Reversal of retirement orders to, Medical seperation...

21BMATTY

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Well, compiled all pertinent documentation, and sent it off to the Army corrections board today.... sit and wait now. No pain, no gain....
 

Warrior644

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Well, compiled all pertinent documentation, and sent it off to the Army corrections board today.... sit and wait now. No pain, no gain....
Good deal; it's only a matter of time at this point! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

Ed Mercanti

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The letter is a memorandum for "SSG Michael Matty (me)From the department of the army, headquarters 81st Regional Support Command Fort Jackson SC. Subject: Notification of unfitness for retention. Word for word it reads. 1)As a result of your medical evaluation, you are medically disqualified for continued service in the US Army reserves under provision AR 40-501 chapter 3. Reason for your medical disqualification are providded by the 81st RSC Surgeons office.
2)Soldiers with permanent 3 and 4 are managed by the Health services branch ...BLAH....BLAH..... BLAH...... If you elect to have a board (which i did) you have 30 days to provide all required documentation (which i did).

NOW, this is where the 81st RSC staff convinced me to NOT go the way of the board, because it could and probably would be a HUGE INCONVENIENCE to me, and could and probably would take years to settle up...
After this is all said and done, i find out that it would not be inconvenient, and they would have just had to send my packet up to the PEB board for review....I never had a PEB or MEB, because i suppose it was cut off at the surgeons office at RSC level...
So what were the stated reason(s) for medical disqualification??
 

21BMATTY

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At first, Chronic PTSD (with accompanying LOD), Lower back issues, later, sleep apnea and presently working on excima claim....
 

Ed Mercanti

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Normally they have an endorsement from the ARCOM Surgeon what says "Medically disqualified UP AR 40-501, paragraph 3-__."
 

21BMATTY

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Well, Army board of corrections has received all my paperwork, and i suppose this is where the wait begins......
 

Sgt. JAMES GALLAGHER

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Well, Army board of corrections has received all my paperwork, and i suppose this is where the wait begins......
I am going through the same thing as you my paper work was turned I forgot how many time over the year and half .. Just hang in there !!!
 

Ed Mercanti

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If you have a LOD for the stated condition(s) for which you were found medically disqualified, you have a good shot at the ABCMR. If not, you don't.
 

Qwiksting

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I was in a somewhat same situation, I filed to the ABCMR, they in turn said what the army (NG) did was wrong. I just was re instated to the NG after being out for over eight years. I had to extend to have enough time to go through the MEB process. I only had 18.5 years in at the time of separation. I recieved an LES in august that said I was over 26 yrs. Dont worry, if you have the LOD,documentation, rating from VA for condition, I suspect you will be ok. Ed was instermental in helping me gather documents to send to the board. I did not have an LOD at the time of the board action, However, I have an LOD now that was dated at the time of the incident 4 apr 2004. It was approved in line of duty. I suspect you will be good to go. It took about 10 months from the time I filed to the decision from the ABCMR. The descision read that I will be owed disability and or back pay and allowances from original discharge date (May 06) if found disabled. I have a rating of 70% ptsd related to combat in Iraq.

It did say that I was not afforded due process for meb/peb.
 

grizz13

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At first, Chronic PTSD (with accompanying LOD), Lower back issues, later, sleep apnea and presently working on excima claim....
My simple question is when did this whole thing kick off? If it was in the last 2 years they screwed you IMHO.
 

21BMATTY

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Like i said, i just feel like the pushed me into that decision. In hindsight, i think i should have been medically retired with a rating, VS. the longevity.... I have what i think is every piece of documentation i need, including the LOD.... and it is all at the ABCMR ...I was actually retired in 2010. Is it likely, or possible for them to actually reverse it to a "medical retirement"? I really don't know how this process works.
If you have a LOD for the stated condition(s) for which you were found medically disqualified, you have a good shot at the ABCMR. If not, you don't.
 

21BMATTY

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If you have a LOD for the stated condition(s) for which you were found medically disqualified, you have a good shot at the ABCMR. If not, you don't.
Let's say they do find in my favor, will they just "change" the orders to reflect the change, and will they retro any percentages?
 

Ed Mercanti

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Let's say they do find in my favor, will they just "change" the orders to reflect the change, and will they retro any percentages?
Lets start with the fact that the BCMRs can do about anything they want to do. They could just change your orders to change your YOS retirement to a medical retirement. But they don't like doing that (I used to do it but I was a senior team chief with a lot of disability experience). I once changed an undesirable discharge to a medical retirement, rated 70 percent disabled, retroactive to October 1973 (I wrote the case sometime in 2008). More than likely they will direct that you be given an MEB and PEB and that, if you are found physically unfit, that you be retroactively retired (from the date of your YOS retirement).
 

Qwiksting

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Ed is 1000% correct sir. It is as he says it is. I am a perfect example.
 

21BMATTY

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So, the PEB, and MEB process? Will i be going (physically) to these, or is it the packet of evidence i have sent in? This is where i originally was confused. From what i have read, the PEB decides the unfit or fit part, based on your packet, then the MEB sets the rating ... Is that the process? Like i said in an earlier post, they told me i would be sent possibly to texas, and wherever else they needed me to go...That is why i decided not to fight for it... I have a family to feed, and was trying to survive.... and did not think i would be able to take time to do this... Also, was rated PRIOR to all this by VA...
 

Warrior644

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So, the PEB, and MEB process? Will i be going (physically) to these, or is it the packet of evidence i have sent in? This is where i originally was confused. From what i have read, the PEB decides the unfit or fit part, based on your packet, then the MEB sets the rating ... Is that the process? Like i said in an earlier post, they told me i would be sent possibly to texas, and wherever else they needed me to go...That is why i decided not to fight for it... I have a family to feed, and was trying to survive.... and did not think i would be able to take time to do this... Also, was rated PRIOR to all this by VA...
From a procedural viewpoint and to aide with building your DoD IDES knowledgebase, the DoD IDES MEB/PEB process is explained in detail as follows:

After referral into the DoD IDES MEB/PEB process by your military PCM who initiated a permanent physical profile with PULHES of 3 or 4 in any one category, the Military Treatment Facility (MTF) who has approval authority for DoD IDES MEB referrals shall review the originally PCM-initiated permanent physical profile request.

Upon acceptance into the DoD IDES MEB/PEB process, during the MEB Phase is when all of your medical conditions are reviewed to determine which are "medically unacceptable" or "medically acceptable" conditions. The MTF will assign a PEBLO to develop the MEB case file for the MEB phase of the DoD IDES process.

To that extent, the MEB Physician is supposed to review all applicable medical condition(s) associated with a PULHES category of 3 or 4 in the AHLTA EMR database system, and then make an informed objective medical evidence determination to either maintain, down select, or upgrade the specific category code in the PULHES.

Upon approval by the DoD IDES MEB Physician(s) at the MTF of the PCM-initiated permanent physical profile referral, the MEB Physician shall either generate a new permanent physical profile with updated PULHES (most favorable course of action in my opinion) or transpose the PCM-initiated permanent physical profile with PULHES as written (least favorable course of action in my opinion).

In continuation of the DoD IDES MEB process, a Narrative Summary (NARSUM) is dictated after receipt of the DoVA C&P Examination results which outlines in detail all medically unacceptable and medically acceptable conditions.

It's unknown what type of C&P Exam clinician you will get on the day(s) of the evaluation. In my opinion, some DoVA C&P Examination clinicians are good-to-go while others seem not to care about the military service member.

With that said, you may receive good or bad results from either of the aforementioned type of DoVA C&P Exam clinicians; there are no guarantees. Depending on the type of C&P Exam, the clinician will just ask a lot of questions and/or perform a physical evaluation.

If the MEB determines that medically unacceptable conditions exist, then the IDES case file is forward to the PEB for a fit for duty or unfit for duty determination. The MEB phase has an officially published DoD timeline of 100 calendar days for Active Component (AC) military personnel and 140 calendar days for Reserve Component (RC) military personnel.

If the PEB determines any unfit medical conditions, then the IDES case file is forward to the DoVA D-RAS for ratings of all PEB referred unfitting conditions (e.g., DoD disability rating(s)) and all DoVA claimed conditions. It's important to note that DoD must adopt the DoVA D-RAS rating(s) for each PEB-referred unfitting condition(s).

Upon receipt of the IPEB findings inclusive of DoD and DoVA proposed ratings, the DA Form 199 (or similar Service specific document) is generated. The PEBLO has a three day maximum limit to inform you of the IPEB findings and your election options once he/she received your IPEB fitness determination and disability ratings. The PEB phase has an officially published DoD timeline of 120 calendar days for both AC and RC military personnel, but current timelines are well extended due to the backlog of DoVA disability claims.

When the DA Form 199 (or similar Service specific document) is finally signed [e.g. after resolution of a PEB appeal/review and/or an one-time VA Rating Reconsideration (VARR) request, if warranted], then it's forwarded to the Transition Point Processing System (TRANSPOC) II.

Moreover, TRANSPOC II performs transition processing functions in which it generates the DD Form 214 (Certificate of Release from Active Duty or Discharge) document, and schedules the generation of retirement/separation orders from US Military.

In conclusion, the DoD officially published timeline for AC military personnel within the DoD IDES MEB/PEB process is 295 calendar days, and RC military personnel is 305 calendar days . But, it's potentially delayed beyond the aforementioned durations due to the massive amounts of backlogged DoVA disability claims.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

Ed Mercanti

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PEB Forum Veteran
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How were your NCOERs? A problem you may run into is showing you were physically unfit. You completed your career, so there was no loss of a career to compensate you for. You'll need to show you were determined physically unfit (or were physically unfit by your evaluation reports) prior to your retirement in my opinion.
 

grizz13

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From a procedural viewpoint and to aide with building your DoD IDES knowledgebase, the DoD IDES MEB/PEB process is explained in detail as follows:

After referral into the DoD IDES MEB/PEB process by your military PCM who initiated a permanent physical profile with PULHES of 3 or 4 in any one category, the Military Treatment Facility (MTF) who has approval authority for DoD IDES MEB referrals shall review the originally PCM-initiated permanent physical profile request.

Upon acceptance into the DoD IDES MEB/PEB process, during the MEB Phase is when all of your medical conditions are reviewed to determine which are "medically unacceptable" or "medically acceptable" conditions. The MTF will assign a PEBLO to develop the MEB case file for the MEB phase of the DoD IDES process.

To that extent, the MEB Physician is supposed to review all applicable medical condition(s) associated with a PULHES category of 3 or 4 in the AHLTA EMR database system, and then make an informed objective medical evidence determination to either maintain, down select, or upgrade the specific category code in the PULHES.

Upon approval by the DoD IDES MEB Physician(s) at the MTF of the PCM-initiated permanent physical profile referral, the MEB Physician shall either generate a new permanent physical profile with updated PULHES (most favorable course of action in my opinion) or transpose the PCM-initiated permanent physical profile with PULHES as written (least favorable course of action in my opinion).

In continuation of the DoD IDES MEB process, a Narrative Summary (NARSUM) is dictated after receipt of the DoVA C&P Examination results which outlines in detail all medically unacceptable and medically acceptable conditions.

It's unknown what type of C&P Exam clinician you will get on the day(s) of the evaluation. In my opinion, some DoVA C&P Examination clinicians are good-to-go while others seem not to care about the military service member.

With that said, you may receive good or bad results from either of the aforementioned type of DoVA C&P Exam clinicians; there are no guarantees. Depending on the type of C&P Exam, the clinician will just ask a lot of questions and/or perform a physical evaluation.

If the MEB determines that medically unacceptable conditions exist, then the IDES case file is forward to the PEB for a fit for duty or unfit for duty determination. The MEB phase has an officially published DoD timeline of 100 calendar days for Active Component (AC) military personnel and 140 calendar days for Reserve Component (RC) military personnel.

If the PEB determines any unfit medical conditions, then the IDES case file is forward to the DoVA D-RAS for ratings of all PEB referred unfitting conditions (e.g., DoD disability rating(s)) and all DoVA claimed conditions. It's important to note that DoD must adopt the DoVA D-RAS rating(s) for each PEB-referred unfitting condition(s).

Upon receipt of the IPEB findings inclusive of DoD and DoVA proposed ratings, the DA Form 199 (or similar Service specific document) is generated. The PEBLO has a three day maximum limit to inform you of the IPEB findings and your election options once he/she received your IPEB fitness determination and disability ratings. The PEB phase has an officially published DoD timeline of 120 calendar days for both AC and RC military personnel, but current timelines are well extended due to the backlog of DoVA disability claims.

When the DA Form 199 (or similar Service specific document) is finally signed [e.g. after resolution of a PEB appeal/review and/or an one-time VA Rating Reconsideration (VARR) request, if warranted], then it's forwarded to the Transition Point Processing System (TRANSPOC) II.

Moreover, TRANSPOC II performs transition processing functions in which it generates the DD Form 214 (Certificate of Release from Active Duty or Discharge) document, and schedules the generation of retirement/separation orders from US Military.

In conclusion, the DoD officially published timeline for AC military personnel within the DoD IDES MEB/PEB process is 295 calendar days, and RC military personnel is 305 calendar days . But, it's potentially delayed beyond the aforementioned durations due to the massive amounts of backlogged DoVA disability claims.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
Warrior, they are already retired so IDES has nothing to do with them, they will have to do another type of process I think.
 

Warrior644

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Warrior, they are already retired so IDES has nothing to do with them, they will have to do another type of process I think.
Hmm, upon additional review; it seems to be indeed!

Well, to be human is to occasionally error & the lack of sleep doesn’t help. :(
 
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