighting for myself, Daniel Dresen, and a few others that haven't survived as long as I have. More to follow...
http://www.pebforum.com/site/thread...onal-guard-non-duty-medical-i-need-you.26025/
- 100% VA rating since 2010 (awarded 2011). I also have SSDI.
- I've been requesting an MEB since 2011.
- I've been requesting LODs since 2011, although LODs aren't needed for IDES processing.
https://www.hrc.army.mil/site/ASSETS/PDF/NDR_Case_Submission-to-the-PEB.pdf
- I've been requesting INCAP pay since 2011. None yet received.
- Banned from drill in 2011 for going to a military treatment facility for help.
- 2012: Retroactively AWOLed and then demoted after being banned from drill.
- 2012: Separation action initiated for being AWOL even though I was banned from drill.
- 2012: My Army defense lawyer and I write a memo to the Adjutant General. He never responds.
- My lawyer and I waste a year talking to the Army General's lawyer.
- My defense lawyer gets reassigned to the prosecution (no..there are no typos in this sentence).
- 2014: Separation action just kind of disappears. State Surgeon Office initiates a non-duty medical separation even though I have no LODs in the system and even though the Deputy State Surgeon was personally aware that I had been requesting them and had been ignored. I call the Army General's lawyer. He arranges a conference call with the NCOIC medical services branch. They both agree that the State Surgeon can just declare a condition "not in the line of duty" without a formal investigation. I am advised to go to the non-duty PEB. I tell that I am not going to do that, because at that time the non-duty PEB wasn't allowed to consider issues of service-connection or line of duty. Now they can consider those issues, but look how well that turned out for Daniel Dresen.
- 2014: I write a memo to the TAG detailing systemic due process violations in CAARNG, and requesting an appointment at an MTF so I can get an accurate profile, MEB, PEB, and INCAP pay. I also ask for my rank back, and detail the due process violations surrounding that. The TAG ignores me again, but has his Army General respond. The Army General refuses all of my requests.
- 2015 I have employed a new legal weapon and demanded my rank back. I got it back 14 days later. Now I'm on offense, and fighting for myself, Daniel Dresen, and a few others that haven't survived as long as I have. More to follow...
http://www.pebforum.com/site/thread...onal-guard-non-duty-medical-i-need-you.26025/
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Sir,
I am in that category. 70% VA disability, for back, eye, ankle and PTSD. NG is processing a bar to re-enlist and my commander said this can still be dealt with after my ETS on March 28th, 2915.
I fractured my Tibia during squadron PT while on active duty. The MEB considered it In the Line of Duty, which it obliviously was. However, when I claimed it with the VA, then listed it NOT in the line of duty. I even submitted the safety accident report about it. Right now it is under appeal along with other items. My Tibia also falls under the 8 year rule too.
Please read this thread immediately and figure out what you want to do. If you ETS, it is much harder to fight these issues:
http://www.pebforum.com/site/threads/ad-service-connected-disability-in-the-national-guard.26021/
Read and appreciate the info.
Question?
Why if in my medical paperwork "that I kept copies of" there are DA FM 2173 that are complete and signed would I be going through a line of duty investigation? all documents signed state Block 31 - formal line of duty investigation needed - NO, Block 32 - Injury is considered to have been incurred in the line of duty - YES
Question?
Why if in my medical paperwork "that I kept copies of" there are DA FM 2173 that are complete and signed would I be going through a line of duty investigation? all documents signed state Block 31 - formal line of duty investigation needed - NO, Block 32 - Injury is considered to have been incurred in the line of duty - YES
Debt owed, not attending drill and not providing all the paperwork that I have in a timely manner is what I have been told. Talking with IG but even she does not sounds like anything will happen.
I've handed more paperwork to them and to find out that NGB HQ (VA)wrote in 2009 that everything and more was in the line of duty?
The doc here in 2013 recommended me for a med board....course he also filled out a profile 5 months after I had seen him.
I've handed more paperwork to them and to find out that NGB HQ (VA)wrote in 2009 that everything and more was in the line of duty?
The doc here in 2013 recommended me for a med board....course he also filled out a profile 5 months after I had seen him.