Confusion Regarding the MEB/PEB Process

Thank you to anyone who reads this post and offers any information that might guide me as my command doesn't know much about the process.

I am a former Marine F-18 pilot who experienced a grand mal seizure while I was on active duty in 2016. Over the course of two years I attempted to fight the diagnosis of epilepsy and attain a flight waiver so that I could continue flying but after additional seizures and medical evidence, I left the service in 2018 after my commitment was up. I received my VA disability rating of 100%, 80% for epilepsy, during terminal leave. Once I began working as a civilian I realized how expensive healthcare was so I spoke with a prior service recruiter and have been filling a billet in the USMCR where I assist Marines who are leaving active duty with their transition. It was brought to my attention that after 15 years of satisfactory Reserve service, if you cannot fulfill your primary MOS, you can be retired medically but await pay until age 60. I asked my command to start the process and was provided an NMA (Non-Medical Assessment) and told to try to call NMC Balboa to make an appointment. Unfortunately I don't know what the steps are or even what to ask for.

Can anyone shed light on the process and what I can expect?

 

[Provis]

Thank you to anyone who reads this post and offers any information that might guide me as my command doesn't know much about the process.

I am a former Marine F-18 pilot who experienced a grand mal seizure while I was on active duty in 2016. Over the course of two years I attempted to fight the diagnosis of epilepsy and attain a flight waiver so that I could continue flying but after additional seizures and medical evidence, I left the service in 2018 after my commitment was up. I received my VA disability rating of 100%, 80% for epilepsy, during terminal leave. Once I began working as a civilian I realized how expensive healthcare was so I spoke with a prior service recruiter and have been filling a billet in the USMCR where I assist Marines who are leaving active duty with their transition. It was brought to my attention that after 15 years of satisfactory Reserve service, if you cannot fulfill your primary MOS, you can be retired medically but await pay until age 60. I asked my command to start the process and was provided an NMA (Non-Medical Assessment) and told to try to call NMC Balboa to make an appointment. Unfortunately I don't know what the steps are or even what to ask for.

Can anyone shed light on the process and what I can expect?

The 15 year letter is for those separated before they can reach 20 good years but have at least 15 good years. So if you are still in the Reserves you need to continue service. If unfit for service in the Reserves they will find you unfit and kick you out. If you accept severance you waive the right to get the 15 year letter.

You may have a case that you should have been enrolled into IDES when you were serving on active duty and that you should have been medically retired depending on if your conditions are service connected either by being active duty for 8 years by known cause or by the condition being permanently aggravated.

@Jason Perry

 

[VMFA187]

The 15 year letter is for those separated before they can reach 20 good years but have at least 15 good years. So if you are still in the Reserves you need to continue service. If unfit for service in the Reserves they will find you unfit and kick you out. If you accept severance you waive the right to get the 15 year letter.

You may have a case that you should have been enrolled into IDES when you were serving on active duty and that you should have been medically retired depending on if your conditions are service connected either by being active duty for 8 years by known cause or by the condition being permanently aggravated.

@Jason Perry

Understood - I just passed 15 satisfactory years.

Yes, I believe I probably should have been medically retired when I was on active duty as I had eleven years of active service. The VA stated that the condition (epilepsy) was service connected.

Would the latter result in me drawing a retirement upon the decision made by the board after the process vice waiting until age 60?

 

[robins]

That's really strange that they allowed you to leave without going through a med board. I would think that Epilepsy or seizures would require one, especially if you can't obtain a waiver.

If you go through a medboard and are found unfit for service due to your condition or symptoms and are rated 30% or above, you become medically retired and the benefits are just as if you retired at 20 yrs. You would draw benefits immediately versus waiting until 60.

At this point, if you think you should have been medically retired and gone through a med board and IDES (disability evaluation system) you would have to apply to the BCMR or Federal court. BCMR has a statute of limitations of 3 yrs but can waive it in the "interest of justice." They get to decide what that means. Fed court has a statute of limitations of 6 yrs (that is a very firm deadline).You would have to prove at the time of separation you were unfit and that the service made an error in not processing you through DES.

Also, just for awareness, they assume the military did nothing wrong so it's on you to prove the error or injustice.

 

[Provis]

Understood - I just passed 15 satisfactory years.

Yes, I believe I probably should have been medically retired when I was on active duty as I had eleven years of active service. The VA stated that the condition (epilepsy) was service connected.

Would the latter result in me drawing a retirement upon the decision made by the board after the process vice waiting until age 60?

So since you are 100% VA I don't see a path for more compensation since your VA disability would offset any pension from medical retirement. Since you have 15 good years you can have Tricare at age 60 if they kick you out for medical in the Reserves. So the question is whether its worth it to do a BCMR that may take a couple years to get retro medical retirement for the sole purpose of getting Tricare coverage until you reach the age of retirement for a non regular retirement from the Reserves. Hope that clarifies it in terms of outlook!

 

[VMFA187]

So since you are 100% VA I don't see a path for more compensation since your VA disability would offset any pension from medical retirement. Since you have 15 good years you can have Tricare at age 60 if they kick you out for medical in the Reserves. So the question is whether its worth it to do a BCMR that may take a couple years to get retro medical retirement for the sole purpose of getting Tricare coverage until you reach the age of retirement for a non regular retirement from the Reserves. Hope that clarifies it in terms of outlook!

I was under the impression that if retired medically from the reserves, that while you don't receive pay at age 60, you do receive Tricare immediately. Is that not accurate?

 

[Provis]

I was under the impression that if retired medically from the reserves, that while you don't receive pay at age 60, you do receive Tricare immediately. Is that not accurate?

I am not aware of that. Doesn't mean it isn't true but I've never heard of that before.

 

[chaplaincharlie]

Given your VA rating while on terminal leave and diagnosis, I believe you can file with Board of Correction for Military Records for medical retirement. The process takes years and has no guarantees.

 

[JAMP7380]

Given your VA rating while on terminal leave and diagnosis, I believe you can file with Board of Correction for Military Records for medical retirement. The process takes years and has no guarantees.

Years?

 

[chaplaincharlie]

Years!

 

[Jason Perry]

I am a former Marine F-18 pilot who experienced a grand mal seizure while I was on active duty in 2016. Over the course of two years I attempted to fight the diagnosis of epilepsy and attain a flight waiver so that I could continue flying but after additional seizures and medical evidence, I left the service in 2018 after my commitment was up. I received my VA disability rating of 100%, 80% for epilepsy, during terminal leave.

This response is before your direct questions. But, seems to me you were unfit when you left active service. You might consider filing an application with the Board for Correction of Naval Records.

You can do this on your own. You might be better served by having the assistance of a lawyer.

It was brought to my attention that after 15 years of satisfactory Reserve service, if you cannot fulfill your primary MOS, you can be retired medically but await pay until age 60. I asked my command to start the process and was provided an NMA (Non-Medical Assessment) and told to try to call NMC Balboa to make an appointment. Unfortunately I don't know what the steps are or even what to ask for.

The provision of law that allows this is possible for reservists or National Guard members. I would need a lot more details to offer input on this angle.

My thought is that you have a good case for disability retirement based on your active service.

 

[Jason Perry]

There are a lot of issues and possible entitlements that may make it very advantageous for you getting a military retirement . I am not clear at all about all of the facts of your case. And I am not sure at all about the statement by my (great and very knowledgeable friend Provis) that you don't have some or much to gain by being retired for disability even with a 100% disability rating. (For many folks, achieving a 100% disability rating from the VA results in a few or none additional compensation; however, depending on your grade at separation, I suspect that you would do well to get a retirement finding...this is aside from the healthcare benefits you referenced in your earlier posts).

Bottom line, if you don't ask for the relief you think you are due, you won't get it.

I hope this was helpful. Best of luck to you!

 

[VMFA187]

There are a lot of issues and possible entitlements that may make it very advantageous for you getting a military retirement . I am not clear at all about all of the facts of your case. And I am not sure at all about the statement by my (great and very knowledgeable friend Provis) that you don't have some or much to gain by being retired for disability even with a 100% disability rating. (For many folks, achieving a 100% disability rating from the VA results in a few or none additional compensation; however, depending on your grade at separation, I suspect that you would do well to get a retirement finding...this is aside from the healthcare benefits you referenced in your earlier posts).

Bottom line, if you don't ask for the relief you think you are due, you won't get it.

I hope this was helpful. Best of luck to you!

Typical - It has been eight months since any resolution. My unit is now considering putting me on Medical Retention Review Placement and I have selected the option that states that my diagnosis occurred during active duty and I was discharged without a fitness for duty determination which will require a submission to the Board for Corrections of Naval Records (BCNR) to correct the action.

My questions are as follows if anyone can help:

1) Would this process put my VA Disability Rating at risk? I initially was rated at 100% combined, with 80% being the primary issue, but not listed as Permanent and Total. The rating was upgraded to 100% Permanent and Total after my most recent VA exam. If so, I would prefer to drop to the IRR and finish my final four years getting points for classes as I understand my wife and daughter would now qualify for CHAMPVA.

2) I was an O-3 when I separated in 2018 before my VA decision was made - I was twice passed for O-4 due to not completing USMC PME (I completed USAF PME because I had planned to go to the Air National Guard upon leaving the Marine Corps). The initial pass at O-4 occurred over a year after I experienced my first seizure which removed my flight status and the second while I was still trying for a waiver. After EASing, I picked up O-4 as a Reservist - Would that cause any additional complications to this process? I believe I have read that medical retirements cannot occur for those who are twice passed for promotion.

3) Will my family continue to receive Tricare Reserve Select when on MRR?

Thank you very much for any comments or guidance. It is incredibly difficult navigating these waters with nearly zero assistance and providing source documents to your own command.