Push for National Guard medical retirement? Over 20 years mil and title 32 technician

Ok, thanks, I'll start looking into attorneys.

I was thinking about waiting for my VA rating to come back, thinking that would be extra ammunition before I alert the base by putting that 100% rating on my PHAQ and for what.

Right now I'm getting by and I'm not transparent on my PHAQs.

The POC at my medical unit for the NG has me get a new note from my orthopedic for PT testing every year (since 2018) that's only good for three months "to avoid ARMO" as she says. I feel like if they looked closely at at all a MEB would follow. I pass the waist measurement and I'm not overweight so I blend in well enough hah.

I've had no referrals nor made any waves one way or another.
 
Thank you all for your responses, they are a wealth of information. For stuff I'm not crystal clear on I drop my question and the response into ChatGPT and ask it to break it down and explain it further for me, spelling out abbreviations and providing background information on the context. I'll try to help pay it back when I'm all said and done.
I've been helping a couple folks at work for the VA side of things with what I've learned in the past three months on that.
 
A few similar situations that might help.

1. Friend 1 - a dual status technician, O-4 and GS-12 with 13ish years and 18 in the NG. He found out he had diabetes. He decided not to pursue a medical board because the state decided NILOD. He got an early DoD NG retirement. He receives $2,600 a month from federal technician retirement. He's now 80% VA which is around $2,200 a month. So he's making $4,800 a month from pensions. He's about 4 years out from DoD reserve retirement. He now works as a state employee, was able to transfer 4 years and will receive another pension from the state. He'll make around $2,100 for reserve retirement and $1,000 as a state employee pension. So he'll go up to 7,900 a month. He'll pay for Tricare when he hits retirement age.

2. Friend 2 - a dual status technician, O-4 and GS-12 with 15ish years as a tech. Around 10 AD years with 20+ in the NG. He went through the med board. He got 75% DoD 100% VA, which, after the VA offset, is 2150+4,000 a month. He filed for and received CRSC to make up for his longevity pay, which is 1,200. (these 3: DoD, VA, and CRSC, are not taxed due to combat code during his med board). He also receives DoD technician retirement at $2,600 a month. So he's making 10,000k a month. He receives free Tricare as a medical retiree.

3. Friend 3 - was AGR O4 with 15 years AD. His retirement is the same as friend 2, but friend 3 was not a technician. His pension is around $7,600 combined, a month tax free. He's looking to file for SSDI because his back is in terrible shape do IED explosions in Afghanistan. He's receiving free Tricare as a medical retiree. He expects around $2,800 a month from SSDI.
 
TortolliniShell said:
A few similar situations that might help.

1. Friend 1 - a dual status technician, O-4 and GS-12 with 13ish years and 18 in the NG. He found out he had diabetes. He decided not to pursue a medical board because the state decided NILOD. He got an early DoD NG retirement. He receives $2,600 a month from federal technician retirement. He's now 80% VA which is around $2,200 a month. So he's making $4,800 a month from pensions. He's about 4 years out from DoD reserve retirement. He now works as a state employee, was able to transfer 4 years and will receive another pension from the state. He'll make around $2,100 for reserve retirement and $1,000 as a state employee pension. So he'll go up to 7,900 a month. He'll pay for Tricare when he hits retirement age.

2. Friend 2 - a dual status technician, O-4 and GS-12 with 15ish years as a tech. Around 10 AD years with 20+ in the NG. He went through the med board. He got 75% DoD 100% VA, which, after the VA offset, is 2150+4,000 a month. He filed for and received CRSC to make up for his longevity pay, which is 1,200. (these 3: DoD, VA, and CRSC, are not taxed due to combat code during his med board). He also receives DoD technician retirement at $2,600 a month. So he's making 10,000k a month. He receives free Tricare as a medical retiree.

3. Friend 3 - was AGR O4 with 15 years AD. His retirement is the same as friend 2, but friend 3 was not a technician. His pension is around $7,600 combined, a month tax free. He's looking to file for SSDI because his back is in terrible shape do IED explosions in Afghanistan. He's receiving free Tricare as a medical retiree. He expects around $2,800 a month from SSDI.
Click to expand...

*not 10,000k just 10k.

** due to explosions in Afghanistan.
 
With friend number 2, if he were not in combat he could apply the multiplier for longevity and collect the VA and retirement without the VA offset (CRDP) correct?

But I guess with the 75% he went with the DoD percentage rating, and then applied for the CRSC, so he could bypass the offset?

When it comes down to it, do you get to chose how the retirement is calculated? Some of my items would be considered combat, some not, but by the time this happens I'll have 23 years so CRDP would be the way to go.
 
PsyZek said:
With friend number 2, if he were not in combat he could apply the multiplier for longevity and collect the VA and retirement without the VA offset (CRDP) correct?

But I guess with the 75% he went with the DoD percentage rating, and then applied for the CRSC, so he could bypass the offset?

When it comes down to it, do you get to chose how the retirement is calculated? Some of my items would be considered combat, some not, but by the time this happens I'll have 23 years so CRDP would be the way to go.
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Yeah, He didn't qualify for CRDP, as he didn't have 20 years AD. I might have overstated his CRSC a bit, but it's supposed to help him get his pension to where he would be at, based on a AD retirement but with a reduced number of years (his was around 10 years, if I remember correctly).
 
Just thought about it. Here's another two example:

Coworker 1: was an AD E-8. He was medically retired at 16 years. 75% DoD and 100 VA. The DoD offset left him with 0 DoD retirement and 4,200 VA. He filed for CRSC and was given 2,200. His pension is $6,400 tax free.

Coworker 2: was AD Marine E7. Medically retired but the Marines allowed him to longevity retire and draw CRDP. He gets 2,300 - 50% of his high 36 and 4,200 VA. His pension is $6,500. He pays federal taxes on his DoD but has no state or FICA.
 
Update Since August

  • Attorney Hired:
    • I retained Jason as my attorney, but I’m still hoping to hear others’ perspectives and advice.
  • Finalized VA Ratings (as of January 9th):
    • 70% – Post-Traumatic Stress Disorder (PTSD)
    • 50% – Obstructive Sleep Apnea (OSA)
    • 50% – Migraines (Headaches)
    • 40% – Degenerative Arthritis of the Spine w/ IVDS & Spinal Stenosis
    • 30% – Bilateral Plantar Fasciitis
    • 20% – Diabetes Mellitus Type 2 (Impaired Fasting Glucose)
    • 10% – Left Lower Extremity Radiculopathy (Sciatic)
    • 10% – Right Lower Extremity Radiculopathy (Sciatic)
    • 10% – Tinnitus
    • 10% – Painful Scar (Left Hand)
    • 10% – Right Ankle Chronic Sprain
  • PT Test & Medical Profile:
    • Last full PT test was back in 2019, right before my L4/L5 fusion.
    • Since then, the Title 5 doctor advised me to get repeated 180-day notes.
    • My L5/S1 is now in worse condition. My current doctor won’t issue temporary expiring notes anymore, which triggered a meeting with the Readiness Officer and the Title 5 doctor.
  • Being Pushed Toward NDDES:
    • They insist on classifying my condition as non-duty-related, even though I had a slipped disc while on mobilization orders in 2019.
    • That incident led to ER visits, multiple ortho appointments, and ultimately a fusion.
    • The Title 5 doc says no LOD was done because I “didn’t ask her permission” for surgery (which I didn’t realize was required).
    • For reference the medical "group" is a handful of offices to push paperwork and draw blood, they do not treat people - not even sick hall
  • Concerns About NDDES vs. IDES:
    • NDDES: I wouldn’t get Tricare Reserve until around age 60?
    • IDES: Potentially provides immediate Tricare if deemed duty-related and rated high enough.
    • I’m worried I’m not getting a fair chance to prove it’s duty-related.
  • Questions:
    • At what stage in this process do I actually get a say or input?
    • Why is everything being labeled “non-duty-related” despite evidence I was on orders when the disc slipped and the VA service connected everything (I know there is a difference but damn)
    • It feels like the Title 5 doc just dismisses my case, ignoring my conditions and the timeline.
 
As a reminder:
  • 24 years of service between AD and ANG.
  • SMSgt
  • GS12 step 9 title 32 federal technician since 2007 and bought back five years of AD time
I'll lose my GS position but hoping I can roll into FERS Disability but I want to get Tricare Reserve immediately otherwise I'll have to pay out of my FERS to maintain BCBS health insurance or use ChampVA (no thanks). Some conditions are combat related but who knows if I'll get dicked out of any early medical military retirement pay. Jason has his work cut out for him helping me fight NGB.
 
  • Why is everything being labeled “non-duty-related” despite evidence I was on orders when the disc slipped and the VA service connected everything (I know there is a difference but damn)
It seems to sadly be a common theme in the Guard. I was in a extensive medical investigation related to IEDs/chemical. Big Army findings came back clear as day all service connected. Guard then tried to separate me via non-duty just before my 20. I contested it from the beginning and ended securing another LOD investigation which delayed everything till well after my retirement date.

Consider pushing for a PTSD LOD investigation. There is no time limit on filing mental health LODs. This could lock your case into being Duty Related and give you time to build your case for your back to be switched to duty as well.

Got to run to an appointment. I'll try to answer more questions later if others do not get to you first. You are on the right path. Keep fighting for what you already earned!
 
Thank you for the response. That's something I can ask Jason about. How do you contest the NDDES? They gave me a checklist (first part below) to initial and sign on drill that I'm waiting on Jason to review. Apparently they push me into NDDES if I sign it or not. The title 5 doctor just sat there with her arms crossed and a scowl on her face the whole time.


SUBJECT: Statement of Selection (SOS) to Separate, Retire, or Enter the Non-Duty Disability Evaluation
System (NDDES)

___I understand I have a medical condition, which is potentially disqualifying for worldwide duty
and an Assignment Availability Code (AAC) 37 has been directed by the Airmen Medical Readiness
___I understand I have the option to accept or appeal the medical disqualifying finding by
entering the NDDES for a fit for duty determination, in accordance with DoDI 1332.18.
make an enderson, ory case wel he elo, d he s32 12, plain Board (PE) iri refuse to
___I understand that if I elect NOT to enter the DES, my involuntary separation processing starts
on the date I acknowledge receipt of the letter and I should be separated within 60 days of this
dated notification.

OPTION 1
___I desire to enter the NDDES.
___I understand my condition has been determined non-Duty related and further consideration will
be for a Fit for Duty Determination only.
____I have been afforded the opportunity to discuss any LOD concerns with my local GMU POC
and/or LOD PM. I have also been provided contact information and an opportunity to discuss my
condition with the Air Force Office of Disability Counsel (210-565-0739 or
[email protected]).
____I understand IAW DAFI 36-2910: 1.6.8.4. Members have up to 180 days after completion of
their current duty status to report their medical conditions for a LOD determination, absent special
circumstances. (T-O). After 180 days have passed, the avenue for addressing previously unreported
illness, injury, or disease is through the Department of Veteran Affairs.
• Note: Special circumstances include latent onset conditions such as post-traumatic stress
disorder and other mental, behavioral, and neurodevelopmental conditions.
Note: Any claim for past entitlements, to include any potential LOD conditions not
identified to signing this form must be addressed to the Air Force Board for Correction of
Military Records (ABCMR). Policy and instructions on submitting AFBCMR requests can
be found in DAFT 36-2603, Air Force Board for Correction of Military Records.
 
It was 3 ish years ago for me. If I remember the Army Guard form was similar, but had a box to make a statement. I worte that I contest this and should be placed in DES for duty related conditions. I would first follow the guidance of your counsel, but short of that I would write in on the form that I disagree with these findings and request an investigation and placement in a Duty related DES process. I would also request the LOD offering in the form for mental health if it applies to you.
 
PsyZek said:
This is gold, thank you.
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A lot of the FERS retirement information in the link. Also, if the title 32 technician has more than 20 years of federal employment OPM disqualifies them the 60/40 disability retirement because at the 20 year mark a regular retirement has been earned instead.
 
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