Presumption of fitness question

[ChrisHosack]

Hello everyone,

So to the point, I submitted a retirement packet in Jan2020 and it was disapproved on 9Mar2020 (because I asked for 5 months off my DEROS). On 28May2020, my doc put me in for a MEB. Pause for COVID for a few months... I finally did all my VA exams. Everything sent back to the PEBLO. The MEB stage took 7 days. They found me with 2 conditions that failing retention standards. I, then, spoke the MEB lawyer, she I formed me that because I submitted a retirement packet there is about a 75 percent chance that I will be found presumed fit. I have read the laws/regs for presumption of fitness. Everything in there talks about pending retirements or approved retirements. Mine was denied. So I am not spending nor do I have an approved retirement. The lawyer said we should know something in about a month. Then we might have to appeal if found fit and roll the dice.

Based off the laws, I dont see how I can be presumed fit.

From everyone ones experience, I am screwed?

If I am found fit, I will drop my packet again. Will I have to do the VA stuff all over again? The lawyer already said the the VA has made their decision on me. I am at 100%, unsure if its p&t or not.

Thanks

Chris

 

[eerf123]

what branch are you?

 

[ChrisHosack]

Thank you for responding. Army.

 

[eerf123]

I was in a similar situation and they found me fit. As soon as it came back I applied for regular retirement again And got approved.

 

[ChrisHosack]

I was in a similar situation and they found me fit. As soon as it came back I applied for regular retirement again And got approved.

Were you in the middle of your retirement? Like already had an approved date?

 

[eerf123]

No just like you, i applied and got denied initially due to an active duty service commitment. But when they sent me package through I think they could probably see that I applied and thats why they found me fit.

 

[ChrisHosack]

No just like you, i applied and got denied initially due to an active duty service commitment. But when they sent me package through I think they could probably see that I applied and thats why they found me fit.

Did you try to appeal the presumed fit decision?

 

[ChrisHosack]

No just like you, i applied and got denied initially due to an active duty service commitment. But when they sent me package through I think they could probably see that I applied and thats why they found me fit.

When you did retire, did you have to do all the va exams again or did the va just go off what was already done?

 

[usmc2651usa73a]

Unfortunately, I have seen this happen a few times. We had a 18Z SGM that was found fit with a bunch of perm2 profiles basically saying he could not do anything. He had 28 years in and the only thing we could figure out was that was the reason. He ended up retiring 100% VA. He did not have to redo exams with the VA.

 

[ChrisHosack]

Unfortunately, I have seen this happen a few times. We had a 18Z SGM that was found fit with a bunch of perm2 profiles basically saying he could not do anything. He had 28 years in and the only thing we could figure out was that was the reason. He ended up retiring 100% VA. He did not have to redo exams with the VA.

Thank you. The va was a kinda pain... I really just didn't want to do them again. The MEB lawyer said the VA has already rated me at 100%.

 

[eerf123]

Did you try to appeal the presumed fit decision?

I’m Air Force and got found fit at the IRILO level, so I never went to the full MEB. They have me scheduled for another RILO this March but I will already be on terminal leave by then..