Fed up with waiting.... Voluntary separation before findings?

Pulled this from the MARCORSEPMAN
MARCORSEPMAN 1900.16-8305
SEPARATION AND RETIREMENT FOR PHYSICAL DISABILITY
Responsible Office: MMSR-4
Phone: Comm: (703) 784-9308/9309/9321
DSN: 278-9308/9309/9321
Reference: (a) Title 10, U.S.C.

*8305. VOLUNTARY SEPARATION AT EAS BEFORE COMPLETION OF FINAL ACTION ON PHYSICAL DISABILITY PROCEEDINGS

If a Marine requests separation before final action by the Secretary of the Navy, the Marine will be instructed that separation before that time may prejudice any future claim for disability benefits. No page 11 entry is required if the Marine requests separation. The Marine will draft a letter requesting discharge with an acknowledgement of the consequences of this request. This letter must be dated and signed by the Marine and witnessed by a judge advocate before actual separation. This letter shall be forwarded to the CMC (MMSR-4) with command endorsement for approval and inclusion into the Marine’s Physical Evaluation Board package.
 
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I've run into some who did this in the Army. Extensions to finish the medical process are voluntary, so it is ultimately your choice to not extend and just get out. You are saving a few months of time in exchange for benefits that could last your lifetime, so it is awful hard to recommend this course.
 
VA Benefits would be given to me because the claim is already done. Correct? I am just waiting for DOD benefits. I can not draw concurrent paychecks from both. So would I only be losing out on Medical if i am above 30%?
 
Retirement's primary benefit is the health insurance. Some other smaller ones, id card for base services, space-a travel, things like that. It will also make you ineligible for CRSC. There is also questions about how laws might change in the future (there are those pushing for CRDP for med discharges).

My understanding is the VA claim will become FUBAR if you cancel the med board. You'd think the VA would be able to keep working the same claim, but I have read reports of that not being the case. My understanding is you will have to restart the claim under the benefits at discharge program, which is intended to make sure the VA money starts a few months after discharge, same as the med board people.
 
Not worth the risk. You may have three months more to go, do you really want to miss out on a lifetime of benefits?
 
That is not comforting at all... lol I might have 2 weeks left not 3 months. I am just frustrated and my future employer is basically waiting on me to start some major IT projects that they hired me for. My target start date was February 15th because my PEBLO had told me I should get my results back in December so I planned pretty far out. And here I am about to lose out on a 6 figure position if I can not get out soon enough.
 
Based on your timeline, it looks like you are VERY close to receiving the findings. For reference, the VA closed my husband's claim on 15 December and he received his findings on 3 Feb.

Some of the benefits may not seem worth it right now, but hindsight is always 20/20. I think you should hang in there.
 
My good buddy did this... they still page 11'd him. Keep in mind it takes time for that process to play out aswell. It took my buddy a month to get out after he invoked this right.

"This letter shall be forwarded to the CMC (MMSR-4) with command endorsement for approval and inclusion into the Marine’s Physical Evaluation Board package."

You know how long that shit is going to take?

I dont think you should do it but if you HAVE to you need to have done it like 5 days ago to be out by the 15th...
 
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Well I know I won't be out by the 15th either way. Employer is cool with that. They just can't push my date 3 weeks back.... maybe 1 or 2 weeks. but...

I talked to a DES lawyer today out of San Diego. I told him what is going on and how I want to separate voluntarily since my EAS has passed. He is going to call the PEB and see where my case is before he lets me make that decision. Feels kind of good to have someone to find out information for you.
 
Well thats good i doubt he can find any more information then your peblo can but hopefully can push hard to help you!
 
All my PEBLO has told me is that he will call me when he has something. The PEBLO here in 29 just told me about my stuff being QA Ready/Post VA today.
 
Yup... but my PEBLO is at Camp Pendleton. My Package went through Camp P's IDES.
 
I understand the frustration. My partner is at about the same point you are, meanwhile we have to wait to see what's going on. We were told we were PCSing this fall (before sh*t hit the fan) so I am not working because we were moving, and now we sit here with reduced pay, expecting the same hours from him, and no idea when things will be complete - he even has jobs waiting if he's going to get out (he wants to stay in if possible, though). Good luck, and hopefully you hear something soon.
 
toolbox said:
I understand the frustration. My partner is at about the same point you are, meanwhile we have to wait to see what's going on. We were told we were PCSing this fall (before sh*t hit the fan) so I am not working because we were moving, and now we sit here with reduced pay, expecting the same hours from him, and no idea when things will be complete - he even has jobs waiting if he's going to get out (he wants to stay in if possible, though). Good luck, and hopefully you hear something soon.
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Thanks. Good Luck to you.
 
http://www.pendleton.marines.mil/Pe...rn-program-paves-way-for-wounded-marines.aspx

Couple points to think about.
Unemployment is expensive, and paid for out of training funds. GI Bill isn't cheap either (though funding for it isn't as painful). The military is/should be happy if you can transition straight into a job.
Commanders have a great deal of leeway in how they utilize you. It is common for them to send officers to graduate school. I've had commanders, as a reenlistment incentive, allows Soldiers to attend college full time, only showing up for accountability formation.

Me, I could see how you could sit down with the commander and create a win/win scenario. While in the MEB you're essentially dead weight. Its probably be easier on the unit if you spent the majority of your time at this other place, as an intern, than to take up leadership's time creating busywork for you. You'd make sure they don't have to fill your position with someone else, and prove to the new company you're a problem solver.
 
Thanks! My IDES Lawyer actually mentioned this to me today rather than waiving my benefits away.
 
the med board has had my package back from the VA since the 26th of Dec and still haven't received my findings, what are my option(s) on trying to find out why it is taking so long? would talking to a JAG officer help it or hurt it?
 
It's easy to get fed up and walk away, I'd bet good money it's what they want you to do.

On the other hand if you can gut it out and put up with the delays....

IF you're medically separated (below 30%) you'll get separation pay you won't get if you pop smoke now.

IF you're medically retired (30% or greater) you'll get Tricare medical insurance for your family and you for life (Standard free or Prime with a small yearly premium), that you won't get if you pop smoke now.

Best advice, don the uniform and dig in, let them know you'll be on the government clock as long as it takes to get it right, and MAYBE they'll get back to work and finish it.

Hope this helps...
 
ordie4life said:
the med board has had my package back from the VA since the 26th of Dec and still haven't received my findings, what are my option(s) on trying to find out why it is taking so long? would talking to a JAG officer help it or hurt it?
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How do you know that they have them back forsure? just trying to find out how i can tell if my ratings is back
 
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