Questions on IDES process - no current LOD

datroubl

New Member
Registered Member
I am in the Air Guard and I am a dual status technician. I did 5 years of active duty before joining the guard and ended up with 20% va disability for my shoulder. Our clinic kept trying to say maybe I needed to get out when I first joined the guard in 98 due to my va disability. Since I have been in, I have injured my shoulder a few times, once we started LOD paperwork but now looking back it does not seem like it was completed. Then when I was deployed to the Deid, I injured it again. Whiplash that had the backs of my hands go numb and couldn't turn my neck. I have paperwork in my med records for this appt but there are no Dr notes on it even though they prescribed medication (pain pill/flexeril/motrin) and I had made a note in my post deployment paperwork.

Since returning from this deployment my neck/shoulder pain has gotten a lot worse, I have nerve pain down my arm and in 2015 through my personal insurance had a disc replacement surgery for this. It helped for about a year but if I do hardly anything with my right arm I am in a lot of pain, my arm will swell up and it is bad. Due to being a technician I have just sucked it up. I had another issue come up and I have to go through the IDES process. We are going forward due to my shoulder but I do not have an LOD for either of these events. They have submitted paperwork for this, but i was told that even with the LOD they may go down the route of non duty disability due to having been cleared to work after these events.

I was originally hurt on active duty and it has gone downhill from there and the case of whiplash I believe has made it a lot worse. Is there anything I can do to try to keep it on the military side of the board vs non duty?
 

golfrnut

Well-Known Member
PEB Forum Veteran
Registered Member
Good luck to them trying to rate it “non duty related” when you have a VA disability rating for it already. This seems like a common theme on the guard/reserve side.
 

datroubl

New Member
Registered Member
If I can get rated at 30% then I could get the medical retirement but if they go non duty disability then I will just have to retire and wait until guard retirement kicks in later. I can still go through the VA but I would rather have access to Tri-care since I will not have a job for a while.
 

Padgettra

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
If I can get rated at 30% then I could get the medical retirement but if they go non duty disability then I will just have to retire and wait until guard retirement kicks in later. I can still go through the VA but I would rather have access to Tri-care since I will not have a job for a while.
Make sure you are keeping your HR in the informational loop. As a "dual status" technician remaining in the military is a condition of employment. If you loose your military status due to medical reasons (must be on your discharge order as medical) then you will also get a special disability retirement from the federal side. There are many rules involved depending on your years of service in FERS, so get with HR and make sure you understand the rules and entitlements. They should offer a retirement seminar or class so you can attend on company time and get educated on the details. We are a special bunch because both the military rules and civil service rules must be navigated. Best of luck.
 

datroubl

New Member
Registered Member
Well have to go to Medical this week, it looks like NGB is pushing this to Non Duty Disability because my LOD's were old and I have been cleared back to duty after them. it all stems from an active duty injury that has been made worse over the years. Then having the two LOD's from being hurt while on orders.

Is there a way to appeal this to continue trying for the IDES process?
 

FTP

PEB Forum Regular Member
Registered Member
Contact Jason Perry he is a lawyer and the founder of this site. He is very good and worth the money as I was in the guard also and a federal technician. I was offered 20% when I got injured from the DOD I hired Mr. Perry and now receive Tri-Care and a Technician disability retirement. Jason Perry is the best lawyer there is for this. He is hard to get a hold of because he is so busy so be persistent and don’t give up when contacting him it took me 3 tries before I got a call back but it was definitely worth it.

Law Office of Jason Perry LLC, - Physical Evaluation Board, Medical Evaluation Board, PEB, MEB, PDBR, Physical Disability Board of Review, attorney, Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard, JAG, lawyer
 
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