Dual Status Technician with 100% P&T VA Disability

[IronCity]

Hello Folks,
I'm searching for some answers to some questions if anyone could help me that would be great. I'm a dual status technician and receiving 100% P&T VA disability. I'm still currently in the ANG on a waiver (Non-deployable) AICD in place after a sudden cardiac arrest. Still to date I never had a formal MEB, just a RILO (Review In Lieu of). Is there a regulation that states I can no longer perform my Drills for the Air National Guard, if above a certain percent? Would it be better to continue to stay in and work while on my waiver and collect both my technician pay check and my VA check? Or can I request a formal MEB to see if they would disqualify me unfit for military duty and medically discharge me, that way I could collect a FERS disability? My case seems very different from other cases that I have been reading up on. Thanks for any help that you can provide to me. Regards, Chris

 

[gsfowler]

There is no rule that I know of that will keep you from attending drill and/or going to work as a dual status technician unless you were medically retired from reserve status.

If your dual status job requires that you are also TPU (or M-Day) then you may no longer be eligible for employment and need to draw your FERS disability retirement.

If you do collect TPU (M-Day) battle assembly (drill) pay, then it will be offset from the VA C&P amount that you are currently receiving.

If you are having difficulty performing the tasks that are tied to your guard/civilian job because of your cardiac issues, you should consider a MEB.

 

[IronCity]

Thank you for the reply. My Base to this day has still never sent my through a MEB, the only thing they have done was a RILO (Review In Lieu Of). So basicly they take all my medical paperwork along with my Doctor's letter and my Commander's Letter and send in to the NGB and they review it and deceide if they want to keep me on a waiver ALC C-3 or give me a medical discharge.