19 years and want to stay in!!

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08Mopar

PEB Forum Regular Member
I am an E-6, 19 year AF member. Heavy Eq mechanic for 16 years and a ______ for 3. 9 Reg AF, 7 AGR, and 3 Title 10 years, all active duty years. I am an Iraqi Freedom volunteer (convoy security Mar-Aug 2003) and Bronze Star recipient. My current orders will, or could take me to retirement in May 2011. I am on Active Duty orders but stationed at a guard base. The guard med clinic sent my records to the MEB at Shaw AFB last month. I have meniere's syndrome - under control with meds and PTSD - under control with meds. I have had three knee and two shoulder surgeries within the last 12 months. I figured about 80% disability (but I don’t want that yet). I was on con leave for 6 of them, and limited duty for the rest. I am on the rebound now, but my commander wrote a not so flattering letter for my package. I am a _______ in a NON deployable unit, locked into a controlled tour until I retire. I can do every part of my job now, but I can’t run or do push ups (Severe Chondromalacia in both knees and torn rotator cuff in the same shoulder twice). The commander’s letter said I couldn't fulfill my duties, but was then, not now. I have read hundreds of horror stories on the internet and on this forum about people under 20 years who got(shafted) kicked out with severance pay, or med retired, who don’t get concurrent receipt. I do not want that to happen. I want to make it to 20. I have NOT been notified by Shaw AFB yet. I hope time is on my side. Shaw does not even have half of my medical records because I am on tricare remote with civilian doctors. I read in an AFI that once officially notified, a member has a minimum of two months with a possible extension of a few more to gather all med records before the first MEB appointment. Do you think that I can drag my feet, stall, appeal, or do whatever I can for another year to make it to 20, and if so, what do you think my chances are? I am willing to get an attorney if it goes to a FPEB. All I want is a normal 20 year retirement and VA benefits afterwards (concurrent receipt). I know there are conditions like limited duty and COAD, but that’s a gamble. Any help or advice would be greatly appreciated. I have been reading this forum for weeks and am amazed and so thankful that ya’ll provide so much information and advice. I feel so sorry for those of you who just want to get med retired and have been waiting and waiting, some for years. All I want is ONE MORE YEAR. You are all great Americans and I thank you for your sacrifices and service (family members also). I hope and pray that all of you get what you want and deserve. I also wanted to thank Jason, the lawyer who set this site up. You are awesome. Thanks brother.

JT
 
JT,

I responded directly to your question, so I won't go into a ton of detail here.

Things appear to be going quite slow in the AF disability evaluation system right now. So, with that said, I could see you making it through the process slowly enough to hit your 20 year mark by not doing anything in particular. Of course, taking the maximum time at each point in the process may well make the difference, so consider that.

On the other hand, I could see some substantive things that could be done to slow things even further. A well drafted rebuttal to the MEB, for example, might end up causing a substantial delay (of course, it might not, too).

As for the LAS/continuation after an unfit finding, I think that there are many potential favorable legal issues for those who go this route. Yes, it is a risk, but I think that it is the case that the policies as currently written and/or applied present legal issues that may resolve in the members favor. I have had luck challenging denials of these requests (basically, due to the service not seriously considering the request and not considering all of the issues) and have gotten retirement findings based on how the military applies LAS/COAD/PLD. Not suggesting that an LAS request is the way to go, I just think that it is something that should be considered in the right case.

I appreciate the thanks, but I think anyone in my shoes who could help others would do the same. You help your battle buddies, that's all.
 
I agree with Jason, take the max amount of time for your decisions and I think you will easily make May 2011. My process started 5 Aug 09 and was expedited through IPEB/FPEB (completed 16 Dec 09) and my package was sent to SAFPC for my final appeal on 11 Jan 2010 and I am still waiting for a decision. I know for a fact the IPEB currently only has 1 doctor so they are slowed down quite a bit right now. I know it sucks but become the expert on the process so you know where you can affect it and how to best do that.

Good luck!
 
Jason,

Your responses to the airman in SC concerning the use of the LAS to gain time in reaching a 20 yr retirement interests me. I am in a very similar situation being at 19 yrs in total AD retirement points and being offered 30% disability w/med retirement. I am also a Reserve AGR with 18 months remaining until I can reach my mandatory retirement date in Aug 2012. With no safety net to allow me to accept the IPEB's offer I rebutted to buy some time and do additional research. I am able to do my staff job w/o problems and have the support of my leadership to remain on my AGR tour until retirement. You seemed to write about being able to get LAS commitments from AFPC in the past. Would you be willing to share your insights? How would you recommend building a convincing package for AFPC? Any insights you are willing to share are greatly appreciated.

Regards,

Packer Fan
 
A few points. With your years of service, regardless of the outcome of your FPEB, you may be able to "thread the needle" and make it to 20 years by appealing. My most recent AFPC decision came back after 11 months. This may be enough, counting the time for your FPEB, taking rebuttal time (and perhaps requesting a "strategic" extension to file) and outprocessing time to make it to 20 years. (It may make sense to save leave, if you can, too).

The main decision would be whether to go for a fit finding or for a higher rating. I would tend to think with command support and if your medical condition is not clearly preventing you from doing your job, you may want to prepare your case with eyes toward fighting for return to duty.

Letters of support from your command/leadership, positive evaluation reports, recent awards (if applicable), recent demonstrations of successful completion of TDY/Deployment/Military Schools, can all bolster the chances for a fit finding. Demonstration of ability to do strenuous activities (completion of sporting events, high PRT results, etc., as applicable) can help greatly. Not sure if any/all/or none of this apply to your situation. Just some things that may help.

It is hard to get advance decisions on cases because of the case load at the FPEB. Very often, the board won't look at your case until near to your hearing. Still, I would generally try to talk to the board beforehand to see what they think about a fit finding or at least a LAS finding.

If you don't get a fit finding and the board does not explicitly recommend LAS, then I think you are probably better to just rebut than risk a quick denial of non-recommended LAS determination.

Much will depend on the facts of your case.

Best of luck in your case. Feel free to post any follow up questions.
 
Are we not just talking about three months to retirement in May 2011?

Mike
 
maparker said:
Are we not just talking about three months to retirement in May 2011?

Mike
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Mike,

I am confused by this point, too. The original poster said May, 2011, then said he needs one more year. I took that to mean he could apply for retirement in May, 2001, but needed the extra year to get to 20? Not sure, either.

Obviously, if he only needs until May, 2001, he will be good to go on reaching 20.
 
Jason,

How can I go about contacting the FPEB beforehand? I wasn't aware that was possible. Also, could the FPEB downgrade my 30% rating to 0% even if I prove I am in good health via a good PFT, leadership endorsements, & daily work capability? And, could they still permanently retire me at 0% or would that rating enable me to return to duty? How is "fit for duty" determined? Is it tied to the disability rating percentage? Any advice you can give to shed light on this murky convoluted process is welcome.

Regards,

PackerFan
 
PackerFan said:
Jason,

How can I go about contacting the FPEB beforehand? I wasn't aware that was possible.
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You likely cannot. I meant through your attorney. It could be before you travel to the board, but oftentimes, they don't look at the cases until the days immediately before the hearing, so I was really talking about directly before the hearing.



Also, could the FPEB downgrade my 30% rating to 0% even if I prove I am in good health via a good PFT, leadership endorsements, & daily work capability?
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Yes, they could. In some cases, that is a real risk, you argue you are fit, they say, well, we think he is unfit, but he demonstrated he is not that bad, "0%." Now, it really depends on the condition. Some conditions have minimum ratings while others have criteria that are really not debatable. Example, let's say you are rated for asthma at 30% because you take daily inhalational corticosteroid therapy. You argue fitness. They disagree, but because your rating criteria is black and white issue, you will keep the 30% rating.


And, could they still permanently retire me at 0% or would that rating enable me to return to duty?
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You need to be rated at 30% to be retired. (Permanent is a whole other issue....look for some threads on TDRL for discussions on this). In the military, 0% is a compensable rating, meaning you get severance pay. Same with anything between 0% and 20%. The payment is the same for any of these findings.

How is "fit for duty" determined? Is it tied to the disability rating percentage?
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Take a look at my Overview of MEB/PEB Process link, below. Included in that post is a link to Fitness vs. Unfitness. Read that, too and then ask any questions.
 
Hey guys,
Thank God I made it. I start terminal leave in 8 days and will get a normal 20 year active duty retirement. I just have to make my claims to the VA now. Thanks for all your support. Good luck and God Bless,
 
And by "normal 20 year retirement" you are referring to benefits right? Or did you get a 50% rating as well.
 
Jason,

Just learned today that my third test for a bad gene mutation is negative so I fully expect the hematologist to add to his NARSUM and recommend I be taken off lifelong blood thinners within two months. The reason I say two months and not right away is the fact I have a second gene mutation that is less aggressive and only requires a six month window of treatment. The first one seemed to be the long pole on my disposition comments along with having had (and cleared up quickly) bilateral pulmonary embolisms. I am having a challenge getting the appointed attorney to commit to whether this now would allow the decision to be overturned by the FPEB. I was told by my doctor that he could actually recall my package on the basis of these new tests and he would rewrite his NARSUM to reflect this improvement. Which I believe would actually allow him to put my case back in front of IPEB again for reconsideration. While I'm cautiously optimistic, I still fear that the IPEB could rate me at 0% and still rule me unfit for duty just based on the blood clotting incident. Again, I cannot get anyone on the "inside" to just come out and tell me what is the tripwire for their determination for fitness. I read your info and the DoD regs and in my mind I have a better than 50% shot at getting returned to duty based on the new evidence. Otherwise, I am feeling fit, working out like I did prior to the incident and work everyday in a non-mobility desk job. And with my status as a one-deep staffer I do not fall into any AEF rotations and only deploy voluntarily like I did in '07 to Afghanistan. I would hope the PEB would look at my work situation and realize I am able to perform just fine each day as my leadership mentioned in their letter to the board.

Looking forward to your comments.

Regards,

PackerFan
 
In regards to contacting the PEB prior to the hearing. I and members I have advocated for have written the PEB with a list a questions we needed answered in order to properly prepare for and conduct our cases at the PEB. They have answered though sometimes it took a couple of interations to get them to actually answer the questions asked. One of these members just received a letter yesterday from the Navy stating they would answer the issues in his letter with in 10 business days.

Mike
 
I agree with Mike that they should respond. One of the differences between my experiences and many members is that when I interact with the PEBs, I am doing so as an attorney for a member, so it is easier for me. I think that this is BS, the PEB should be equally accessible to everyone. However, I would not be surprised if the PEB does not respond, even if they should. They sometimes tend to not take well to direct contact from members. I have seen this when I have come into a case later after members have written directly or called. (I have sometimes seen bad outcomes, too, if members have inadvertently said something that hurts their case). This is a somewhat delicate issue.

One of the issues, as I pointed out, is that given the volume of cases, oftentimes the PEB does not have the records available or have not considered them until near in time to the board. This is less of an issue in the Army and the Department of the Navy because it is usually the same board members who sit on the case in the IPEB and the FPEB. In the Air Force, this is more understandable because it is a completely different board (made up of different members), so they really have not looked at the case until near to the FPEB hearing. The Army is more apt to consider a written request for "reconsideration" though they may not be so accessible for informal discussions about COAD or other issues. The Navy is somewhat open to this, too.

I tend to favor direct and early contact where there is a dispositive issue that is easily proven by reference to objective evidence (e.g., a prescription for medication that requires a certain rating, or a blood test that proves a condition is properly rated at a certain level).

In the end, I think the answer is only determined in hindsight. If it works in a members favor, then it is a good thing. If not....well, you get the point.
 
Jason and Mike,

Thnx for the advice and opinions. My doctor is still developing a plan that could include pulling my case back and waiting a few months for me to come off Coumadin and then resubmit to the IPEB with a clean bill of health and no meds. Or, simply adding the new evidence along with stronger commander letters to the FPEB and pressing on. My Air Force attorney feels the new evidence only helps my case and thinks I ought to keep pressing to the FPEB which I've been scheduled for early March.....the backlog days are over. I am leaning towards the doctors advice as it allows me more time and gets me completely off Coumadin before resubmitting to the IPEB. How do you guys rate my chances in each scenario? Did learn that their are several active duty folks at my base on life time Coumadin who didn't even get boarded.....the MEB coded them and they went on with their careers. Yet, a Reservist like me gets railroaded into a forced retirement for the same issue....how on God's earth is this legal under the DES codes?

Regards,

PackerFan
 
08Mopar said:
Hey guys,
Thank God I made it. I start terminal leave in 8 days and will get a normal 20 year active duty retirement. I just have to make my claims to the VA now. Thanks for all your support. Good luck and God Bless,
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Congratulations! Glad that things worked out well. Enjoy your retirement!
 
PackerFan said:
Jason and Mike,

Thnx for the advice and opinions. My doctor is still developing a plan that could include pulling my case back and waiting a few months for me to come off Coumadin and then resubmit to the IPEB with a clean bill of health and no meds. Or, simply adding the new evidence along with stronger commander letters to the FPEB and pressing on. My Air Force attorney feels the new evidence only helps my case and thinks I ought to keep pressing to the FPEB which I've been scheduled for early March.....the backlog days are over. I am leaning towards the doctors advice as it allows me more time and gets me completely off Coumadin before resubmitting to the IPEB. How do you guys rate my chances in each scenario? Did learn that their are several active duty folks at my base on life time Coumadin who didn't even get boarded.....the MEB coded them and they went on with their careers. Yet, a Reservist like me gets railroaded into a forced retirement for the same issue....how on God's earth is this legal under the DES codes?

Regards,

PackerFan
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Seems to me that pulling back your board for a few months would be a way towards a "safe" resolution. If with your MEB being pulled back, then you might consider applying for length of service retirement. Then you should fall under presumption of fitness rule (making a fit finding more likely). Perhaps, if you talk with the doctor with a approved retirement request, he may even decide to not submit you (either based on the pending retirement and/or if your condition resolves). I am not sure if that plan matches up with your goals, but it may be something to consider.
 
Jason,

Agree, that is the most conservative route to keep myself off of the PEB's radar. I have resolved the one threat with the Lupus anticoagulant gene transitting my body and the other gene is low threat allowing me to stop the Coumadin in late April. The original clots cleared in about two months and I feel fine. PT is back on a normal schedule also. With all this, wouldn't that be enough to rate me "fit for duty"? Or, will they hone in on the original occurrence (pulmonary embolism) as the show stopper? If not, I would then be confident in actually moving forward to the Formal PEB and getting cleared to return to duty.

Regards,

Packer Fan
 
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