NG Federal Technician in MEB...rights to Federal re-employment after med separation?

G

Guitarguru72

PEB Forum Regular Member
Hi all. I know it's probably been covered, but I'm lost in the jungle of acronyms, medical terminology, etc...

I'm a NG dual-status technician w/ 11 years service, 4 in tech status. Was injured during deployment, have LOD, over a year in active duty WTB(still there), now in phase 2 of MEB, no NARSUM/rating yet. If I'm medically separated, are there any rights to federal re-employment/transfer to another department by law? I haven't gotten a straight answer from AW2 or ACAP(I don't think they understand "dual-status"). Should I be dealing directly with the state HRO? Do I have the right to back out of the process if I am rated low, and cannot afford to lose the job at that rating?

Thanks for any replies!
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

Greetings GitarGuru, your process thru the DES (Disability Evaluation System) most be completed before your State HRO can do anything concerning your technican job. Please be advised that even if you are still found fit for duty by MEB, IPEB or FPEB, NGB/SG can still come back and medically disqualify you for not being WWD qualified. Once you have a final determination saying you are not retained due to medical upon your discharge, your State HRO will issue you a 30 day notice to start your technican separation. Now the good news is that their is a law that will help you get your technican retirement due to your medical disacharge thru OPM. If you are under FERS all you need is to be a permanent full time with 2 years as a technican to qualify in addition to your NGB 22 or 214 stating Medical Discharge or Medical Disqualification. Your State TAG has also the authority to convert title 32 technician position to Title 5 Civil Service if the injury is classified as combat related. Good Luck, Chief JR (PS Yes I was a Director of Personnel)
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

chiefjr,

Just wanted to thank you for the post. This type of help is what this site is all about and you, given your experience, are in a better place to answer than almost anyone (certainly more than I; I could have ventured an answer, but it would have sent me to the regulations to try to find the answer). Because of your knowledge, you were able to respond faster. That is fantastic.

My point is to thank you, but also to point out that the true power of this site lies in leveraging the knowledge of those who have direct experience. It is a "combat multiplier." As we grow, it is important that those with knowledge share it.
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

Thank you Jason for giving us the opportunity thru this site in helping our service members. This site is a true tool
in spreading the knowledge and assisting our medically needed troops. As a hardcore advocate of disable service members, I am more then happy to share my experiences and advise to all our members, VR Chief jr
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

Chief Jr-GREAT Information. Please tell me how I can get in touch with you. Perhaps you can provide guidance. My husband did 10 years active duty USAF followed by 19 years ANG. He was a dual status technician-found not to be WWD in July 2007 due to cancer-we fought for a LOD and after 2 years, got it. He was NOT diagnosed while on orders but has a LOD Yes and is going through a MEB/PEB now-lots and lots of snags to date. It is at the PEB now but they want more information-it is not a normal, usual case. During the LOD appeal process, he applied for OPM disability and got it. He also got VA 100 % P&T and SSD. Because his OPM years of service and SSD exceed the OPM disability calculation (60%/40%), his OPM retirement is based on length of service, not the disability calculation. This includes 10 years military time he bought back. He has a 20 year letter and qualifies for retirement at age 60 as a MSGT with 28 years service. The calculation for the MEB/PEB is 12 years ACTIVE Duty; 15 years Guard. Here are my questions-which no one can answer. The unit states states that he will only be given the choice of severance OR ISLERS (retirement at 60) and the only advantage to going through a PEB rather than WWD process is you can get VA faster-which we already have. I thought if you were rated over 30% you get an immediate retirement , which you can waive to accept the VA. My huspand entered service in 1974 so a disability retirement for him should be tax free. I am hoping for a 100 % permanent rating-which would result in more than the VA amount. If that is the case, I think he would get the difference from DOD. BUT, would he then lose the 10 years military time in the OPM calculation? Maybe it is better to take the Guard retirement at age 60 for that reason?? I can't find anyone who can help with calculations for ANG disability retirements through the DES. Are they different than regular active service calculations? I have looked at 10 USC chapter 71 and just can't figure this out and cannot get good information. Can you help with this or steer me towards someone who can. THANKS
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

Greetings Jandk your Civil Service info is on the money perfect ,on the active duty time calculation for Reserves and Guards it is done at ARPC for the Air side and its equivilent on the Army side. Now I was a bit in shock with the unit information since if your husband is going thru the DES process MEB/IPEB etc they will need to wait for the IPEB or PEB rating, if its 30% or more Serverance Pay nor ISLERS will NOT apply. I do caution that if he becomes 60 of age during the process IPEB can come back with a Presumption of Fitness and start his age 60 ret, since he will be retirement eligible at that time (Saw a case like this 6 months ago), I can be reached at email [email protected] if you want to expand this case. good luck, Chief jr
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

ChiefJR,

Thanks for the response and info! I know I'm jumping the gun a bit here, but in these times, you can never go wrong with researching your situation. I'll respond again in a month or so when my Narsum comes back. By the way, is there an acronym identifier on here? I don't know what WWD is..

Thanks much!
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

A pleasure in helping our finest, WWD is what NGB does when a condition is not in the line of duty or when the MEB/IPEB or FPEB finds you Fit for duty. NGB evaluates based on your Fitness for World Wide Duty (WWD), if the condition precudes you from deploying NGB will Medically Disqualify you and start your med separation based on this over riding MEB/IPEB" returning you back to duty " or if your command recommends you for a Limitation Code non mobility assignment (ANG) not sure what its called on the Army NG side, , Good Luck, Chief jr
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

Thanks Chief! I have been shuffling right through MEB appointments, and was immediately recommended to continue separation by the phase 2 doc. The injury is lumbar disc herniation l4/l5, l5/s1, with anular(sp?) tearing and DDD. I've read that the stability loss is a deal killer for medical retention, especially in heavy physical rated MOS', so after over a year of rehab/PT, I decided to finally cut my losses and start anew in something else.

" not sure what its called on the Army NG side"?...I think the Army side calls 'em "civilians". We have to be deployable to be retained, especially in combat-arms units.
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

I am new to the forum but not new to this confusing uphill process. I too am a dual status technician facing seperation for injuries (LOD). I have been given a smidge of good news that I wanted to share with you. Since we are techs there is this dandy little thing called 60/40. What it boils down to is since losing our military status makes us also lose our jobs we are granted 60% of our pay the first year and then 40% for the years following up until our retirement age hits at which time we balance back to closer to the 60% range. This came from state HR in charge of tech side of the house. When we get the "official" boot this will take affect. I aslo understand that this is very different from our VA benefits. The ratings may go hand in hand because they should use similar basis but the tech side is awarded on the basis of losing our JOB and the VA is a copensation for losing our BODIES/MINDS whatever the case may be according to how disabled or unemployable we have become. You can as I understand draw your 60/40 and also yuor VA $ they don't subtract from the other. I have also been told that if we can work we are allowed to make up to 80% of what our tech pay was without it affecting any other benefits we can work for anyone but the FEDS and this rings true. I don't know if this helps anyone but I hope it does. It sure made me feel better.
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

Not that familiar with ANG's dual status. But I was AFRes and fed civil service, not an ART, and from what I learned was , you cannot keep your civilian dual status job, but you "should" be able to transfer to another civil service job. Military still doing the "unfit" for military service conditions and VA "whole person" evals. Only thing that they have in common is the rating assigned to the med condition will come from the VA and not the lowballing DOD. Check on transferring your VA education POST 9-11 GI bIll to your DEERS dependents before you retire. Can't transfer after you;ve retired. Your dependents do not have to use what you transfer, you can still use it all.
 
NG Federal Technician in MEB...rights to Federal re-employment after med separati

Buffalo said:
Check on transferring your VA education POST 9-11 GI bIll to your DEERS dependents before you retire. Can't transfer after you;ve retired. Your dependents do not have to use what you transfer, you can still use it all.
Click to expand...

Just so you know, you must keep a portion for yourself in order to be eligible to tranfer dependents unused portions back to yourself...
 
Hello, I know this thread is old but I hope someone can still answer my question. I am a duel status technician with ARNG. I have 14 years of active and guard combined. 4 1/2 years on the tech side. I have a permanent profile for my back and a temp for PTSD. I receive 70% VA comp for my PTSD which was found to be duty related. I do not have an LOD for neither one. I was told I would be seeing the PEB soon. My question is if for some reason I am just medicaly separated from the Guard. I was told I wouldn't receive any benefits from the Army. And would I stil be able to receive my 60/40 from my technician job because I was medicaly separated? Any help would be great.

Thanks
Mwh1974
 
Mwh1974 said:
Hello, I know this thread is old but I hope someone can still answer my question. I am a duel status technician with ARNG. I have 14 years of active and guard combined. 4 1/2 years on the tech side. I have a permanent profile for my back and a temp for PTSD. I receive 70% VA comp for my PTSD which was found to be duty related. I do not have an LOD for neither one. I was told I would be seeing the PEB soon. My question is if for some reason I am just medicaly separated from the Guard. I was told I wouldn't receive any benefits from the Army. And would I stil be able to receive my 60/40 from my technician job because I was medicaly separated? Any help would be great.

Thanks
Mwh1974
Click to expand...

Just had a CSM go through this process PEB instead of MEB due to no LOD. Under FERS retirement you should get the 60/40. 18 mos of technician service is what is required to be vested.
 
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