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  1. JoelPettit

    WWD for service connection?

    In terms of the WWD process, that process is focused on an Airman's abiltiy to deploy as dictated, in the first instatnce, by DoDI 6030.03V2. Therefore, strictly speaking, it is not a forum for arguing LOD issues because they are irrelevant to a deployability analysis.
  2. JoelPettit

    WWD for service connection?

    @FloridaGuy I am quite confident that Jack Gately, Jason Perry and I have all argued and succeeded with these types of cases. When it comes to the any branch of the reserves, getting the PEB to adjudicate an LOD is quite rare - it sets a dangerous precedent to set, as any unit Commander can...
  3. JoelPettit

    Adsep while awaiting PEB findings

    @Blanketman Sadly, IDES and AdSeps are a dual-processing system, but only for certain level issues. SECNAV M-1850.1, Chapter 2, Paragraph 9. Because is it unwise for attorneys to give legal advice on these forums, it is hard to address your case. Please go speak to your PEB counsel, be they the...
  4. JoelPettit

    Can you receive a military retirement immediately after retiring as a DSG?

    @viper2152 @RonG is correct. The source document that can answer all your questions - even the ones you don't know you have yet - is DoD 7000.14-R, Financial Management Regulation, Volume 7B, Chapter 63 Regarding your immediate question, I'd look to Section 4, Paragraph 4.3.1. Hope this...
  5. JoelPettit

    Medically separated with 60% VA disability rating, should I have been retired?

    Your facts are a bit confusing, as the MEB doesn't have the power or the processes to separate Service members. The MEB is simply - for lack of a better term - a clearinghouse leading to the PEB. Did the PEB ever issue you findings of fit or unfit? Disclosure: I was a Marine JAG, Active Duty...
  6. JoelPettit

    Retire or IDES

    @SGM_R2024 @RonG is correct: @Provis will steer your right. Having been a JAG asked that question more times than I can count, I'll say this: there are scenarios at the extremes where there will be no difference in the amount of pay or taxes, assuming we add CRSC or combat-related PEB findings...
  7. JoelPettit

    ARNG MEB/PEB Question

    @BB2222 Just remember, once you ring that MEB bell, so to speak, it can't be un-rung. Unless you must do so, the benefits to prematurely pushing for an MEB are anything but clear based on VA percentages alone. Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney...
  8. JoelPettit

    PDRL - 32 years late? I need some forum feedback.

    @prbenoit There are a few issues that may impede your case from the outset. Feel free to DM me for a quick rundown. S/f, Joel Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a...
  9. JoelPettit

    NARSUM IMR to request to add potentially unfitting

    @MEBdiverz @MSG_Raven2-3 @Provis is right. Knowing the strategic use of the different mechanisms in the MEB process is key. If you are dead set on doing things yourself while waiting on government counsel, make sure you read up on your Service's IDES order. They don't give practical insight or...
  10. JoelPettit

    Can I submit a VARR that I wrote on my own?

    @CVN Soldier Returns Yes: submitting VARRs to a PEBLO is the correct procedure. I would, however, echo what @Provis is saying. There are many best practices and nuances to VARRs that can make or break them. Having a good JAG or civilian attorney conduct a once over to ensure there aren't any...
  11. JoelPettit

    ETS and receivedVA rating for condition. Commissioned and am now being referred to MEB for that condition.

    @Hizarlow That's the 8-year rule. When all 8 years are on active duty, the rule's application is straight forward. When there is broken service, however, a simplistic application can lead to clients and counsel overlooking fairly obvious LOD issues. Unfortunately, I cannot go into more detail...
  12. JoelPettit

    VA Rating Prior to PEB

    @ericaagosto Your best option is to consult a Military Services Coordinator (MSC) on base. He or she works for the VA and can tell you exactly the risk you run. Generally speaking, concerning the IDES, the VA 21-0819 is the DoD REFERRAL TO INTEGRATED DISABILITY EVALUATION SYSTEM (IDES) is what...
  13. JoelPettit

    ETS and receivedVA rating for condition. Commissioned and am now being referred to MEB for that condition.

    @Hizarlow @Provis AR 635-40, ¶ 5-17a., "Other matters related to pre-existing disability": Soldiers who entered the Service with a medical waiver for a pre-existing condition and who are subsequently determined unfit for the condition will not be entitled to disability separation or retired pay...
  14. JoelPettit

    P3 profile question

    @chosin132 @Provis is correct. There isn't really a specific time when P3/P4 will or won't be added. Sadly, the FPEB route is typically the way Solidiers do it. For some info on the two mechanisms by which to raise the issue to show the MEB, IPEB and FPEB that you've been trying from the very...
  15. JoelPettit

    Trying to find the retention standards for the Navy on here

    Sadly, it's not a simple answer. Most Services have a manual or instruction indicating that it is the source of medical readiness standards, but they often reference 3-5 other sources. The Navy is no different. Big picture, start at DoDI 6130.03 V1 and V2. Then read DoDI 1332.45, regarding...
  16. JoelPettit

    Trying to find the retention standards for the Navy on here

    @SanDiego2009 That's an extremely broad question. Generally, that question concerns medical retention standards. Is that what you mean?
  17. JoelPettit

    What do to about my PCM

    @AsthmaSucks Although your PCM has a ton of sway, she will be forced to refer you into the IDES once you've been non-deployable for 12 months or greater. Doctors aren't forced to refer you if they see a path to you being deployable within those 12 months. Whether that belief is supported by...
  18. JoelPettit

    DA Form 7652 help required

    @Uppermostofmymind That is not supposed to happen. You are essentially holding the goose that laid the golden egg.
  19. JoelPettit

    CRSC denial and reapplication

    @chaplaincharlie and @RetiredColonel-MikeT are correct. What most Service members don't know - and it's not printed anywhere - is that a discrete event is the key. Exposure issues don't fall within this rubric, however. All other conditions, sadly, do. Moreover, be careful not to mistake...
  20. JoelPettit

    6 TBIS AND COGNITIVE DAMAGE.

    @AceofSpaced Full disclosure: I was a Marine JAG (Deputy SJA for Camp Lejeune), Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. What Service are you in? I ask...
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