What is the 8 year rule ?

N

Niland

PEB Forum Regular Member
PEB Forum Veteran
I’ve been going through some of post on here and I keep seeing references to the 8 year rule. Can anyone give me a rundown of what the 8 year rule is or where I can find info on it ?


THANK YOU
 
<H2 style="MARGIN: auto 0in">§10 U.S.C. 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty. (b) A member described in subsection (a) is a member with at least eight years of active service. </H2>The way it has been explained to me is if you are an active duty member and you have been over 8 years and a medical condition you had when you came in gets aggravated because of being in the military it would be considered ILOD, In the Line of Duty. If you are a reservists they add up your points and then divide the total to get how many years they equal, if 8 years or more this qualifies.
Now, I am well over 8 years and some of my LOD's have come back as EPTS and when I asked about the 8 year rule I was told that the local Command can't make that determination and it would have to be decided at the PEB level.
You should be able to GOOGLE the 8 Year Rule and get the instruction for your service. The instruction is probably on this site as well.
 
If an condition is EPTS but service aggravated it would be compensable regardless of the time served.

If a condition is EPTS and was not service aggravated, and the individual is on active duty with at least eight years of active duty, then the condition would be compensable.

Mike
 
I will pass that along to the one that explained it to me. Thanks for the clarification.
 
Thanks for the info .. I am asking because I have a Heart condition Air force found it in 03 I came in to the military in 02 . I have 9 years in now and had to have a mechanical mitral valve put in . Just trying to see where I stand ..
 
That's 8 years of active duty in any combination. Make sure your AF 348 (LOD) is marked "EPTS-Service aggravated" if they did one on you already.
 
When would they do a AF 348 . I've been going to VA med Apt all week and haven't heard of the AF 348 ..
 
Down load AFI-2910...a line of duty determination is required. That is where the "eight year" rule comes in. If they do an MEB on you, you will need that.
 
I'm hearing this was changed recently - to basically do away with it - anyone else hear of this?
 
From this thread, we know when an EPTS condition rates comepensation or not. I want to know how it applies to the PEB.

If the condition existed prior to service (EPTS) and the service member has served 10 active years, is the Board able to say, "You are Fit because you haven't committed homicide, suicide, or been kicked out even with your permanent TBI"?
 
8 year rule applies yes if u have 8 yrs combined AD service, but you have to currently be on active duty at the time u r going thru the board (AD/AGR/other orders), not be in TPU/drill status as RC member.
 
@Scaryguy, no definitive answer for your question. Would be based solely on your current condition, how u r able to do your MOS/AFSC etc, and performance feedback from ur commander etc., have had history of missing alot of work, or ER visits, hospitalizations, duty limiting profiles or LIMDUs, etc, etc.
 
slipmedic56 said:
but you have to currently be on active duty at the time u r going thru the board (AD/AGR/other orders), not be in TPU/drill status as RC member.
Click to expand...

This issue is a bit more complicated than that...the time frame relevant is whether the member had the condition while on orders of 30 days or more; it is common for folks to be terminated from orders, not be on orders, or otherwise being later referred to the PEB AFTER their being eligible for the protections of the EIGHT YEAR RULE....what you suggest is an "easy/straightforward" way to qualify for EIGHT YEAR RULE protections....however, that is not the only circumstance where it would apply.
 
Jason Perry said:
This issue is a bit more complicated than that...the time frame relevant is whether the member had the condition while on orders of 30 days or more; it is common for folks to be terminated from orders, not be on orders, or otherwise being later referred to the PEB AFTER their being eligible for the protections of the EIGHT YEAR RULE....what you suggest is an "easy/straightforward" way to qualify for EIGHT YEAR RULE protections....however, that is not the only circumstance where it would apply.
Click to expand...

Yes there are some variables, however the 8 year rule applies only as pertains to EPTS conditions..
 
All,

Would a combination of Active and Reserve time add up for the "8 years rule"
For example, 5 years active, 3+ years Reserve/Guard ?
 
Buddha01 said:
All,

Would a combination of Active and Reserve time add up for the "8 years rule"
For example, 5 years active, 3+ years Reserve/Guard ?
Click to expand...

Yes, a combination of active duty and reserve time are eligible for the eight year rule. Do you have a condition that the DoD considers EPTS (existed to prior service)?
 
Combined active federal service must equal 8 years or more.
 
When using the eight year rule, when do they stop counting toward your active service? Say for example you start the MEB/PEB process with seven years in, they look at your file and determine your ratings by the time you have 7 years 9 months, but your retirement date is past your eight year TIS mark. Do they use the number from when the process starts? When they determine percentages? Or your separation date?
 
Does anyone have an answer for QuebecBravo? I am curious to what the answer is. I was referred to the MEB 2 days after signing into my current unit. At that time I had 7 1/2 years and I will have 8 years in December. I have conditions that were aggravated while in Service, however my ratings will more than likely come back right before my 8 year mark. How may they consider those conditions in relation the the 8 year mark?
 
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