My Final MEB on LAS

lastlaugh

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I wanted to keep the members here updated on my LAS status as it seems I am the only one here who got approved.

I was medically retired, but granted Limited Assignment Status in November of 2016 (at 17yrs 9 months TIS) . I have since been doing my job, as normal. I'm currently at 19yrs and 5 months TIS, and was just notified that they are initiating my final MEB. The LAS program states that I am required to go thru a full MEB prior to retiring, and AFPC reiterated that when they denied my retirement request recently. I'm a little worried that the board will conclude before I hit my 20yr mark (28 Oct). My PEBLO has told me the purpose is absolutely not to prevent me from hitting my 20, but to "finalize my DOD rating". I, of course, don't trust that at all and fully intend to delay as much as possible. I currently have 15 days of leave, and still am entitled to house hunting and 20 days of out-processing, so that should buy me some time also.

I'll do my best to keep my timeline updated to better inform everyone here.
 
I think your okay. You were basically selectively continued to 20.



"Most things are not worthy of our worry or our anxiety"
 
If you are medically retired and get an LAS approved and are over 50% VA do you still get your CDRP? 50% base pay AND VA disability?
 
If you are medically retired and get an LAS approved and are over 50% VA do you still get your CDRP? 50% base pay AND VA disability?
Limited Assignment Status is the mechanism that would possibility allow you to complete your 20 years active duty. An individual on LAS is not medically retired at the time they are placed on LAS as implied by one of the preceding posts. LAS is active duty.

If upon attainment of 20 years AD, you received a medical retirement, you would qualify for CRDP if you are rated by the VA 50% or more and agree to receive VA compensation in lieu of retired pay (in other words waive retired pay dollar for dollar in the amount of VA comp received). You would qualify under this rule:

"You are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay [which includes the age requirement for reservists].

Your CRDP could not exceed the dollar amount of the longevity portion of your retired pay AND any residual retired pay left after the waiver would reduce the amount of CRDP payable.

-----

From an AF publication:

Limited Assignment Status (LAS).
If the member has 15 or more years service and is motivated to remain on active duty, even though found unfit by the PEB, he/she may apply for consideration under the LAS program. DoD and Air Force directives provide for the retention of certain members who, although found physically unfit by a PEB, are willing and able to effectively continue on active duty with appropriate assignment limitations.
Such members may be retained on active duty in LAS. This program is intended for
members having between 15 and 20 years service, and allows the Air Force to salvage
needed experience and skills. Eligible members may be retained if they meet all
of thefollowing requirements:

a. Have applied for LAS.
b. Have a stable unfitting condition or one that is deteriorating at a slow rate.
c. Can be maintained in the military environment without adversely affecting themselves or their co-workers.
d. Will not require inordinate medical care.
e. Have expertise in a specialty that the Air Force needs.

Retention in LAS is directly dependent on the nature and degree of physical limitation, the
years of service completed, and the needs of the Air Force.


Ron
 
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Cool thanks i think that's my 2 options. Is to appeal all the way to SECAF and then apply for LAS to try and get my 2 years. What is the time limit for applying to LAS can I apply if SECAF turns down appeal or do i have to before?
 
If they have not yet officially submitted your MEB paperwork to the proper installation, it most likely will never be completed in less than 7 months. My full MEB process took about 20 months from the time the packet was submitted to the proper installment to when a decision of medical retirement was made. They get very behind and are backed up. So, unless there is a regulation which states that 20 year retirement can be held up due to a current MEB evaluation that is yet to be completed, I just don't see it happening. I am not sure why they are actually trying to Med Board and retire you, is there a reason? Is your command unhappy with you, or hold resentment because of your medical conditions. On a good note I suppose, the Med Board will help you with the V.A. disability process and evaluation, if you have not already begun that process. If you haven't, I will get started on it asap. You need to make sure that you have all your LOD's and that your condition is coded properly for what you are diagnosed for. For example, I have seen Soldiers originally diagnosed with PTSD and when their condition was coded and their LOD updated or completed, they were coded with a personality disorder, which completely different from a PTSD diagnosis and a personality or conversion disorder can even be used negatively against a Soldier. Let me know if you started your V.A. process and my other questions.
 
Commander claims we need to keep deployable force and I can't do most components of my job. As a crew chief thats correct but I am manager in the helicopter phase dock based on my rank and skill not disability. I got referred for MEB only cause i had PT exemptions. And stupid cause in my 18 years i have never seen or heard of a phase dock section deploying. I think it will help my case cause my back problems started in 2007, started to get worse 2011. But i have deployed in 2009, 2010 and for 305 days in 2013. So i can say I was deployed with the same issues and it want a problem. The inly info i have is my PCM fimished my Narsum june 18 and my commander sent me his letter to sign in jan 25. So i think i am in beginning stages. So frustrating, give them 19 years, wear amd rear on your body amd throw you to the damn curb when they want to meb you to save them money
 
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It is most likely in the beggining stages then, however I would be proactive in finding out more information. Use the web, and find out the Military posts that process MEB's, maybe for your region or area. Your CO's explanation on what stage it is at and the process of your MEB sounds like it will most likely not be the most educated and helpful advice you can get. All you need to do is call the posts as I explained earlier, and when you speak to the MEB liaison office at each post, simply see if they have any records or information for your based on name and social But, definitely don't volunteer too much information to them, be careful. As far as your injuries, mine were similar. I began with not being able to take a PT test for over 6 months due to 4 knee surgeries, Really, I should have been recommended for the MEB after the second surgery for the exact same issue. The installation's medical officer was a complete jerk, and an idiot to be honest with you. My knees never came up during the MEB process, but it did with V.A. disability. My MEB was for PTSD and a T.B.I., which was enough. I'll tell you though man, you definitely need to get moving on ensuring that your injuries have LOD's for them. The process can start with civilian treatment and recommendations, then the Military reviews and moves in, but civilian doctors can expedite the process and help. You should immediately set up an appointment with the V.A. and get starting on your health issues and service connected disabilities, if that applies to you and it sounds like it does. Remember, come 20 year retirement or MEB your income will be reduced. The V.A. can take 2 years or more sometimes for the evaluation and approval process. You want to start it now, so you can get everything straightened out with the V.A. and your benefits as soon as possible.
On the issue of Soldiers in your unit being able to deploy, that is absolutely a concern of your CO. He wants his percentages high in regards to that. But, your unit can not mistreat you due to your medical conditions. Easier said than done, I get it. That is when regulations are your best friend. Find out the regulations surrounding your MEB with impending retirement. It will help you more than you know. Your CO is just being a jerk if he is stating he is doing this due to his Soldiers needing to be available for deployment. You retire in 7 months so you will be off his books than anyway, so it is some other reason. Or, maybe he is just an as and jealous of your impending 20 year retirement. Congrats and thank you BTW. You are your own best advocate, and that is what I always recommend research and military knowledge and education. Know your rights, trust me it will help. If all else fails, seek civilian legal advice. Don't waste your time with JAG, and the IG will most likely inform your commander or word will get around one way or another. I have seen it all too many times. You can seek legal advice for your situation if your research and knowledge doesn't provide you with the results your looking for. It will be relatively inexpensive for legal advice, unless you need to retain legal representation which it doesn't sound like you do. Just because your command is your command and "experienced" doesn't mean that they understand all regulations. They don't. They will use their rank and influence to handle this situation how they think the regulations state it should be handled, or how they want. Either way, your best interest and your future sounds to me like it only matters to you. And that bad leadership. Good luck to you brother. And seriously, research the regulations and you will find the answers you are looking for. Posts, blogs, and other information on the internet that are written by other Soldiers, their spouse, or their families can help a lot too. Almost every story and situation you can think of has happened to someone else, if they got screwed they probably wrote about it somewhere. Keep me posted and just focus on what you can control right now. But, you can control a lot and help yourself out for the future as well.
http://wct.army.mil/modules/soldier/s6-ides.html start there and move on with research from there. Once you begin your research, you will understand the IDES and MEB system and the process. It is not a quick or easy process to complete.
Lastly, I assume you haven't been contacted by your MEB liaison yet. That is a good sign for your case. Once you do hear from them, there are still more steps that need to be completed, and they play a huge role in the MEB process. Good luck again.
 
Hello folks. I'm back today with an update on whats going on in my case. I met with my PEBLO this morning and she gave me the AF 618 along with their narrative. They have completely removed the diagnosis that was present on my 2 previous MEBs and my LAS application. (lowering my DOD rating to 10 vs the 70% I was MEB, and granted LAS for).

My previous MEBs were for:
Cervical degenerative disk disease/Invertebrate disc syndrome status post surgery - 10%
Radiculopathy , Right upper extremity (dominate) - 40%
Radiculopathy , Left upper extremity (non-dominate) - 30%

Total DOD rating of 70% / Total VA rating of 90%


But, the new 618 removed radiculopathy altogether, and changed it to only :
- Cervical degenerative disc disease; post status anterior cervical disc fusion

Somehow, I have been miraculously cured!!

I was told by my PEBLO that this happens alot to people who are boarded after their 20 year mark. If you are medically retired, and already meet your 20 year requirement, you have a choice of taking your time (2.5% x years in service) or you can take your DOD rating percentage. Mine would have allowed me to take 70% of my base pay, BUT they suddenly reduced my rating by eliminating diagnosis that have existed for years. This has been one of the biggest problems for me, and is in my medical records repeatedly, since my spinal fusion. Does anyone else find this extremely shady?

I turned in my rebuttal letter today, but was told not to get my hopes up. I'll probably be appealing it at the Formal board later.

So now my family (Who is all on the east coast; I am at Lackland) is in a holding pattern waiting to see when to get off work for my retirement. I cant even plan it because they wont give me a date.
 
Hello folks. I'm back today with an update on whats going on in my case. I met with my PEBLO this morning and she gave me the AF 618 along with their narrative. They have completely removed the diagnosis that was present on my 2 previous MEBs and my LAS application. (lowering my DOD rating to 10 vs the 70% I was MEB, and granted LAS for).

My previous MEBs were for:
Cervical degenerative disk disease/Invertebrate disc syndrome status post surgery - 10%
Radiculopathy , Right upper extremity (dominate) - 40%
Radiculopathy , Left upper extremity (non-dominate) - 30%

Total DOD rating of 70% / Total VA rating of 90%


But, the new 618 removed radiculopathy altogether, and changed it to only :
- Cervical degenerative disc disease; post status anterior cervical disc fusion

Somehow, I have been miraculously cured!!

I was told by my PEBLO that this happens alot to people who are boarded after their 20 year mark. If you are medically retired, and already meet your 20 year requirement, you have a choice of taking your time (2.5% x years in service) or you can take your DOD rating percentage. Mine would have allowed me to take 70% of my base pay, BUT they suddenly reduced my rating by eliminating diagnosis that have existed for years. This has been one of the biggest problems for me, and is in my medical records repeatedly, since my spinal fusion. Does anyone else find this extremely shady?

I turned in my rebuttal letter today, but was told not to get my hopes up. I'll probably be appealing it at the Formal board later.

So now my family (Who is all on the east coast; I am at Lackland) is in a holding pattern waiting to see when to get off work for my retirement. I cant even plan it because they wont give me a date.
Did your VA Percentage change?
 
I'm still waiting on my new VA rating to come back.

My rebuttal fell on deaf ears tho. Some Col that hasnt seen patients in years has decided there is no longer anything wrong with me. My PCM is furious, and has spoke to him directly, and he still wont change the rating. I'll see what the formal board has to say. Still waiting on it......
 
This is a regular fight with the IPEB; not rating the radiculopathy. It is crazy given that the radiculopathy is more debilitating and directly connected to the DDD. Do you have counsel? Best wishes.
 
They will not allow me to retain (military) counsel until I get my ratings back from the formal board.

The more I look at this the more likely I am to get a civilian lawyer tho. The difference between 50% and 70% DOD is 800+ dollars a month. Well worth retaining a good attorney. Mr Perry, how is your caseload looking?
 
Contact Jason Perry on his other website. peblawyer.con
 
They will not allow me to retain (military) counsel until I get my ratings back from the formal board.

The more I look at this the more likely I am to get a civilian lawyer tho. The difference between 50% and 70% DOD is 800+ dollars a month. Well worth retaining a good attorney. Mr Perry, how is your caseload looking?

It's not though...

Here's the simple math...

If you end up with 50% VA disability and it's a thousand dollars a month (for simplicity), and you did 20 years (50%) and your high 3 is 2k (4k at 50%) a month (for simplicity), then your retirement pay with disability would be 3k a month after cdrp. 2k for retirement and 1k for disability.

However, let's say that you end up getting the 70% DOD with your 50% VA, THEN your retirement would be.... 3k a month after cdrp. 2800 a month (70% of 4k) and 200 VA disability (the math is actually done slightly different, but the outcome is the same).

In other words, no matter how you do the math you can't make more than what a regular longevity retirement with cdrp would provide... No way, no how, unless you decided that opting out of your VA disability is a good idea.
 
“In other words, no matter how you do the math you can't make more than what a regular longevity retirement with cdrp would provide... No way, no how, unless you decided that opting out of your VA disability is a good idea.”—Cubsfan

I did not check the math you used, BUT your statement is accurate.

A disability retiree who also meets the requirements for a regular retirement cannot receive more than the amount of the regular retirement would be (for longevity). This could be...

—CRDP
or
—residual retired pay (after waiver)
or
—residual retired pay + CRDP

CRSC follows a similar pattern (limitation).

Ron
 
I'm confused.

My last rating from VA was 93%, and Texas Vets, along with my VA counselor assure me it will be 100% this time around. I am beyond my 20 year mark tho, and qualify for concurrent receipt, so the VA percentage is not what I am referring to

However, everything I can find, and my PEBLO confirms this, is that service member who is MEDICALLY RETIRED after their 20 year mark, has a choice of accepting their service multiplier (2.5%x20 years = 50% of base pay) or their DOD disability percentage (mine was 70%) of their base pay.

Or, as explained on DFAS website:
"
Permanent Disability Retired List
If your disability is found to be permanent and is rated at 30 percent or greater, or you have 20 or more years of service, you will be placed on the Permanent Disability Retired List (PDRL).

Your retired pay will be computed using one of two methods.
  • Your disability percentage, referred to as Method A.
  • Your years of active service, referred to as Method B.
Your pay will be computed based on whichever method is more beneficial for you."

https://www.dfas.mil/retiredmilitary/disability/disability.html



Are we talking about the same things here?
 
I'm confused.

My last rating from VA was 93%, and Texas Vets, along with my VA counselor assure me it will be 100% this time around. I am beyond my 20 year mark tho, and qualify for concurrent receipt, so the VA percentage is not what I am referring to

However, everything I can find, and my PEBLO confirms this, is that service member who is MEDICALLY RETIRED after their 20 year mark, has a choice of accepting their service multiplier (2.5%x20 years = 50% of base pay) or their DOD disability percentage (mine was 70%) of their base pay.

Or, as explained on DFAS website:
"
Permanent Disability Retired List
If your disability is found to be permanent and is rated at 30 percent or greater, or you have 20 or more years of service, you will be placed on the Permanent Disability Retired List (PDRL).

Your retired pay will be computed using one of two methods.
  • Your disability percentage, referred to as Method A.
  • Your years of active service, referred to as Method B.
Your pay will be computed based on whichever method is more beneficial for you."

https://www.dfas.mil/retiredmilitary/disability/disability.html



Are we talking about the same things here?


Yes and if you choose your disability retirement you are going to make the same amount of money before taxes, while paying much more in taxes. It all has to do with cdrp.
 
They will not allow me to retain (military) counsel until I get my ratings back from the formal board.

The more I look at this the more likely I am to get a civilian lawyer tho. The difference between 50% and 70% DOD is 800+ dollars a month. Well worth retaining a good attorney. Mr Perry, how is your caseload looking?

2. OPTIONS FOLLOWING IPEB: Once briefed on the results of the IPEB by your PEBLO, you will be allotted 10 calendar days to sign an AF Form 1180 with the following options and have the right to confer with legal counsel to assist in your decision. The Office of Airman’s Counsel (OAC) can provide legal representation for you concerning your IPEB finding. Your PEBLO will present you with the OAC Representation Request (ORR) memo to make an election requesting legal counsel or not. After you have signed both the AF Form 1180 and ORR memo, (or if you choose not to sign one or both forms), your case file will be forwarded to the AFPC/DPFDD for review. Your case may be finalized or forwarded to the FPEB dependent on which of the below you choose:


a. You may agree with the findings and recommended disposition of the IPEB and waive the right to a FPEB hearing.


b. You may disagree with the findings and recommended disposition of the IPEB other than disability ratings determined by the VA and request a formal hearing of your case. If you request a FPEB hearing, you may not request a one-time VA reconsideration of disability ratings for the IPEB recommended unfitting conditions untilafter final determination of the findings and recommended disposition. (For Return to Duty Cases Only –justification must accompany your request for a formal hearing and your request may be disapproved.)


c. You may concur with the findings and recommended disposition of the IPEB and waive the right to a FPEB hearing, but (IDES only) request a one-time VA reconsideration of disability ratings for the IPEB recommended unfitting conditions. This reconsideration may only occur once final unfit determination is made. In other words, you must either concur with the unfit findings or exhaust the appeal process before the reconsideration request can be processed. The VA will only reconsider those conditions deemed unfitting by the PEB (Category I). All other disability ratings may be readdressed following your separation/retirement from active service. You must submit documentation in support of your request or reconsideration will not be given. Your PEBLO and MSC will assist you in preparing your reconsideration paperwork which will accompany the AF Form 1180. Your request will be forwarded to the DVARB for review. The IPEB will then review the rating board’s decision and provide a final recommendation.
 
“In other words, no matter how you do the math you can't make more than what a regular longevity retirement with cdrp would provide... No way, no how, unless you decided that opting out of your VA disability is a good idea.”—Cubsfan

I did not check the math you used, BUT your statement is accurate.

A disability retiree who also meets the requirements for a regular retirement cannot receive more than the amount of the regular retirement would be (for longevity). This could be...

—CRDP
or
—residual retired pay (after waiver)
or
—residual retired pay + CRDP

CRSC follows a similar pattern (limitation).

Ron


Ok, I just spent all morning in the MEB office, on the phone with DFAS, the VA, Finance here at Lackland, the legal office at Randolph, and the leadership there at the MEB section. All of them are saying this is not true. (I actually logged in on my phone, and handed them it to read your post.) They all said that I will absolutely get my full retirement (based on my disability rating or TIG, whichever is highest) AND my full VA pay. They all claimed there is no reduction of pay for CDRP AT ALL if you are beyond 20 years. The lawyer explained it best (to me anyways).

He said your comment is accurate, but not the way you think:

"A disability retiree who also meets the requirements for a regular retirement cannot receive more than the amount of the regular retirement would be (for longevity) "

This means that, regardless of your DOD rating, you cannot draw more than someone who did a full 30 year career (75% of base pay). SO, if your DOD rating was, say, 100%, you could only draw 75% of your base pay due to the fact that the DOD doesnt pay ANYONE higher than 75% of their base pay. He said this has nothing to do with VA at all, and is irrelevant to this case.


Please dont take this as disregarding your post. I absolutely am not, and thank you for your post. I am an Intel analyst by trade, and this is the way we get to the facts. If you can provide something in writing that contradicts what they are saying, please do so. I need all the help I can get to make a decision when the board results comes back.
 
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