I wish I had an answer for you, my whole process from starting the MEB to being medically retired was six plus months. But I had LOD’s already and was on a P3 profile for almost two years before the MEB even started. One thing that helps is if you already have a current diagnosis for each of your unfitting conditions. Hope your MEB goes smoothly.
ANG dual status technian
- Thread starter Jmc81
- Start date
Thanks for the information you have given me. All my diagnosis are strong and go many years back with the exception of TBI. I will just post here as the process continues. I don't know all the acronym for the processes but it seems to me the guard has a different process then active military for fit unfit.
Your narsum is different than you LOD.
Normally if more than 6 months has passed they will have to submit a prior service impairment (PSI) which is essentially a LOD but is reviewed a a higher level. The LOD or PSI shouldn't take more than a couple weeks.
Do you have a PEBLO? And have you done your office meeting with him yet?
What the guard/reserve does something is say you are in the MEB when in reality you aren't. It took me over 3 years and a congressional complaint to get into the really MEB. If you don't have a LOD the guard/Reseve will do a fit/unfit determination and then try to separate you. If you have over 15 years you can opt for an early retirement and collect at 60 or what ever your retirement age would be
The 15 year Notice of Eligibility for retirement for reserve component soldiers. This eligibility feature is not as well-known as the other retirement opportunities. Those who retire under that provision are not eligible for CRDP under current law.
The following is from Army HRC link to 15 year letter : HRC Homepage <—- LINK
[start] Historically, the 15 year Notice of Eligibility was enacted in 1999 for physical disabilities not incurred in the line of duty per Title 10 USC 12731B. Title 10 USC 12731b, Special Rule for Members with Physical Disabilities Not Incurred in the Line of Duty, governs issuance of the 15 year Notification of Eligibility (NOE) letter. In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title. The Selected Reserves is comprised of Troop Program Units (TPU), Individual Mobilization Augmentees (IMA), or Active Guard Reserve (AGR). Individual Ready Reserve (IRR) Soldiers are not eligible for the 15 year NOE.
Effective March 12, 2009, new guidance was issued which reinterprets the intent of Title 10 USC 12371b. Previous guidance indicated eligibility was based on a physical disability not incurred in the line of duty. However, current interpretation of the law indicates that although its title infers applicability, it is only for members with disabilities not incurred in the line of duty; the law, as written, does not make this distinction. Therefore, the Early Qualification Retired Pay at Age 60 provision applies to all Selected Reserve Soldiers whether or not the physical disability was incurred or aggravated in the line of duty.
A Soldier may not qualify for this entitlement if the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned or the disability was incurred during a period of unauthorized absence. [end of selected excerpt]
Ron
I'm not sure if she is my peblo, but I gave her some medical and mental health records and she filled out a form that was a few pages long I came in a few times to help her fill it out she sent it to my medical department. She said they would start the process as far as linking all the information I have
given her to an LOD. She was very optimistic LOD would go though. It would then go to the State air surgeon. After that guard bureau. She told me times for processing very a lot depending on how quickly they do their job. she told me if they are backlogged it takes awhile. Last one she put though went quick. She had seen it go though SAS in one week and sometimes it was their 6 weeks. Same thing with guard bureau but a longer time line. I asked her about that process a couple times but she let me know it not in her hands after it goes to medical. Also she said commander would make a statement during beginning of this process and she has informed my commander of all this. I asked her if this could take years and she told me there is no reason it should take that long based on the info she has. A guy I work with is being medically retired he fought the process also didn't have LOD. from his unfit finding to out of military was 3 months after that based off the regs I seen on here from OPM 30 days in tech status without being dual status. I started the process end of April, I will keep updating as I go through it and asking for advice. I completed my first c&p exam yesterday.
given her to an LOD. She was very optimistic LOD would go though. It would then go to the State air surgeon. After that guard bureau. She told me times for processing very a lot depending on how quickly they do their job. she told me if they are backlogged it takes awhile. Last one she put though went quick. She had seen it go though SAS in one week and sometimes it was their 6 weeks. Same thing with guard bureau but a longer time line. I asked her about that process a couple times but she let me know it not in her hands after it goes to medical. Also she said commander would make a statement during beginning of this process and she has informed my commander of all this. I asked her if this could take years and she told me there is no reason it should take that long based on the info she has. A guy I work with is being medically retired he fought the process also didn't have LOD. from his unfit finding to out of military was 3 months after that based off the regs I seen on here from OPM 30 days in tech status without being dual status. I started the process end of April, I will keep updating as I go through it and asking for advice. I completed my first c&p exam yesterday.
Went to medical to see if they needed anything and to learn more about the process. They told me I had enough evidence to have an informal In the line of duty. They said a formal in the line of duty get the same result so they weren't going that route. Does anyone on here have advice on formal vs informal ILOD? Did some more record releases so they could add info to the packet more on medical side. They plan on sending it to state air surgeon in next 3 weeks. Air surgeon is drill status guard so she won't look it over until Sept drill. That's where I'm at. It then goes to guard bureau and they make the call fit unfit based on the info in the packet from mental health military records and civilian records. they told be if this process goes good could be 2 month from now. They told me guard bureau has been little fast lately.
That’s good news! Both types yield the same result, an LOD. The difference being, informal doesn’t require an investigation and is completed in a faster time frame. Your just after the documented LOD that’s all.
Formal LOD’s require an investigation usually performed by a safety officer. Example would be like if a person was involved in an accident, during training status, in a military vehicle. The vehicles maintenance records would be scrutinized to determine if it was human vs vehicle error. Also drug tests are initiated.
So I signed the DES paper to initiate meb but I was freaking out a little bit. It said non duty related and they had assured me from the info I had given them it would be duty related also they told me it was very important to get out duty related. I found the Lt that is helping me with my case not sure maybe she is the PEBLO and she told me they start all dual status technicians non duty related and when I meet with the DAWG we will review it together as we finish putting the NARSUM that's when they move it to duty related based on the info from dd214 orders medical reports and buddy statements. I also sent a form to my commander to fill out. There is a few more medical records they want but are having a hard time getting so it's slowing the process some also my flight doc is leaving. Also I did a neck exam with VES doc for VA but I had claimed this along time ago it's not part of the IDES. Does anyone have feedback on if what I said makes any sense? If I'm gonna get screwed over not sure I can do much about it just throw out my evidence and hopefully it's enough. I don't want them to hurt my retirement just to save time on paperwork.
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When they first started my paperwork they tried sending it up as non Duty which was completely wrong since my injuries happened while i was deployed to the middle east. i would contact the Airman defense or each branch has lawyers you can call about MEB issues. When mine was started incorrectly it took years and a congressional inquiry and General to look into it and get it fixed.
So, No this doesn't sound right at all. I was dual status and mine was all started Non Duty when it should have been duty related. They should get you a PEBLO and the PEBLO will explain the whole process and timelines.
Sorry I am late to the fight on your process. I must have missed your post over the last several weeks.
I am going to address both of your posts in one shot.
First and foremost, you have the burden of being your own advocate in the Guard. You absolutely cannot trust the system to take care of you. Do a simple search on this forum for “LOD” or “ILOD” and you will see a plethora of people that have been screwed in your situation because no one out side of the medical squadron even knows what an LOD is.
You need to become an expert on AFI 36-2910. Read it front to back and back to front. It will explain in detail what a informal and formal LOD is. In a nutshell, an informal LOD is used to start the Pre-IDES process. It is signed by your commander as “Presumed In the Lind Of Duty (ILOD)”. It works to get the ball rolling but don’t let them lie to you and think that this process can be completed with an informal LOD. It can’t Guard AFPC HHQ will kick that thing back with the quickness if it is not formalized by AFRC DN2DP med standards branch.
Not to scare you, but DN2DP sucks bad. @Hawaii5-0 and several others can attest that these jokers do not care about DODIs or AFIs. They don’t care if the AFI says they must have clear and definitive proof that your condition was not aggravated by your military service. This office tries to save the Guard money at the expense of the Guardsmen they are suppose to serve. It is not impossible to get them to approve it, but if I had to give a percentage based on the data from this website, it would probably be below 20%. Getting an active duty retirement pension from the Guard is hard. I wouldn’t have gotten mine if I didn’t have 8 years of active duty service. They stamped mine NILOD-NSA (not in the line of duty - not service aggravated) BUT if you have 8 years of active duty service, all ailments are presumed ILOD for MEBs.
Beyond that, it sounds like your are squarely in the Pre-IDES process. I hope your PEBLO has explained what the Pre-IDES is. If not, please ask and we can explain it. Expect things to slow down greatly once your LOD is sent to NGB/DN2DP. My LOD was received by their office in October of 2019 and I didn’t get it back until the end of April 2019. I seriously doubt COVID has speed up their process.
Here are a few questions you can answer to help us give you more fine tuned answers.
- What conditions are they MEBing you for?
- What conditions have you already claimed for the VA?
- What is your current VA percentage of disability?
- Has your informal LOD been sent up for approval to NGB?
- What rank are you?
- Did your injury happen as a technician or while on military status?
Looking forward to helping you through this.
What conditions are they MEBing you for? Anxiety PTSD depression maybe TBI not sure.
- What conditions have you already claimed for the VA? Tennitus cervical spine anxiety
- What is your current VA percentage of disability? Did exams for tennitus and neck VA wants more information on anxiety before exam.
- Has your informal LOD been sent up for approval to NGB? Not sure don't think so was told when I talk with flight doc that's when it would transition from NILOD to ILOD if sufficient evidence. As of right now it's NILOD they told me it normal to start like this as technician.
- What rank are you? TSgt
- Did your injury happen as a technician or while on military status? Military status.
I was told by the mental health on base the base dropped the ball it should have been ILOD right after it happened. At the time I was just glad I was alive and an A1C that didn't wonna make waves. I only have 2 years TAFMS so not sure how much this will hurt me if found not in line of duty but I would think really bad cause VA could dismiss anxiety PTSD and such things maybe not TBI cause I have records of head impact. Still I think it could be bad for me. But truth is I just don't know.
- What conditions have you already claimed for the VA? Tennitus cervical spine anxiety
- What is your current VA percentage of disability? Did exams for tennitus and neck VA wants more information on anxiety before exam.
- Has your informal LOD been sent up for approval to NGB? Not sure don't think so was told when I talk with flight doc that's when it would transition from NILOD to ILOD if sufficient evidence. As of right now it's NILOD they told me it normal to start like this as technician.
- What rank are you? TSgt
- Did your injury happen as a technician or while on military status? Military status.
I was told by the mental health on base the base dropped the ball it should have been ILOD right after it happened. At the time I was just glad I was alive and an A1C that didn't wonna make waves. I only have 2 years TAFMS so not sure how much this will hurt me if found not in line of duty but I would think really bad cause VA could dismiss anxiety PTSD and such things maybe not TBI cause I have records of head impact. Still I think it could be bad for me. But truth is I just don't know.
Did you get C&P exams done as part of the IDES process or part of your own VA claims process? The reason I ask is because if your PEBLO assigned MSC scheduled your C&P exams, you are already passed the NGB DN2DP office. If not, you still have some hurdles. Either way, we will walk you through it as best we can.
Speeding up the process - Since you have already started the VA process, it MIGHT be worth going through the LDES vs IDES. LDES will get you out quicker so you can start getting your pension / VA money. Being a TSgt, you will not make enough in pension to override the VA benefits most likely. Since you don’t have 20 years of AD service, you can’t get both at the same time.
The only thing you need to work on right now is ensuring your LOD stuff is correct. That is your key to getting benefits from the VA. Don’t let the IDES / MEB stuff distract you. The “ball” for you to focus on right now is the VA and maximizing what has happened to you into compensated pay.
In my opinion, here is exactly what I would do: (@Hawaii5-0 feel free to chime in to help this brother out)
- Call your PEBLO and ask if you are in the Pre-IDES phase. This knowledge will help you know where you are now and what to expect.
- Call your med squadron LOD manager and ask where your LOD is at in the approval process and has it been pushed to NGB for approval. If it hasn’t, inform them that NGB will require it to be formalized to be processed as an MEB.
- Keep chugging along with the VA as much as possible. Beyond getting that LOD found as ILOD, the VA should be your secondary focal point. Get contact names and numbers for who you need to check with statuses. Find out where you are and what is holding it up.
Knowledge is the Iron Man power blast in the MEB / VA game. Patience is the suit that wields that power blast. Be patient but make sure you know who has the ball, and don’t let them forget it.
Keep us posted.
Speeding up the process - Since you have already started the VA process, it MIGHT be worth going through the LDES vs IDES. LDES will get you out quicker so you can start getting your pension / VA money. Being a TSgt, you will not make enough in pension to override the VA benefits most likely. Since you don’t have 20 years of AD service, you can’t get both at the same time.
The only thing you need to work on right now is ensuring your LOD stuff is correct. That is your key to getting benefits from the VA. Don’t let the IDES / MEB stuff distract you. The “ball” for you to focus on right now is the VA and maximizing what has happened to you into compensated pay.
In my opinion, here is exactly what I would do: (@Hawaii5-0 feel free to chime in to help this brother out)
- Call your PEBLO and ask if you are in the Pre-IDES phase. This knowledge will help you know where you are now and what to expect.
- Call your med squadron LOD manager and ask where your LOD is at in the approval process and has it been pushed to NGB for approval. If it hasn’t, inform them that NGB will require it to be formalized to be processed as an MEB.
- Keep chugging along with the VA as much as possible. Beyond getting that LOD found as ILOD, the VA should be your secondary focal point. Get contact names and numbers for who you need to check with statuses. Find out where you are and what is holding it up.
Knowledge is the Iron Man power blast in the MEB / VA game. Patience is the suit that wields that power blast. Be patient but make sure you know who has the ball, and don’t let them forget it.
Keep us posted.
Thanks for the help, I initiated claims for anxiety panic attacks neck and ringing ears Oct 2018 Oct 2019 I finish sending in paperwork as not to go over the 1 year mark also was trying to get AGR job but medical wouldn't let me transfer over. So if I go though IDES I will have to redo the neck exam and hearing? I'm hoping to get the NARSUM when it's complete to send to VA, my vso told me it's what I need. my VSO did another intent to file a couple months ago for a few other ratings that I'm going to put in for. It doesn't make sense they would have me do my rating over when I just did it. I've been doing my homework on here and many say LDES is not a good way to go they never asked me if I wanted to do LDES at my base. I've read you can get better rating from VA when going though the IDES. I've tried to ask my medical on base if I should send stuff to my VSO he is also new to the job. Medical told me send it to him it like they don't know the process completely.
Going through the IDES will require new exams. They might grandfather over some of the claims, but you would definitely have to have at least one general exam. You have a VSO right not, but once you get into the official IDES / LDES process, you will be assigned a Military Services Coordinator (MSC) who works for the VA to guide you through the process. Very similar to the VSO. My MSC was employed by the VA but worked really hard to make sure you got the best deal for you and your conditions.
If your VA process is complete be time you get your finalized LOD back as ILOD, LDES would be a good avenue for you IF you are happy with all of your ratings. With the LDES, your VA ratings can be submitted as evidence and the IPEB will take that into account when deciding your DOD percentage. It doesn’t work for most MEB cases as most people don’t have already submitted VA claims. When it comes to making the decision for you, it will be purely timing based as to what is better. My gut says you will have several months of LOD fighting so the VA still has time.
Bottom line, give your VSO any and all paperwork to try and finish the VA stuff now. If the VA will process all of your claims with the LOD, press forward. The VA is not as anal as the DOD. As long as you have medical records showing that this was a condition you suffered with during military service, you are good. The DOD, specifically NGB, is the one that really needs the LOD.
Now I'm trying to make sure the gaurd doesn't push me down the not in line of duty cause my commander statement also had that checked the box that condition did not start while on active duty. I let her know I was not comfortable signing it as it's false and could undermine all claims. I have a whole lot of evidence to the contrary. The Lt that's writing the commander statement for me agreed that we need to go back to medical because evidence not lining up with some of the forms could cause NGB to send it back make them look bad and make me wait even longer. I think they are trying to cut corners and it could be at my expense. The Lt told me ILOD won't help me out much cause I'm a technician but the person who wrote up my mental health NARSUM told me it was very important to be ILOD and she reviewed my all the info I have her and called it in line of duty.I don't want to see how long this process can take but it need to be done right the first time. Also I was back paid from VA for one condition but they didn't go back to my intent to file so I'm trying to figure that out. Making slow progress but progress none the less.
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I just separated on the military side in Aug 2020 and I originally got injured in Aug 2015.
Its extremely important that you get an LOD. If you don't get an LOD you aren't entitled to alot of benifits. The guard did the same thing and tried to deny my LOD. I ended up having a meeting with the medical group commander and laid out my paperwork for my injuries and he still refused to do anything. So I ended up having to file a congressional complaint and that group commander ended up getting removed from command. If it doesn't seem like they are following the process you have to be very proactive or they will just try to force you out without all your benifits. Don't be afraid to elevate your concerns and if that doesn't work further elevate. I've noticed that the guard is notorious for not getting LODs done or done incorrectly. Its suck you have to deal with this but it is a fight worth fighting for.
Its extremely important that you get an LOD. If you don't get an LOD you aren't entitled to alot of benifits. The guard did the same thing and tried to deny my LOD. I ended up having a meeting with the medical group commander and laid out my paperwork for my injuries and he still refused to do anything. So I ended up having to file a congressional complaint and that group commander ended up getting removed from command. If it doesn't seem like they are following the process you have to be very proactive or they will just try to force you out without all your benifits. Don't be afraid to elevate your concerns and if that doesn't work further elevate. I've noticed that the guard is notorious for not getting LODs done or done incorrectly. Its suck you have to deal with this but it is a fight worth fighting for.
I hope mine goes better than yours. I'm not sure why they feel like since I'm a DSG technician that they must start the process as if it's NILOD and change it later in the process informally. The commander seen NILOD and checked that block on his form I seen it as a ripple effect where it would be NILOD to the end and I will have signed paperwork stating it. I don't have very much TAFMS so I think I would only stand to lose Tricare. I have over 15 military years so no matter what I will have that retirement. Tricare cost what 500 year for retired person my blue cross blue shield is 415 per month right now. Will the LOD help with VA?