Is it the CoC forcing the date or is it his original ETS date coming up soon? Please imbellish more info so I can advise.
JBER case timeline
- Thread starter Weapons loader
- Start date
He has been in the MEB process for over 2 years now so that might play a role in his case. I can't remember what section the lady worked in, but it is not in the CoC. I asked her based on my own situation compared to his and she just said it depends on the date selected, but most Soldiers have to be out within X days even if they have more terminal leave. I said I have 60 terminal leave days saved and she says typically 30ish is allowed plus PTDY (we are "overseas" in Alaska). So she told me I would most likely have to sell leave days.
That really sucks, selling back leave only pays you base pay, each month I sell back I lose COLA/BAH which comes to around 3k a month tax free, considering I'll have around 100 days that's a lot of cheddar.
Remember you will also be taxed at 25 or 27 percent on the sell back leave.
So I had my physical C&P today and it took approximately 4 hours. I think it went well but I'll find out soon enough. Half the appointment was spend in the doctors office going over my medical records. Now I have been thoroughly reviewing my records for the past month and half, I have outlined my conditions on an excel spreadsheet showing dates of treatment and diagnosis's, so I was very familiar with what was in my records, even so I had a couple arguments with the doctor about what was actually stated in my records, both times he was wrong and eventually found what I had told him was in there. So know exactly what is in your records when you go in because from what I gathered the doctors skim your records, especially in a case like mine where there are 800 pages, they do not have the time to review that many pages in depth. Also be prepared for the same question to get asked but in a different way, for example mine were about my limitations and descriptions of my pain.
Now my number one and most debilitating condition is my back/neck, I took every opportunity to let him know how this affected my life in a negative way, what I can't do both career wise and in my personal life as a result of this injury. I didn't lie, but physically I can't do anything other than spend 4 hours a day at work and I no longer pursue ANY of my previous hobbies. I was a top triathlete regionally prior to my injury as well as an avid hunter and fisherman, I did a lot of wood working and working on my vehicles, now I sit in my recliner and watch TV.
The physical was straight forward, I was very prepared thanks to this website. My ROM test on my back essentially wasn't performed. I attempted to make the movements but wasn't able and I wasn't pressured to bend past where I felt pain, he also used the gauge. Also I made sure to state in my interview that before the physical that I wasn't able to bend or extend in any direction without extreme pain. Granted I have had 5 previous surgeries and had a sixth one schedule when my MEB started, that one was for a spinal cord stimulator. I made the rest of my movements to best of my ability, I also didn't take my pain meds this morning. Following the appointment I was sent over for xrays, because the doctor thought that my wrist was more severe than what he had read in my records. Maybe I had a good doctor, maybe I'm being too optimistic, but I will post the results when I get them. I am hoping for at least a 40% rating on my back, I might actually fall into the 60% rating considering my lumbar, thoracic, and cervical sections are all involved and I have no ROM and can not stand up straight. I hope others can read my experience and benefit from it.
-Shawn
Now my number one and most debilitating condition is my back/neck, I took every opportunity to let him know how this affected my life in a negative way, what I can't do both career wise and in my personal life as a result of this injury. I didn't lie, but physically I can't do anything other than spend 4 hours a day at work and I no longer pursue ANY of my previous hobbies. I was a top triathlete regionally prior to my injury as well as an avid hunter and fisherman, I did a lot of wood working and working on my vehicles, now I sit in my recliner and watch TV.
The physical was straight forward, I was very prepared thanks to this website. My ROM test on my back essentially wasn't performed. I attempted to make the movements but wasn't able and I wasn't pressured to bend past where I felt pain, he also used the gauge. Also I made sure to state in my interview that before the physical that I wasn't able to bend or extend in any direction without extreme pain. Granted I have had 5 previous surgeries and had a sixth one schedule when my MEB started, that one was for a spinal cord stimulator. I made the rest of my movements to best of my ability, I also didn't take my pain meds this morning. Following the appointment I was sent over for xrays, because the doctor thought that my wrist was more severe than what he had read in my records. Maybe I had a good doctor, maybe I'm being too optimistic, but I will post the results when I get them. I am hoping for at least a 40% rating on my back, I might actually fall into the 60% rating considering my lumbar, thoracic, and cervical sections are all involved and I have no ROM and can not stand up straight. I hope others can read my experience and benefit from it.
-Shawn
So I asked for more clarification and his answer to me was that he has 90 days from the day they recieved his percentages to be out of the military and it takes around 30 days to have everything signed and finsih clearing which left him with 60 days for terminal leave and PTDY.
This is what I was told initially by one PEBLO, it's the TSgt for those of you also at JBER, but then when I asked the lead PEBLO, the civilian she told me I could take all my leave. I told her it would be close to 100 days and she said no problem. So when my percentages come back, it will take approximately 2 weeks for orders, 100 days of terminal leave and then 30 days of permissive TDY from the Commander. That really pushes my retirement/separation date out, which is fine considering the amount of money that I would lose selling back leave.
From what he said it was that he MUST be out in 90 days no questions asked. It seems weird that there are variations on the answers, he was also told he was only entitled to 20 days PTDY.
The PTDY depends on if you're CONUS or overseas from what I've been told. 20 days for CONUS and 30 for OCONUS. Since Alaska is considered OS then I get 30, with approval from the Commander.
Yeah we are at Wainwright and my Soldier was told he could only have 20 days.
While they might withhold 25-27% for taxes, the amount of taxes you will actually pay depends on you taxable income for the year and the reduction of tax liability via tax credits. It is possible you do not pay any tax and get the entire withholding back in your tax return.
Mike
Interesting, I had not heard that before.
New rules are you get 90 days from the MEB Separation brief, not sure why they are saying 90 from date of receipt of ratings...
If that's true then there is no way I'll be able to take all of my leave.
I know I have always heard 90 is the max, but rarely will someone be granted it for terminal leave. Considering your only suppose to carry 60 days of leave, unless they changed the rules again with deployments.
You were able to carry 75 this fiscal which I did, I carried 74 over, the leave rules don't change until next fiscal.
Quick update on my MEB, the PEBLO sent my exam reports over to my PCM to see if he wanted to add anything as unfitting, so I ended up with a copy of the report. I was quite irritated to say the least. Although my back will rate out at 40% due to IVDS with 6 weeks of incapacitating episodes this year, the ROM were all bullshit. I performed 2 movements only once, I attempted to bend at the waist and to do the extension, neither of which I could perform. The doc said no worries and pressed on. Come to find out he had measurements in all the areas and stated I performed them all 3 times, 4 if you count the one you do prior to measurements being taken. I was livid, I called the VA patient advocate, who told me she couldn't help but gave me the number to the VA IG, I called them and they said they couldn't help because I wasn't a veteran. So I currently have a message into my lawyer down in San Antonio.
In addition he downplayed my sciatica and wrote that I had no wrist arthritis which was one of my additional conditions, but that it was instead a ganglion cyst. I have a large lump on my left wrist that was diagnosed as a ganglion years ago, but this year I was referred to ortho who said it was bone and that it was arthritis. All the idiot did was look at the earlier records that said cyst, I told him the records were in there and that I had read them and they said carpal arthritis, but the idiot refused to look. I had almost printed my records and taken them with me, in hindsight I wished I had. I will update when I have more info. On the upside my PCM is adding sciatica as unfitting even if it's only considered mild.
In addition he downplayed my sciatica and wrote that I had no wrist arthritis which was one of my additional conditions, but that it was instead a ganglion cyst. I have a large lump on my left wrist that was diagnosed as a ganglion years ago, but this year I was referred to ortho who said it was bone and that it was arthritis. All the idiot did was look at the earlier records that said cyst, I told him the records were in there and that I had read them and they said carpal arthritis, but the idiot refused to look. I had almost printed my records and taken them with me, in hindsight I wished I had. I will update when I have more info. On the upside my PCM is adding sciatica as unfitting even if it's only considered mild.
So just as an update my Ebenefits updated yesterday to "Requested separation documents," which my PEBLO confirmed as the process with the VA is complete, and my DD-214 is being prepared. Waiting on the Army to "download," the official VA paperwork along with the ratings. My wait is almost done after 93 days at the VA, much faster than I expected. Hopefully others waiting will have good news soon.
Indeed, this sounds all too familiar as to why I am still within the DoD IDES process some 14 + months later via the MEB/PEB appeals process with the scheduling of my second formal PEB hearing forthcoming soon!
Nonetheless, never default acceptance to potential injustice and always remain positively proactive throughout all interactions in order to potentially ensure favorable outcomes in my opinion!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
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