Unsure if and where to start ANG

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navherc130

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I'm a traditional guardsman with 32 years (13yrs AD via points).

I failed a portion of an eye exam during a routine flight physical in 2018. The flight doc and optometrist back then did not really take any action on it at all and I was given a good physical . I deployed later in 2018. I failed exam again during my flight physical in 2019, 2020, 2021 (deployed again). Was still flying in Jan 2022. Feb 2022. New flight physical, new flight doc, new optomotrist. DNIF pending waiver, pushed to NGB. NGB push to Wright Pat ACS. Went to ACS. Now permanantly DNIF, no waiver possible.
Condition deemed congenital because AF can find no other cause. No LOD, no TBI.
I am 52 years old. I can collect retirement at 59 (deploy points). I am certain the unit will select to non-retain me because I am of no use now in my AFSC. What would anyone here advise as a recourse, if anything? Apply for a PSC? MEB? Current flight doc (who is full time BTW) is basically saying not to bother because it is congenital. I have started some VA process. Where does NGB fit in all this?
I really cannot afford to get out at this time. I need a "bridge" to get me to retirement ($$).
Contacted a lawyer to explain my situation and they said they could write a referral for me to enter the MEB after I pay a retainer of course. Can lawyer really do this? Refer me to an MEB? I spoke with my commander and he is willing to write whatever favorable for me to enter MEB process.
Is it possible to file for military disability pay and perhaps collect VA money concurrently until I reach 59 (CRDP)? If I jam up the system with MEB paper, I can't be kicked out until the process is closed so i can still drill for $$.
Hard for me to accept the "you're old, too bad, bye bye, get out" theory with no recourse. I am sure all the flying and pounding "service aggravated" my condition.
Thanks for any help.
 
I have never heard of a lawyer being able to put somebody into the MEB. That is reserved for military medical providers. Now, the lawyer could definitely harass the system until somebody throws their hands up in the air and says, "ok, fine, damn." But if it sounds too good to be true, with regard to what the lawyer can do for you, it probably is. Sounds like a load of nonsense to me.

Also, if you have enough points to retire, why not just retire? Put another way, what would happen if you did not have your problem with your eye, and tomorrow you decided that you had done enough time and you wanted to go do something else? You would just retire, with all of your time intact, and you would start collecting your pay at age 60 or whatever it is. So I'm not sure I understand the difference here.
 
navherc130 said:
No LOD
Click to expand...
This is going to be really difficult to overcome. For you to go through a duty related DES, you have to have a LOD for the condition you are being MEB'd for.

My gut reaction is you need to go see a specialist. You need some medical evidence that you can push back at NGB / USAF that shows this was not congenital. If you can get some doctor to show that even if this condition was Existed Prior To Service (EPTS), it was "aggravated by military service". If you can get this medical evidence prior to your separation it will help you greatly during your AFBCMR appeal.


navherc130 said:
What would anyone here advise as a recourse, if anything? Apply for a PSC? MEB? Current flight doc (who is full time BTW) is basically saying not to bother because it is congenital. I have started some VA process. Where does NGB fit in all this?
Click to expand...

You have 20 good years so you are going to retire one way or another. You could drop your paperwork and just retire and apply for VA benefits but I don't think your eye stuff will qualify unless you can get that medical evidence to link to service.

Being permanent DNIF, you most likely have been given a code 37 AF 469 profile. Getting this code will initiate a DAWG review and pre-IDES. If you don't act quickly on that evidence, it will be a non-duty related DES and will move pretty quickly. Please know that even with a non-duty related DES, it doesn't remove your qualification for traditional guard retirement.

NGB is the final approval authority for the LOD so you will be fighting them once the time comes IF you can get the medical evidence to appeal.

navherc130 said:
really cannot afford to get out at this time. I need a "bridge" to get me to retirement ($$).
Contacted a lawyer to explain my situation and they said they could write a referral for me to enter the MEB after I pay a retainer of course. Can lawyer really do this? Refer me to an MEB? I spoke with my commander and he is willing to write whatever favorable for me to enter MEB process.
Click to expand...

The VA disability money could be a "bridge" depending on what conditions you have. A lawyer referral to enter the MEB for you would be worthless. It won't change the underlying issue of not having a LOD for the condition you are on a DNIF profile for. Even then, the medical squadron and local commander are the only two entities that can push you into a MEB.

As great as it is to have the support of your commander, unless you figure out the LOD portion, you are going to be forced out regardless of what they say.

navherc130 said:
Is it possible to file for military disability pay and perhaps collect VA money concurrently until I reach 59 (CRDP)? If I jam up the system with MEB paper, I can't be kicked out until the process is closed so i can still drill for $$.
Hard for me to accept the "you're old, too bad, bye bye, get out" theory with no recourse. I am sure all the flying and pounding "service aggravated" my condition.
Thanks for any help.
Click to expand...

I think you are lacking on some knowledge of how pay looks for this situation. If you go through the MEB right now, with a hypothetical approved LOD, and you are rated above 30%, you would have to choose military retired pay OR VA pay. Only having 13 years of AD service, you don't qualify for CDRP. Most likely your VA pay would pay you more anyway so you would have to waive your military pay in lieu of VA pay.

You can try to appeal every level along the way but for a non-duty DES, it will move quick. Most likely 6 months or less.

Bottom line:
It sounds like your best course of action is to put in for retirement and apply for VA. When you reach retirement age, as long as you have a VA rating of 50% or greater, you will qualify for CDRP and can get both your mil retired pay and VA pay. If you go through the DES, even if approved, you won't qualify for it ever unless they change the law. VA money will most likely surpass the drill pay you were hoping for and it's tax free. There is the possibility of CRSC but you didn't give any information on combat related injuries so I don't know about that.

@RonG
 
Thank you for the replies. I did see a specialist at Wills Eye Hospital. He concluded the same thing. Congenital. Well, if it is congenital (bullcrap in my view) and my eye muscles were strong enough to "self-correct" as they claim, then it should be EPTS...I would think. I gave the VA examiner copies of the Wills report and the report from ACS Wright Pat (this report was presented to a board at Wright Pat who concluded permanent DNIF). It most likely would not be worth pursuing MEB with a favorable VA decision. I got through the Navy flight exam in Pensacola in the mid 90s , then all my flight exams until 2018. I was selected to retain this year, and next one does not come out until April or so 2023. Thanks for the clarification on pay, I really didn't understand the ins and outs. Maybe get back up with Wills Eye about EPTS.
 
Hello @navherc130

Re: “think you are lacking on some knowledge of how pay looks for this situation. If you go through the MEB right now, with a hypothetical approved LOD, and you are rated above 30%, you would have to choose military retired pay OR VA pay. Only having 13 years of AD service, you don't qualify for CDRP. Most likely your VA pay would pay you more anyway so you would have to waive your military pay in lieu of VA pay.“

“You can try to appeal every level along the way but for a non-duty DES, it will move quick. Most likely 6 months or less. “

“Bottom line:
It sounds like your best course of action is to put in for retirement and apply for VA. When you reach retirement age, as long as you have a VA rating of 50% or greater, you will qualify for CDRP and can get both your mil retired pay and VA pay. If you go through the DES, even if approved, you won't qualify for it ever unless they change the law. VA money will most likely surpass the drill pay you were hoping for and it's tax free. There is the possibility of CRSC but you didn't give any information on combat related injuries so I don't know about that.”

——
CH 61: Regardless of whether the VA or DoD is higher, highly recommend selecting to receive the VA compensation.
If the DoD is higher and you accept VA compensation, you would receive all the VA comp PLUS the net of DOD pay reduced by the amount of VA comp.

I have never seen one case where it was more advantageous to decline VA comp. Actually, it really is not a choice between VA comp and retired pay. For VA COMP, one must agree to wave retired pay in the amount of VA comp received. Any residual retired pay (remaining) is kept by the retiree.

Ron
 
Hello @navherc130 cc: @Guardguy11

Here is an explanation of what occurs in a chapter 61 retirement case when the retiree does not qualify for CRDP (i.e., having 20 good years and a 50% or more VA rating).

DFAS Retired Pay and VA Compensation for Chapter 61 Retirees with Less than 20 Years Active Duty <---LINK

If the retiree qualifies for CRDP upon reaching the age retirement, the restoration of waived retired pay involves the following formula:
Active duty equivalent (points/360) x 2.5% (2% in blended retirement program) = longevity multiplier
Average high three base pay x longevity multiplier = longevity portion of retired pay and maximum CRDP.

Also see:
Collection of CRSC information LINK <—-

Ron
 
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Did you ask your MDG to initiate a LOD? If not I would push for LOD initiation. I wouldn't accept the doc just saying it is congenital. If that is their stance then they need to initiate a LOD and state that on a 348. If that is their finding then they also have to provide you with the evidence used to make that determination so that you can appeal it. LOD initiation refusal is widespread in the guard. I have been fighting with the guard for the last three years on these issues. If I can help in any way just let me know.
 
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