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PestyMastermind

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Got notified last week that they're initiating an IRILO on me. Got my commander's comments back today, she didn't provide any comments at all, just selected the "retain" box. What message, if any, does that convey?

I will be able to apply for retirement on 1 July of this year. If the IRILO comes back and pushes to an MEB, can I apply for retirement since I'll be in the middle of that process?

Lastly, what are timelines like right now, with COVID having people teleworking, etc?
 
did They already put a code 37 on you? If so you will not be able to apply for retirement. If you apply for retirement and then they put a code 37 on you, it will freeze your pending retirement. If the case goes to the IPEB since you have an pending retirement you may fall under the presumption of fitness rule and be allowed to retire.
 
If they do recommend you for a full MEB you will be in a limbo status since no examinations are being scheduled cause of Covid.

which is good for you because you need to slow things down
 
eerf123 said:
did They already put a code 37 on you? If so you will not be able to apply for retirement. If you apply for retirement and then they put a code 37 on you, it will freeze your pending retirement. If the case goes to the IPEB since you have an pending retirement you may fall under the presumption of fitness rule and be allowed to retire.
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They have put the 37 on me. I'm not eligible to apply for retirement until 1 July, so at least for now, that's on hold. It looks like this was initiated because of one specific thing, however I do have other conditions that are potentially service disqualifying. Does AFPC look at JUST the condition that I was referred for, or will they look at the total package, so to speak?
 
just what’s on your narsum...did your pcm include the others as well?
 
eerf123 said:
just what’s on your narsum...did your pcm include the others as well?
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I haven't seen the narsum yet. I just signed the 1185 (on which the commander did not put any remarks whatsoever...does that send a message?). I'm not real sure what the next step is. I worry the following scenario is going to play out:
The PCM only talks about the one condition, they move forward with MEB, I'm found 20% disabled and get severance. That would be one final kick in the nuts after almost 20 years...
 
If you are MEB'd you have a lot to lose if you don't make it to twenty years. So delay, delay, delay and appeal, appeal, appeal. If you do both, you will make it to 20. I suggest once the process starts you contact legal counsel from your service to maximize the length of the process. There are many ways to delay the process.

You command's lack of input is a reflection on command. There are times minimal input is appropriate, this is not one ofthem.
 
@PestyMastermind The DoD rates any conditions that are unfitting for military service, based on the VA examinations. In your NARSUM you should have conditions listed that started the IRILO and any other conditions that are unfitting for service, if you want to stay in beyond 20, then you have to prove the unfitting conditions no longer exists and you can safely continue service, if you want to make 20 then you make sure everything is identified and you have confirmed diagnosis for your claims and you can appeal along with other avenues to make it in to your 19 years. Inside here there are a couple options that only those with 19 years of service get to apply to their case (such as presumption

MEB is the blanket term misused used, ie we all have went through the MEB process... but the actual Medical Evaluation Board (MEB) will decide if your total health is fitting or unfitting for continued service = if found fit, stop here and go back to work.... if unfit then continue to the PEB or Physical Evaluation Board phase =>

If you enter the PEB phase then you will receive ratings = all identified claims are sent to VA for the C&P exams and questionnaires will be used to develop VA ratings.
VA ratings will all be applied using VA math and you SHOULD have a higher total VA rating than DoD because....
DoD only rates conditions that started the MEB process and conditions that deem you unfit to serve.

The PEB reviews your ratings and final disposition and appeals take place based on:
Less than 30% DoD (VA rating doesn't matter) than severance is considered and you may be discharged with a severance package.
More than 30% and you may be Medically Retired will retirement pay equal to your service multiplied by years times 2.5% or the DoD rating.
You my request a VARR or VA rating reconsideration to increase/decrease your ratings with proper documentation and medical advice.
(I say "may be" because you can appeal in this phase also , that you are fit to serve and continue service).

Final Notification on continue service/severance/retirement is received, you have another opportunity to appeal that decision for an outcome you want to achieve (ie continue service).

MEB is concluded with return to work, severance orders or retirement orders signed and in hand.

This is the framework, there ar many intricacies in the process with appeals, medical evidence disagreements, and what not... making most cases a little different than every other case.
 
heathro1281 said:
@PestyMastermind lots of golden information
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Thank you for that! The way I understand it, I should see my PCM's NARSUM before the package gets sent to AFPC to determine whether or not to MEB, right? That being the case, should I make sure the PCM covers everything, or just what started the IRILO? The conditions do exist, and they're not going anywhere.
 
eerf123 said:
If they do recommend you for a full MEB you will be in a limbo status since no examinations are being scheduled cause of Covid.

which is good for you because you need to slow things down
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I was confused by why I need to slow things down. I now know why. I was told that if you're rated by the VA at 50% or more, you draw retired pay AND your disability if you get medically retired. Reading through the DFAS website, I now see that I was mislead. If I am understanding correctly, if you get medically retired you have to be qualified for retired pay (meaning, 20 years of service or more) in order for CRDP to apply. Do I have that right?

If that is the case, and I get medically retired prior to hitting 20 years, I will only be eligible for the offset, do I have that right?
 
Yes basically you must reach 20 for CRDP. Yes you have it right regarding the offset.

I would definitely try and get those other conditions added because it will help to make sure you get the appropriate percentages you need and also will slow the process down.

of course you might just get RTD by the IRILO with or without a c code of some kind...depends largely on the medical conditions and your ability to be WWQ and perform your current job.
 
I went into the MEDBOARD process with an approved retirement request. The board still found me unfit. The board can and did override a presumption of fitness. Once I got my finding back I met with my lawyer who attempted to push me to accept my finding and request PLD with 19 years 5 months. However, I called to the department who handles PLD for the navy and the approver stated that it would be in my best interest to stretch the remainder of the process out so that I would have a greater chance of getting to 20. I hope this helps.
 
There are at least 6 steps in the process that you can appeal and delay.

1. IMR
2. Narsum rebuttal
3. PEB
4. IPEB/FPEB
5. VARR
6. Disability agency appeal

Now at each of these steps they will have you sign something, you can either concur or not concur. You’ll have ten days to sign, that’s to give you time to review with your counsel. Take all ten days at every step and you’ve bought yourself 60 days in just signing forms alone. Then appeal at every level, that can buy you around 4-6 months total. Also save your terminal leave, terminal leave will count towards your 20.
 
Thank you guys for the responses. The way I understand the process is that next comes the PCMs NARSUM, which I should see prior to it being sent to AFPC right? I've asked my PEBLO about it, and haven't gotten an answer back.
 
The NARSUM should actually already exist and your PEBLO should have a copy. Im not sure you get to see it before it goes up the pipe though, since it’s just the initial. You may be able to view it but I’m not sure you have any rebuttal rights to it at this point.
 
Thanks. My doc called me today to verify some information I assume for that.
 
Looks like they requested your CIS prior to your initial NARSUM being generated. Like mentioned by some other posters I would be slow rolling everything that you can though.
whether it is phone calls or emails or messages through TOL, I would delay your responses as much as is reasonable.
My PCM has been gathering information for my NARSUM for months now. Every few weeks they ask me about something and I always get them the info, but I wait a a few days or sometimes a week. every little delay helps.
 
With your commander's retain 1185 you should be ok. I had a retain once with non retain able issues and they did a waiver... but that became a cluster 2 years later
 
My concern is the total lack of comments on their part. All they did was check retain. Not a single comment.
 
heathro1281 said:
@PestyMastermind The DoD rates any conditions that are unfitting for military service, based on the VA examinations. In your NARSUM you should have conditions listed that started the IRILO and any other conditions that are unfitting for service, if you want to stay in beyond 20, then you have to prove the unfitting conditions no longer exists and you can safely continue service, if you want to make 20 then you make sure everything is identified and you have confirmed diagnosis for your claims and you can appeal along with other avenues to make it in to your 19 years. Inside here there are a couple options that only those with 19 years of service get to apply to their case (such as presumption
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I'm looking more into the presumption of fitness. I am currently NOT pending retirement, as my 19 year mark is next month (June). Should AFPC come back and recommend MEB, I will then utilize my allowed time and appeals to the max extent possible in order to draw the process out. That being the case, it will keep the code 37 on me, right? As long as the code 37 is on me, I cannot apply for retirement. Therefore, I cannot get an approved retirement date until this process is complete, one way or the other and the code 37 is removed, correct?

If those assumptions are correct, then dragging it out until I hit 19 years doesn't do anything for me, because presumption of fitness (from everything I've read) requires an already approved retirement date. Which I cannot get until this process is completed and the code 37 is removed. Thus putting me in a shitty situation because of the timing of all of this. Best case scenario, they return me to duty (which is what I have to hope for). If they do anything else, my chances of dragging this process out until June of 2021 in my opinion are slim to none.

Am I missing anything here, or am I really as between a rock and a hard place as I seem to be?
 
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