Long story short I am Air National Guard. I found a active guard gig in 1996. Last year 2011 I came down with a illness which required me to have radiation therapy. I got a LOD for this illness. I was told if the radiation therapy didnt work I would have to have brain surgery. The people I was working for knew I was sick and cut my orders off anyway. I was told by them we know legally we cant cut you off orders. They went behind my back and did it anyway. My guard unit pleaded with them to not cut the orders off and said legally they were not suppose to. I got a call like on a Friday telling me my last day on orders was that Monday. Here I am wondering how I was going to pay for my radiation treatments. Luckly my unit was able to work fast for me to get incapacitation pay going. My radiation therapy did not work for me so I had to have brain surgery on 26 September 2011. Since the surgery I had Bells Palsy on the left side the same side I had the brain surgery, my hearing in the left ear is at a low level and I am severly unsteady walking, I have already tripped twice. I am now undergoing physical therapy three times a week for 10 weeks and my hearing is at a bad level the doctor said but not bad enough to have to wear a hearing aid. I constantly have someone with me when I get up to walk, I need assistance always. I cant drive, I cant cook or anything that would hurt me if I fell while doing it, I cant remember anything after the surgery, but I remember things prior to surgery. I have to write everything down and mid sentence I forget what I am saying all of the time. Soon it will be a year of me being on incap pay. I dont know what I should do. Should I retire now that I have twenty and then apply for disability at the VA or should I do a medical retirement and go before PEB/MEB. I will never be the same as before the trauma my brain suffered in the surgery, please assist me in pointing me in the right direction. Thanks.
Medical Retirement or Retire now I have my 20 then apply for disability
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Jason Perry
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Go before the MEB/PEB. There is no downside, and it sounds like you will qualify for Concurrent Disability and Retired Pay.
Are you getting full incap pay (all pay and allowances)? Did you have a break in time where you did not receive incap pay?
Apply now for VA benefits. If you are on on incap pay, you have Veterans status. If awarded, you may have an offset of incap pay, but it may be more money overall.
Apply for SSDI benefits if you have not.
Do all of this ASAP.
Are you getting full incap pay (all pay and allowances)? Did you have a break in time where you did not receive incap pay?
Apply now for VA benefits. If you are on on incap pay, you have Veterans status. If awarded, you may have an offset of incap pay, but it may be more money overall.
Apply for SSDI benefits if you have not.
Do all of this ASAP.
Yes I am receiving full pay and all the allowances. There was no break, I came off orders 25 April and the incap orders started 26 April. I ended up getting back pay for it because it took like 4 months for me to get it. I have 20 years Air National Guard and of those 20 ... 16 was of me doing the active guard thing. I went to the VA today and the guy told me that I couldnt apply because I was still in, he told me to come back when I go to the PEB/MEB board because if I tried to do it now VA would have a problem with it. Then I talked to him further and I said I will be back and he said that he wouldnt be there because he was just covering for someone and that was not even his department .... right then I knew I had to come back and talk to someone that acutally works in that department. I just dont want to do anything to make me have to pay money back to them. Also I was cut off orders because of RIF I was told. There were more people than me that were cut off orders so abruptly, but I have since seen them advertising for jobs in the same departments that they let 15 of us go. I received seperation pay, but I am going to submit a IG complaint for what they have done to me. I was thinking, just think I could have been in the desert and say I got my leg blown off they probably still would have cut my orders off and I would not have gotten physical therapy? I am highly upset about this. I just want to make sure I leave nothing undone. I want everything I am entitled to coming to me for my service. Thanks for your help and your ear.