National Guard Medical Discharge

[Mr. Purder]

Good Afternoon All,
I am a first time poster on this. Really not sure where to place the question, so here goes:

I was a nurse in the IL Air National Guard, and received a (honorable) medical discharge in 2001 due to a failed bunionectomy. I was in a F-16 unit, and was considered "not worldwide deployable," which was the reason for the separation. I do have Active Duty time, but it was not while I was IN the Guard.

The events that occurred, as I can best recall, was this: After being put on profile, the Commander of the Medical unit (of which I was a member) requested my civilian medical records. He reviewed them, did a cursory physical exam on me, then made the determination that due to the above condition, I would receive a medical discharge. There was no Medical Evaluation Board done. Just a simple discharge. My total time in service was approx. 6 years active duty, and 6 years Guard/Reserves.

I have 2 questions:
1. Am I eligible to apply for VA C&P benefits?
2. Should I have received a PEB for the possibility of separation benefits from the national Guard?

 

[Jason Perry]

1. Am I eligible to apply for VA C&P benefits?

You are eligible to apply, sure. But would need to know more about your case and the nature of the injury to say whether you should be granted service connection. Was your condition incurred or aggravated while on orders or while performing military duty? Do you have a line of duty determination? If you are unsure, I would apply sooner rather than later as benefits are granted as of date of claim in cases like yours. If you wait, and you are entitled, you will just lose money.

2. Should I have received a PEB for the possibility of separation benefits from the national Guard?

Question is, like the preceding, whether your condition was incurred/service aggravated while you were on orders or performing duty? If so, then you should have had a PEB for determination of fitness and if unfit, for compensation. If not, then you may have still been entitled to a non-duty related PEB for determination of fitness only. Much depends on the facts of your case.

Another issue is whether you had total of 8 years service (both active and reserves points added up and then divided by 360). If so, there may be an issue with you being eligible for benefit of eight year rule if you were in right orders status when you had problems based on bunionectomy.

In order to pursue this issue, you would need to apply to AF Board for Correction of Military Records.

 

[tynabell]

If you are found unfit by a non- duty related DES. Are you then sent for a MEB for disability rating?

 

[Jason Perry]

No, generally, the case is returned to the reserve component for disposition (which is usually a separation without medical disability benefits). The MEB occurs before the PEB, but in non-duty related cases, it is usually an "abbreviated" MEB (I think this practice is illegal).

 

[tynabell]

If he has a Lod for one of the unfitting diagnosis, which he does, how can we get this changed to duty related?