Staying on orders for MEB
- Thread starter mxracer13
- Start date
I'm in the ANG also and waiting to hear from the IPEB for a LOD. I'm not, nor have I been kept on orders throughout the MEB. The only reference I've found is in AFI 36-3212, dated 2 FEBRUARY 2006, Chapter 8, paragraph 8.6.
Good Luck, I'm curious about the correct answer.
Good Luck, I'm curious about the correct answer.
Golden
I was on Title 10 AD when I was injured at worked. I had a LOD and was going thru the MEB process. I was kept on orders (it was a fight at times) for 2 1/2 years until the FPEB retired me. They took me off orders for a three month period well actually 7 but then realized I was right and I got the back pay for 4 of the months. I am now filing with the BCMR to get the other three back.
You are supposed to be kept on orders until the completion, I just can't remember the reg I had found it in
Good luck
I was on Title 10 AD when I was injured at worked. I had a LOD and was going thru the MEB process. I was kept on orders (it was a fight at times) for 2 1/2 years until the FPEB retired me. They took me off orders for a three month period well actually 7 but then realized I was right and I got the back pay for 4 of the months. I am now filing with the BCMR to get the other three back.
You are supposed to be kept on orders until the completion, I just can't remember the reg I had found it in
Good luck
Were you injured while on active duty, IDT, etc?
mxracer-- thanks for the info! I'm sure I've read the same reg, but like you, I just can't find the reference now. I'm still looking. 
and will let you know if I find it again.
RikersIsland-- Mine is a "strange case" I'm a drill status guardsman, was on a combo of Title 10 (first instance of condition cropping up), then AT orders for an ORE immediately followed by a UTA. It took 2 months to figure out that I was in need of surgery, then another 6 weeks to get it done. I've never requested or pursued being put on orders.
and will let you know if I find it again.RikersIsland-- Mine is a "strange case" I'm a drill status guardsman, was on a combo of Title 10 (first instance of condition cropping up), then AT orders for an ORE immediately followed by a UTA. It took 2 months to figure out that I was in need of surgery, then another 6 weeks to get it done. I've never requested or pursued being put on orders.
there are some good threads here on INCAP issues. just use the search tool to go through them. here's one of them that jason posted w/regs in them. i think i gave these to my unit (ait nat. guard) to show them that they were supposed to keep me on some kind of orders. here's the link:
http://www.pebforum.com/physical-di...eserve-national-guard-incapacitation-pay.html
i was injured (LOD) in 2006. they origionally kept me on month-month orders then in oct 2008 they put me on INCAP. bottom line is they have to keep you on some type of order or INCAP status if you were injured. you are just going to have to stay on top of your unit. i'd like to see the people in my unit go one day w/pay and benefits issues and see how fast things get done. this s#!t makes me crazy. remember, your situation only affects you and not them. i will add more info. as i come accross it. good luck!
http://www.pebforum.com/physical-di...eserve-national-guard-incapacitation-pay.html
i was injured (LOD) in 2006. they origionally kept me on month-month orders then in oct 2008 they put me on INCAP. bottom line is they have to keep you on some type of order or INCAP status if you were injured. you are just going to have to stay on top of your unit. i'd like to see the people in my unit go one day w/pay and benefits issues and see how fast things get done. this s#!t makes me crazy. remember, your situation only affects you and not them. i will add more info. as i come accross it. good luck!
I've been without pay and benefits since June 2008 (yes nearly a year). I ended up filing a congressional complaint after being blown off by the unit, IG, legal, and the Air Force Readiness Management Group. My package is at the Office of the Secretary of the Air Force now (all 337 pages of it). I kept every email, note, and other piece of paperwork since my injury in 2007.
I didn't catch what branch of the service you are in so the DODI is all I posted. Maybe I missed it since I just got up.
Anyway, here is the reg you are looking for
DoDI 1241.2, para 6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
You have to be your own advocate since active duty personnel simply have no vested interest in our welfare. Keep EVERYTHING. Get copies of you medical records and update them. I've had profiles, doctors, notes, etc., magically disappear since my injury in 2007.
Hang in there and IM me if you need any other regs. I researched them quite well while working on the congressional.
Jim
I didn't catch what branch of the service you are in so the DODI is all I posted. Maybe I missed it since I just got up.
Anyway, here is the reg you are looking for
DoDI 1241.2, para 6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
You have to be your own advocate since active duty personnel simply have no vested interest in our welfare. Keep EVERYTHING. Get copies of you medical records and update them. I've had profiles, doctors, notes, etc., magically disappear since my injury in 2007.
Hang in there and IM me if you need any other regs. I researched them quite well while working on the congressional.
Jim
You should read the WTU Consolidated Guidance, its a guide for those that were injured while on AD, ADT, IDT, etc. It lists what you and your command need to do.
The guidance is at the bottom of the page. Posted by Jason.
http://www.pebforum.com/army-warrior-transition-units/6833-wtu-consolidated-guidance.html
Hope this helps.
The guidance is at the bottom of the page. Posted by Jason.
http://www.pebforum.com/army-warrior-transition-units/6833-wtu-consolidated-guidance.html
Hope this helps.
Rikers,
What if you WERE on orders 30 days or more....off orders for 5 yrs now....currently drilling and seeing VA for conditions...You have medical notes from AD and drills concerning your conditions...currently PULHES of Permanent 331313. LODS are not completed by unit. I believe they were caused during the AD orders...
Such as PTSD....Unit is unsure of what date to put on the LOD?
How is that determination being made?
Would VA documentation stating a diagnosis from the AD orders establish the date??
Whats likely to happen for pay...INCAP or back on orders?
I understand INCAP can be processed before a LOD is submitted but best to have LOD submitted first? True?
THX
Jack
What if you WERE on orders 30 days or more....off orders for 5 yrs now....currently drilling and seeing VA for conditions...You have medical notes from AD and drills concerning your conditions...currently PULHES of Permanent 331313. LODS are not completed by unit. I believe they were caused during the AD orders...
Such as PTSD....Unit is unsure of what date to put on the LOD?
How is that determination being made?
Would VA documentation stating a diagnosis from the AD orders establish the date??
Whats likely to happen for pay...INCAP or back on orders?
I understand INCAP can be processed before a LOD is submitted but best to have LOD submitted first? True?
THX
Jack
Who completed the LODs then? Is the LODs completed?
You believe or you know they were caused during AD orders. Where is your medical documentation on your injury(s)? Where is your LOD?
I don't see why not.
Pay starts when orders begin. Don't think that they will back date orders. DFAS would/have to adjust pay.
I don't see how you can draw INCAP without a LOD (proof you were injured during), but someone else on here can advise you on that issue.
Hello RIKERS,
Sorry I couldnt figure out how to quote u and then proceed with a reply so my text will all be in bold.
Sorry I couldnt figure out how to quote u and then proceed with a reply so my text will all be in bold.
How long has it been since you were injured?
Thats pretty vague cause I have numerous injuries/illnesses....
My PTSD is contributed to 04 tour
I believe...when all evidence is sorted and a decision made the PTSD, Sleep, GERD, IBS, Migraines, ARM, TBI and HEARING will be connected to 04 tour...or secondary to PTSD...
Does that help???
My PTSD is contributed to 04 tour
I believe...when all evidence is sorted and a decision made the PTSD, Sleep, GERD, IBS, Migraines, ARM, TBI and HEARING will be connected to 04 tour...or secondary to PTSD...
Does that help???
And you don't have any LODs for these injures at this point? LODs should have been initiated when you noticed an issue and completed in the same year. What is your unit doing for you.
I recommend that you contact MMSO (Military Medical Support Office) Customer Service Representative at 888-647-6676 and detail your situation and seek their advise. If they cant assists you let us know.
I recommend that you contact MMSO (Military Medical Support Office) Customer Service Representative at 888-647-6676 and detail your situation and seek their advise. If they cant assists you let us know.
Rikers,
thx and gotcha..
And you don't have any LODs for these injures at this point? Correct
but u see the foundation and intricacy of this...coulda woulda shoulda.....u know with guard things arent always initiated like AD..or within the yr...
And PTSD sometimes..like for me, doesnt manifest for yrs after exposure.....
If u evr have time read some of my posts.....Ive been readin the posts and learnin....
Have u seen any other vet with similar situation????
I havent seen any mistakes that guard has made..that could screw me..as of yet...but prefer to continue to learn and walk the dog in case he goes astray??
Ill call that #. I have called wounded warrior hotline. Its good info if u dont know chit and havent started the meb process. But for me they didnt have any help for me at my stage...They dont have advice for planning prior to entering DES/ MRB. Thats a problem Jason and other have addressed over n over...We need advice for planning and taking the right steps before the mistakes r made
JACK
thx and gotcha..
And you don't have any LODs for these injures at this point? Correct
but u see the foundation and intricacy of this...coulda woulda shoulda.....u know with guard things arent always initiated like AD..or within the yr...
And PTSD sometimes..like for me, doesnt manifest for yrs after exposure.....
If u evr have time read some of my posts.....Ive been readin the posts and learnin....
Have u seen any other vet with similar situation????
I havent seen any mistakes that guard has made..that could screw me..as of yet...but prefer to continue to learn and walk the dog in case he goes astray??
Ill call that #. I have called wounded warrior hotline. Its good info if u dont know chit and havent started the meb process. But for me they didnt have any help for me at my stage...They dont have advice for planning prior to entering DES/ MRB. Thats a problem Jason and other have addressed over n over...We need advice for planning and taking the right steps before the mistakes r made
JACK
Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Jack,
The problem you are having with getting an LOD is pervasive. I see it all the time. This is a huge issue and it annoys the hell out of me.
This issue is a bit different, but of a similar vein as my post on the military not implementing the Independent Medical Advisor law. In that case, the military has failed to publish regulations. With this issue of LOD's, there are clear regulations requiring the military to investigate and make Line of Duty determinations. The local commands and organizations are just not following the rules.
This is on my list of things to go after. But, as you will see from the reply that I am about to post to your question about some of the other guys in your unit, I am more focused on the Reserves and National Guard units just separating Soldiers for being "unfit" or being "medically unacceptable" without referring them to the MEB/PEB for a determination of benefits.
The problem you are having with getting an LOD is pervasive. I see it all the time. This is a huge issue and it annoys the hell out of me.
This issue is a bit different, but of a similar vein as my post on the military not implementing the Independent Medical Advisor law. In that case, the military has failed to publish regulations. With this issue of LOD's, there are clear regulations requiring the military to investigate and make Line of Duty determinations. The local commands and organizations are just not following the rules.
This is on my list of things to go after. But, as you will see from the reply that I am about to post to your question about some of the other guys in your unit, I am more focused on the Reserves and National Guard units just separating Soldiers for being "unfit" or being "medically unacceptable" without referring them to the MEB/PEB for a determination of benefits.
Jason,
Im waiting for unit Co to sign 3 LODs. He has had them a week. The medic that was put in charge of completed told me they r completed corretly. And they had all the paperwork they needed to complete them.....SMRs and VA paperwork. Thye have a computer template issued from state to go by that is dummt proof when completting LODs correctly. That sounds good. I havet seen the 3 LOD copies but u better believe I will and post here for opinions.
How long would u wait to do somtin if he hasnt signed them?
I dont want this to drag out cause INCAP will hinge on these LODs. Im starvin here while the paperwork is sittin on desks. Im assuming I wont get any back pay on the INCAP so if its not approved for 6 months thats how much time I have to do w/o.
Also will have AT this week and doing SRPS so if CO hasnt signed the LODs then isnt it obvious there is some draggin the feet?
What plan do you suggest for the getting the INCAP process going?
If there is some dragging feet I might ask u to intervene.
THX
Jack
Im waiting for unit Co to sign 3 LODs. He has had them a week. The medic that was put in charge of completed told me they r completed corretly. And they had all the paperwork they needed to complete them.....SMRs and VA paperwork. Thye have a computer template issued from state to go by that is dummt proof when completting LODs correctly. That sounds good. I havet seen the 3 LOD copies but u better believe I will and post here for opinions.
How long would u wait to do somtin if he hasnt signed them?
I dont want this to drag out cause INCAP will hinge on these LODs. Im starvin here while the paperwork is sittin on desks. Im assuming I wont get any back pay on the INCAP so if its not approved for 6 months thats how much time I have to do w/o.
Also will have AT this week and doing SRPS so if CO hasnt signed the LODs then isnt it obvious there is some draggin the feet?
What plan do you suggest for the getting the INCAP process going?
If there is some dragging feet I might ask u to intervene.
THX
Jack
Jason,
Also just got off phone with state LOD guru..Inquired on update with my MRB packet and the LOD process. He stated LODs have to been completed and received by state before anything regarding INCAP is done.
He also was hesitant on asnwering q/s on INCAP. He said first step with INCAP after receiving LOD is to have employer complete forms. I told him its been awhile since Ive been unemployed. He seemed to not know what to say.
How would you go about this if state is focusing on MY/AN EMPLOYER and not on my unemployment that is caused by my injuries/illnesses/diseases?
I know the employer paperwork focuses on what the pay is, job performance, etc. As you stated according to regs it doesnt matter if you are employed currently or not if you are unable to obtain employment. Correct?
THX
JACK
Also just got off phone with state LOD guru..Inquired on update with my MRB packet and the LOD process. He stated LODs have to been completed and received by state before anything regarding INCAP is done.
He also was hesitant on asnwering q/s on INCAP. He said first step with INCAP after receiving LOD is to have employer complete forms. I told him its been awhile since Ive been unemployed. He seemed to not know what to say.
How would you go about this if state is focusing on MY/AN EMPLOYER and not on my unemployment that is caused by my injuries/illnesses/diseases?
I know the employer paperwork focuses on what the pay is, job performance, etc. As you stated according to regs it doesnt matter if you are employed currently or not if you are unable to obtain employment. Correct?
THX
JACK