ANG dual status technian
- Thread starter Jmc81
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The JAG and the IG are pretty useless from my experience.
A well written Congessional is your best option. Once your Congessional is received they have 30 days to respond back with your congressman with there answers. If they find something wrong they will be forced to send a corrective action plan to your congressman as well.
I got nowhere for almost 4 years and as soon as I filled a congressional everything fell in place quickly.
I'm sorry to hear that your having such a hard time but it seems like alot of people are going through the same thing.
A well written Congessional is your best option. Once your Congessional is received they have 30 days to respond back with your congressman with there answers. If they find something wrong they will be forced to send a corrective action plan to your congressman as well.
I got nowhere for almost 4 years and as soon as I filled a congressional everything fell in place quickly.
I'm sorry to hear that your having such a hard time but it seems like alot of people are going through the same thing.
JAG told me she represent big AF but gave me a paper that has airmen's counsel information on it. Yeah 2 weeks ago I contacted my congressman and the did a congressional inquiry as to why it was taking so long. They called it on this site that it was going to be denied I just didn't wanna believe it. JAG gave me this AFI which says I can appeal once and I have 30 days to do it. Did you do an appeal in this way Josh? I. Guessing you did and it didn't go anywhere. They had therapist notes Dr notes letters my orders proof of being hospitalized as well as other things like acupuncture and chiropractor and buddy letters. Not sure how I can give them more proof. Other than it was from back in 2004 and on another time in 2018 so maybe they are saying I made a full recovery and got worse from something else.
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@Jmc81 , I'm sorry you had to feel that disappointment. I wish I could see the statistics of NGB NILOD vs ILOD. I bet it would blow people's minds. It should be investigated by congress but it never will.
I really hope your congressional works for you man. At this point, that's all I can hope for. Individual success with no actual hope of systemic change.
I really hope your congressional works for you man. At this point, that's all I can hope for. Individual success with no actual hope of systemic change.
I've talked with a few people on base now, they keep telling me it's fine you have over 18 years you will get your military retirement. They tell me a medical retirement with the LOD won't get me anything else. But I'm pretty sure I lose tricare and space a until I'm 60 possibly other things like combat offset like CDRP because my time is DSG time not active. I went back and looked at what was turned in as proof and my mind is blown by NGB. They're telling me the IPEB process will continue not inline of duty cause it has to at my base. Everyobe seems to have different answers to my questions. The VA rated me 70 for the condition that trigger the MEB!!!!Maybe someone will read this thread in a couple years from now and realize they have an up a cliff battle with NGB the VA has nothing on them.
They are not telling you factual information. Yes, you can still retire militarily with 18 years in, but you are correct in that you will lose Tri-Care. The VA will cover you alone for any medical conditions that are listed as a disabling condition but that's all.
Getting an MEB with a ILOD will bring you to active duty for your retirement as long as your unfitting condition is rated at 30% or higher. Most people make more with VA money than DOD so financially it probably doesn't change much, but Tri-Care for the next 20-30 years is huge!
Getting an MEB with a ILOD will bring you to active duty for your retirement as long as your unfitting condition is rated at 30% or higher. Most people make more with VA money than DOD so financially it probably doesn't change much, but Tri-Care for the next 20-30 years is huge!
The office of disability counsel contacted me and we talked about my case. The person that contacted me is a major working as a JAG. He informed me that by going for the medical out in the line of duty I would lose my guard retirement pay at 60 because I'm collecting VA pay but I would gain tricare immediately. Possible lose space a flight privleges and few other small things. He told me they appeal the SecAF and win a whooping 7%of the time. Also they don't get a result for around 5 months. I waited 6 months for NGB to tell me not inline of duty and it was supposed to be less than 2 months. So I would think this could be a 10 month wait. I would have to wait for those results to continue my IDES. I was moved from my normal job to scrubbing toilets on base in Oct an don't want to be doing that for the next couple years while I wait for decisions to be made that are out of my control. I'm dual status so I could be medical out on the FERS side. If I was medical out on the FERS side I would continue to receive blue Cross blue shield insurance coverage. He also told me I could fight it at a later date although I would not be able to use them. For these reasons more pay at 60 and being a dual status I don't think it's in my best interest to fight this LOD determination. I told the Jag it seems like they put people in the situation that's incredibly hard to fight and he said no comment. He is knows that's the truth but I don't seem to be losing much either way.
Hello everyone my case seems to be moving very slowly. It's went to the State air surgeon twice and been kicked back for correction. Today I was told she approved it, so from what I've been told means it is on its way to NGB. I sure hope it's not the same department that does the LOD determinations they lost my paperwork for months and denied it anyway. Does anyone know how long it usually takes them to decide fit unfit? It sounds like the SAS is saying unfit would NGB go against those findings? The process has been extremely frustrating because 7 months ago I was removed from my normal job which I'm not denying need to happen. But I feel like supervision put me in a shitty position, as a maid on base. They could have done many things but that's what they chose. I try my best to stay positive but I don't want to clean rooms and scrub toilet for years. So my options are to keep trucking or quit my job when I've been in for 18 and a half years. Has anyone recently had their package come back from NGB? It would be great if it only took a month.
So not much has changed with my timeline, I'm waiting for fit unfit determination from NGB. My base has not done a very good job at explaining where my case is and where it will go next. Reading though my post I realized I didn't do a congressional inquiry for the LOD denial. I did a couple of consultation with attorney's to ask if I should fight for a medical retirement vs being medically unfit. One attorney said yes get all the benefits you can Tricare is worth it and it may push it to getting my 20 years military. My wife and I made a pro/con sheet if hiring an attorney and fighting for medical retirement is worth it. I don't think the returns are worth the pain in this case. Guardguy11 said take the VA Fers medical pension and I think that's a really viable option. Josh C said his fight took 4 years I don't want that. Does anyone have opinion on my situation? Has anyone hired an attorney appealed and have it take years to complete the process? This forum has been awesome cause the process is crazy.
Hello @Jmc81
Generally speaking and without any consideration of FERS of which I know nothing, one of the main benefits of qualifying for a regular (20 yr AD) or non-regular (i.e., RC) retirement is eligibility for CRDP if rated at 50% or more by the VA. CRDP restores waived/offset/reduced retired pay not to exceed the longevity portion of retired pay. Note: RC retirees must have 20 good years and meet the age requirement for retirement.
From DFAS:
Concurrent Retirement and Disability Pay (CRDP) allows military retirees to receive both military retired pay and Veterans Affairs (VA) compensation. This was prohibited until the CRDP program began on January 1, 2004.
CRDP is a "phase in" of benefits that gradually restores a retiree's VA disability offset. This means that an eligible retiree's retired pay will gradually increase each year until the phase in is complete effective January 2014.
You do not need to apply for CRDP. If qualified, you will be enrolled automatically.
Eligibility
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.
Under these rules, you may be entitled to CRDP if…
- you are a regular retiree with a VA disability rating of 50 percent or greater.
- you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
- you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
- you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
Combat Related Special Compensation (CRSC) is a program that was created for disability and non-disability military retirees with combat-related disabilities. It is a tax free entitlement that you will be paid each month along with any retired pay you may already be receiving.
Eligibility
To qualify for CRSC you must:
- be entitled to and/or receiving [residual] military retired pay
- be rated at least 10 percent by the Department of Veteran’s Affairs (VA)
- waive your VA pay from your retired pay
- file a CRSC application with your Branch of Service
- Armed Conflict
- Hazardous Duty
- An Instrumentality of War
- Simulated War
I talked with the commander medical and personnel and I figured some stuff out. After my LOD was determined not in line of duty by NGB my case switched from being an MEB to DES. Personnel and former me that DES do not get PUEBLO so I was never going to get a phone call and have somebody instruct me and what was going on with my case. I was also informed that in around two weeks I would have a determination from NGB.after the determination I have 30 days to appeal fit or unfit but not duty related nonduty related. They also informed me that I never had the option to appeal the NGB's denial of my LOD. They showed me in the regs that prior service condition (PSC) which is what my condition was considered cannot be appealed. The only way to change that decision is to have board correction military records(BCMR) review all the information and change it. Personnel and medical informed me that I could begin this process now and that it would run parallel to the DES process. They told me the process would not interfere with the DES process. They sent me the AFI and forms to fill out for BCMR. I'm going to contact the airmen's disability council and asked for assistance. Does anyone on here have any input or advice on doing a BCMR?
What they said is partially true. NGB loves to throw around the pre existing condition / prior service condition all the time and treats it like a trump card. Unfortunately for them, the AFI states you CAN have a condition that Existed Prior To Service (EPTS) as long as it was aggravated by your military service. Not sure what reg they showed you, but 36-2910 states you can appeal all formal determinations (para 2.4) one time. Since they screwed you on this and you missed the window... this is going to be a really really hard battle for you. AFBCMR rarely overturns determinations if you as the member fail to use the mechanisms to appeal a decision you don't agree with. You can put in there exactly why you didn't appeal, but set your expectations early and often that this will be a shit show.
AFI 36-12 section 4E describes the DES processing for non-duty related, but it really sounds like they are trying to punt you via para 3.17.5.1. Either way, they lied to you then and they are lying to you now saying you "can't appeal" the NGB determination. Your AFBCMR is going to have to be a two part-er.
Part 1 - Fight the NGB determination. You have to now prove that your EPTS condition was aggravated by your military service. Since you didn't appeal the determination, the onus is now on you to show how your condition was aggravated. Doctors notes, letters from people that know you, etc.
Part 2 - Once your condition is found In the Line of Duty (ILOD), you request that all unfitting conditions be reviewed for compensation rating.
Godspeed on your journey. It is going to take at least a year just to hear back from the AFBCMR. I would highly suggest retaining legal counsel, but know that BCMR cases typically cost $10k+ depending on complexity. You could potentially work out a payment plan where the lawyer gets a significant cut of the back pay. It's sucks, but the positive is if you don't win, you don't end up having to pay. You win, the lawyer doubles the money they get.
Like I said above.... manage your expectations.
AFI 36-12 section 4E describes the DES processing for non-duty related, but it really sounds like they are trying to punt you via para 3.17.5.1. Either way, they lied to you then and they are lying to you now saying you "can't appeal" the NGB determination. Your AFBCMR is going to have to be a two part-er.
Part 1 - Fight the NGB determination. You have to now prove that your EPTS condition was aggravated by your military service. Since you didn't appeal the determination, the onus is now on you to show how your condition was aggravated. Doctors notes, letters from people that know you, etc.
Part 2 - Once your condition is found In the Line of Duty (ILOD), you request that all unfitting conditions be reviewed for compensation rating.
Godspeed on your journey. It is going to take at least a year just to hear back from the AFBCMR. I would highly suggest retaining legal counsel, but know that BCMR cases typically cost $10k+ depending on complexity. You could potentially work out a payment plan where the lawyer gets a significant cut of the back pay. It's sucks, but the positive is if you don't win, you don't end up having to pay. You win, the lawyer doubles the money they get.
Like I said above.... manage your expectations.
Thanks it's crazy being put in a situation that's very hard to fight. I got ahold of the JAG I had reached out to but he had PCS'd. He told me in an email bottom line I have to appeal the IPEB results and argue service connection at SAF level with another JAG or attorney. That is not what my personal told me but I guess they a not legal either. If that fails he told me than I have the option to go the BCMR route. My issue is I don't want to be put in a limbo status for years waiting for others to make a decision on my livelihood unless there is something really good at the other end more than Tricare. How my personal office explained it to me prior service condition refered to while I was in service prior to now the present moment not a condition that started prior to joining because there is no proof of the condition prior to my joining. Now that makes me wonder more if that just a line of bull.
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I would agree with that JAG. If you go through this whole process without appealing one time saying that it was service aggravated, I can't see a scenario where you win a BCMR appeal.
My case moved forward some. I was found unfit it only took 16 months to get here. Since my LOD was denied it is non duty related and I see I have to sign my right to any further appeal. I do believe it should be in line of duty but I don't think I want to fight it cause I don't want to be in a limbo status for who knows how long. After I'm out of the military I still have to jump though the hoops on there FERS side. I feel good that I'm getting out nervous cause it's been what I do for so long. I do feel little shafted by the National Guard but if the only thing I lose is Tricare tell I'm 60 don't think I want to fight it. At least I do have a good rating by the VA. Also I'm less than 1 and half years to my 20 so no concurrent VA retirement either but close.
Not fighting it is certainly understandable considering how long you have been in limbo, but you need to be aware that the Tri-care now versus at 60 is a HUGE benefit and worth fighting for.
Hi everyone, so I have my form 1180. Once it's sent in how long should it take to get the orders? Also how far out will the orders be? I've been looking on here some. Does it matter that I'm guard vs active seen some orders were 3 month after they sent 1180 in.
20 September signed my form 1180
Talked with a major from office of disability council she told me the 15 year rule does apply for crdp. She said she just did training on it 2 weeks ago. She said they still call it TERA but it's actually 10 us code. These pertain to my amount of time.
Talked with a major from office of disability council she told me the 15 year rule does apply for crdp. She said she just did training on it 2 weeks ago. She said they still call it TERA but it's actually 10 us code. These pertain to my amount of time.
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