Navy reservist, 80% VA rating returned, sent to "MRR", now what?

Hello all,

I served 5 years Navy AD and received honorable discharge 2017 as an O3. I joined a reserve unit after leaving AD and started drilling, but my VA rating came back 80%. Mostly mental health. At my annual physical this came to light and the doctor flagged me for MRR (medical retention review). Realizing I would be non-deployable I requested to transfer to IRR (inactive reserves). However, since I'm in "MRR" status, they cannot process me to IRR. I'm stuck.

Medical gave me a couple eval packets for a primary care doctor and also mental health doctor to fill out and return to my reserve unit. It seems similar to the C&P exam I had at VA. Since the VA is my primary health care provider, I'm hesitant to go through all this again and then have my VA rating changed somehow.

Now that I'm looking into this, it sounds like there is potential for the medical retirement since all the damage was done active duty.

Is anyone familiar with the MRR / PEB process reserve sided?
Am I actually a candidate to get a medical retirement since I'm now a reservist, or will I be putting myself through a ton of BS, potentially risking my VA rating, for nothing?

Thank you
 
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1.) Not likely you are risking you VA rating.
2.) If you were rated 80% by the VA, then basically drilling for retirement points.
3.) You should try to request a MEB.
 
#2 is not really the case. VA disability is prorated per day. You still receive drilling/mil pay also, you just can’t receive both on the same day. You do not have to elect one or the other.

No risk to your VA rating.

If a disability or more than onedisability rated unfit by the MEB board is service connected and equals 30% or more, you will be medically retired just as though you were medically retired on active duty.
 
golfrnut said:
#2 is not really the case. VA disability is prorated per day. You still receive drilling/mil pay also, you just can’t receive both on the same day. You do not have to elect one or the other.

No risk to your VA rating.

If a disability or more than onedisability rated unfit by the MEB board is service connected and equals 30% or more, you will be medically retired just as though you were medically retired on active duty.
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I was only drilling because I wanted to serve still, not for money. So that’s why i went to switch IRR when I realized I was non deployable. I had no idea of this medical retirement from reserves until someone recently mentioned it.

Now I’m in non drilling status with the MRR pending.

I briefly pursued treatment at VA last year, but it is so cumbersome and never helpful I stopped. Now I can’t even get an appt at VA for these evals to get filled out.

I’m 70% MDD/Anxiety. Have had 0 improvement since leaving AD.

When evals go to MRR board, if found unfit I request PEB? Should I withdraw my pending IRR request?
 
One of the unfortunate issues when leaving active duty and joining the reserves is that you will essentially be presumed "fit for duty" when you join. In order for them to offer you a contract, you had to have been medically fit.

Since you filed for a VA claim after you joined the reserves, the position the reserves often takes is that the condition is not in the line of duty. You may find yourself fighting a uphill battle to get the LOD completed and a MEB initiated.

One thing that is positive, is the fact that you left active duty in 2017 and was found to have a disability right after leaving. Perhaps you should have been given a MEB prior to discharge and it was overlooked, not evaluated or not even considered? You may have a strong case to request a discharge upgrade through the board of corrections.
 
If you are found unfit by the board, you would either be seperated or medically retired depending on the percentage, the request to go IRR will essentially be null and void.

There are two avenues I would personally take concerning the medical documentation. Ask the VA to be seen through the CHOICE program if they are not able to schedule you a visit in an ample amount of time (believe it’s 30 days) or if the milage to the closest facility is over 50 miles. Two, persue the unit putting you on MEDCON orders to be evaluated while on orders.
 
gsfowler said:
One of the unfortunate issues when leaving active duty and joining the reserves is that you will essentially be presumed "fit for duty" when you join. In order for them to offer you a contract, you had to have been medically fit.

Since you filed for a VA claim after you joined the reserves, the position the reserves often takes is that the condition is not in the line of duty. You may find yourself fighting a uphill battle to get the LOD completed and a MEB initiated.

One thing that is positive, is the fact that you left active duty in 2017 and was found to have a disability right after leaving. Perhaps you should have been given a MEB prior to discharge and it was overlooked, not evaluated or not even considered? You may have a strong case to request a discharge upgrade through the board of corrections.
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Have made the same transition he has and in somewhat of the same situation (AD literally lost MRI reports that should have probably initiated MEB over 10 years ago), the AFRES side won’t get much of a say. Even beibg AFRES currently, my package is headed to the active duty side of the house for processing. Can’t say all braches are the same in that regard, but that’s where mine is headed. No LOD also. Med records and VA disability already concluding “service connected” kind of makes that a bit trivial at this point.
 
What was noted on your separation physical?
 
I'm 80% SC, not sure why I would need a LOD letter? 3 years of mental health treatment AD. Direct to reserves. Every condition's on my separation physical, they rubber stamp those on the way out. I did VA C&P exam 2 weeks after leaving AD, everything disclosed there was consistent with my AD treatment records.

What happens is the reserve PHA (physical) asks if you have a VA rating and what it is. When I put 80%, the examiner started asking many questions and I was immediately tagged MRR.

VA is reluctant to do any paperwork, evals, anything related to the Reserve requests. I can't even get an appointment, they told me last week to drop the papers off, they will look at them.
 
Where does a MEB fall in this process? Is this the same or different as the MRR?
 
Provider would refer you to the dog, DAWG initiates MEB process.

Not surprised the VA would act that way. LOD/MEDCON orders might be the way to go. I personally would not come out of pocket for anything they want.
 
123go said:
So it sounds like the MRR is the same as a MEB?
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No, it is a step or two before referral to MEB. It is the Navy equivalent of the DAWG (Air Force term mentioned above). Here is an article that explains it, begins on page 3.

https://www.public.navy.mil/nrh/Publications/2011/maytnr11.pdf

The process of the Medical Retention Review (MRR) program is often misunderstood by Navy Reserve Sailors. In order to continue serving, every Sailor is required to be medically ready for deployment at any time. Navy Reserve Sailors are required to meet physical standards for retention in the Navy Reserve as set forth in the Manual of the Medical Department. The manual also states if a Reserve member develops a potential disqualifying medical condition, the Navy Operational Support Center (NOSC) commanding officer (CO) will place them in an MRR status. While in an MRR status, the NOSC CO may allow the member to continue to drill, transfer to the volunteer training unit (VTU), or grant authorized absences.

In order to complete the MRR process, the member provides all medical records related to the identified medical condition. It is important the medical records include current information and historical documentation if the condition is chronic or ongoing. The NOSC medical department representative assembles the documents and the COs non-medical assessment and forwards via the chain-of-command to the Bureau of Medicine and Surgery (BUMED) qualifications and standards office. BUMED’s retention recommendation is then forwarded to the Medical Hold, Line of Duty and Physical Risk Classification Branch (PERS-95) at the Navy Personnel Command. PERS-95 will complete the final assignment of a physical risk classification (PRC). There are five PRCs that may be assigned:

PRC A is for members who have a minor medical condition and are fit to continue Naval service. The member is generally considered to be world-wide assignable (WWA).

PRC B is for members fit to continue Naval service but have a medical condition that may limit being WWA. PERS-95 policy dictates the member may not complete orders exceeding 30 days or go overseas without a waiver.

PRC C is for members in the Individual Ready Reserve with an identified medical condition documented during an annual muster which requires additional clarification if chosen for mobilization.

PRC 4 is for members who have a medical condition that may be disqualifying but additional information is required by BUMED or PERS-95 to make a determination. Navy Personnel Command will withhold final determination of the physical qualification for a maximum of one year pending submission of additional medical information. Members assigned this classification will normally be directed to transfer to the VTU and are not eligible for mobilization.

PRC 5 is for members who have a medical condition unfitting for continued Naval service. PERS-95 will direct the transfer of the member to the VTU pending final determination of the case. Members assigned this classification may accept involuntary discharge, retire if eligible, or request fitness determination by a physical evaluation board.

When the MRR process is completed, the assigned PRC is noted in the member’s medical record and the NOSC will update the member’s mobilization availability status code to reflect any restrictions. Members are required to submit medical documentation to their NOSC MDR for any new condition or for significant changes to an existing condition that might affect mobilization readiness or the ability to perform duties. If a member wishes to contest the assignment of a PRC, additional information may be submitted to PERS-95 via BUMED.
 
So if I'm PRC 5, I can resign or request a PEB according to MILPERSMAN 6110-020 and MILPERSMAN 1910-168.

So where does the MEB factor in?
 
123go said:
So if I'm PRC 5, I can resign or request a PEB according to MILPERSMAN 6110-020 and MILPERSMAN 1910-168.

So where does the MEB factor in?
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Just curious as to what was the outcome of your situation since mine is similar. Did 11 years active duty, and recently got found NPQ with not ratings from the dod. Currently rated 100% through the Va which is what flagged me but Ive been a minimum 70% since I got off of active duty. Also do not have a LOD. I am trying to get one but got told this morning that I cannot request a LOD while going through the mrr. I am being told that they are 2 separate programs. I am waiting for a definite answer.
 
GregD said:
Just curious as to what was the outcome of your situation since mine is similar. Did 11 years active duty, and recently got found NPQ with not ratings from the dod. Currently rated 100% through the Va which is what flagged me but Ive been a minimum 70% since I got off of active duty. Also do not have a LOD. I am trying to get one but got told this morning that I cannot request a LOD while going through the mrr. I am being told that they are 2 separate programs. I am waiting for a definite answer.
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Hi, my situation is similar to yours. 11 years AD, 6 years Reserves. Currently 90% VA rating. I went through MED Board, and found not fit for duty, since I'm over 15 years I was offered normal retirement. (Age 59) to start collecting. I requested PEB and was never told to get a LOD. Just received their decision the other day. Since I never had the LOD done they marked me fit for duty. So now I have an attorney and I have to get a LOD done hopefully before my formal board in about a month. So in your case after the MRB and before the PEB get the LOD done. I've been going through this for a year now. To receive medical retirement you would need to be 30% or more DOD disibility. Not all disibilitis are ratable. For example I have sleep apnea 60% VA rating, but DOD doesn't rate it for medical retirement. Things like PTSD, surgeries like hip surgery, or IBS are things they will rate.
 
Update:


So the MRR finally came back, I was found PRC 5 (unfit to serve). At this point I should be requesting a PEB, with the intent to qualify for medical retirement, correct?

Also will I need to get a LOD even though this is due to my 80% VA rating?
 
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If you dont have an LOD in place showing your Injuries occurred while on orders, the PEB is a huge waste of time. I just found that out the hard way. The board will find you fit for duty regardless of any medical proof if you dont have an LOD with a Percent of disibility. I'm currently 100 VA. What you need to do is request an LOD. You will be assigned a PEBLO who will represent you. KEEP IN MIND, the LOD will only assign a rating that prevents you from doing your military job. I will most likely be given 30 percent DOD Disibility with medical. An LOD cannot be processed while MRR or formal/informal board are underway. If you find yourself in the middle of PEB without an LOD. Worry not, because when they find You "FIT FOR DUTY" The military by law cannot separate you nor prevent you from reenlisting or extending. At that point if your contract is ending you should extend or reenlist so that you may submit the LOD. By law the LOD board must assign you a rating ranging from 0% to 100% by the way 30% is the magic number so that you can collect VA and retirement simutanious. Good luck!
 
Update:

My reserve unit is refusing to draft an LOD since it is from my time on active duty. I am found NPQ-RNR. I have to elect for the PEB by next week, which as I understand will get me nowhere without an LOD.

How can I demand an LOD or equivalent so that this is properly adjudicated?
 
Some injuries have a time limit. What is your Injury?? One of my injuries was a knee patial meniscus tear back in 2001. My unit told me the Injury occurred on active duty and should have been filed long ago, so I didnt put that in. PTSD does not have a timeframe since the symptoms can occur years later. Additionally secondary symptoms of PTSD can be IBS. Also if you take medication for PTSD the side effects can be a secondary I juries and can be requested for LOD. So 2 things, what injuries do you have?? And most importantly I would ask your unit to show you the instruction stating they cant request a LOD. More than likely you will need to contact the Inspecter General for your area. Your unit does not care about you and your best interest, remember that. the IG at least will force your unit to do their job.
 
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