I am an 31b/92y AGR soldier w/ 12yrs active service in Jan (14 for pay due to an Mday stint from 00'-02') with 2yrs TIG as an E-7. I have been diagnosed with severe emphesyma. The Army even paid for me to go to a civillian hospital that specializes in CPD... I am not going to get better my current lung capacity is at 40% FEV1.. I have reams of tests documenting my condition, and former physicals from the Army showing me as being healthy. I have alwasy been in excellent physical condition, but my condition has deteriorated rapidly in the last few years, and now I am unable to pass the APFT (or even get close) and am starting to notice this during my everyday activities... My FEV1 percentage has dropped 20% in 8 years... (it was evaluated while I was still on active duty because of a case of Pnumonia). My physical profiles will end in AUG, and my MED COM Docs say that is when I will have to be processed for an MEB. I have looked at the various regs from the VA about my condition and it seems to indicate that I will recieve at the bare minimum 30% disability or maybe up to 100% depending on the Lung volume tests I am sure they will administer to me during the MEB. Am I eligilbe for medical retirement? I ahve heard three different yr totals as being the cut-off from 8 to 12 to 15. Wich one is correct? If I do recieve medical retirement what does that mean exactly? How is my pay calculated? will I have medical benefits, or will I have to use the VA? I have other conditions that I'm sure will result in some kind if disability from the VA, but have been told that the ARMY only looks at the one that causes you to be Medically unfit.... Will I collect both VA and Army retirement? The National Guard (at least in my state) doesn't have a lot of information for me.. Can you advise me?
MEB/Medical Retirement
- Thread starter RBKYLE
- Start date
Jason is very helpful and does a good job with answering posts. He recently posted a note letting the forum know that he will be away from the forum since he will be attending a formal hearing. However, other members also do well in providing assistance in areas that they are familiar.
This is what I have found,
ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE ARMED FORCES: Authorizes service credit for a minimum of six years and a maximum of 19 years when computing service for retirement or separation for physical disability severance pay. The disability must have been incurred in the line of duty in a combat zone or incurred during the performance of duty in combat-related operations. A member of a regular component shall be credited with the service that he is considered to have for the purpose of separation, discharge or retirement for length of service. The minimum service credit for members eligible for disability severance pay incurred other than in a combat zone or during the performance of duty in combat related operations is three years.
ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE ARMED FORCES: Authorizes service credit for a minimum of six years and a maximum of 19 years when computing service for retirement or separation for physical disability severance pay. The disability must have been incurred in the line of duty in a combat zone or incurred during the performance of duty in combat-related operations. A member of a regular component shall be credited with the service that he is considered to have for the purpose of separation, discharge or retirement for length of service. The minimum service credit for members eligible for disability severance pay incurred other than in a combat zone or during the performance of duty in combat related operations is three years.
Update from Supplydog 
: I still am getting the run around. I am not in my states (PA) Medical database showing me with four 4's on PULHES, I called Walter Reed and NGB and no one there had me in any database. I was told by the office doing my medical separation that the LOD's were returned for the 4th time from NGB and they needed all of my VA documentation of over 800 pages. The VA responded with all this documentaiton in less a week and I got a call from the folks doing my medical board who told me all the documentation had been input to NGB, the LOD's were signed by my command and the ball is rolling. What happens next? I am 100 VA S/C so do I still have a Fit for Duty Physical, do I have MEB, am I going straight to PEB and what can I expect severance. separation, and benefit wise (15 years active, 10 NG). Thank you and bless all of you for your help. My head would explode without your help.
: I still am getting the run around. I am not in my states (PA) Medical database showing me with four 4's on PULHES, I called Walter Reed and NGB and no one there had me in any database. I was told by the office doing my medical separation that the LOD's were returned for the 4th time from NGB and they needed all of my VA documentation of over 800 pages. The VA responded with all this documentaiton in less a week and I got a call from the folks doing my medical board who told me all the documentation had been input to NGB, the LOD's were signed by my command and the ball is rolling. What happens next? I am 100 VA S/C so do I still have a Fit for Duty Physical, do I have MEB, am I going straight to PEB and what can I expect severance. separation, and benefit wise (15 years active, 10 NG). Thank you and bless all of you for your help. My head would explode without your help.
Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Supplydog,
I am assuming you fail retention standards, you will still have to go to MEB (which provides much of the documentation used by PEB to adjudicate your case) and then to a PEB. As far as outcomes, it is hard to say, but it seems likely with a 100% schedular rating that you will get to a retirement finding. The issue will be if your conditions rated at the VA are found to be unfitting. If you were rated at 100% for IU or in receipt of SSDI, you would have a higher likelihood of getting to a retirement finding. Much will depend on the facts and documentation in your case.
Best of luck!
I am assuming you fail retention standards, you will still have to go to MEB (which provides much of the documentation used by PEB to adjudicate your case) and then to a PEB. As far as outcomes, it is hard to say, but it seems likely with a 100% schedular rating that you will get to a retirement finding. The issue will be if your conditions rated at the VA are found to be unfitting. If you were rated at 100% for IU or in receipt of SSDI, you would have a higher likelihood of getting to a retirement finding. Much will depend on the facts and documentation in your case.
Best of luck!
Jason, Welcome Back!! I do fail retention standards...18 months ago the Brigade Surgeon recommended immediate separation. The unit dropped the ball on the LOD's that were mis-placed when we returned from Iraq. Is there anyway to determine length of time until this is complete? This is very difficult to handle every day. Thank you for the outstanding information and ray of hope you provide to all of us.
Another question. If the VA disapproved compensation for a condition and it is in the appreal process will the army consider the initial VA ruling, wait for the appeal ruling, make their own ruling or change it if I win the appeal? I was informed yesterday my case (LOD) is at the surgeon again for the second time. What happens after he is done with it?