AFRC member. I have a 70% service connected disability from VA, an LOD found In Line of Duty, and a Commanders Impact Statement for Medical Evaluation Board stating condition occurred while deployed. My Medical Squadron said my package came back as “Non Duty Related Disability” because my IRILO package was submitted without my LOD or other supporting documentation. Now they want me to sign acknowledgement forms for an IPEB without an MEB or consideration for disability evaluation. I contested this with the Major at my MDS and was told to wait until They heard back from AFRC/SG. Today the Major informed me that they spoke to a Col at AFRC/SG and that I should still sign the forms and go to IPEB with a “NON DUTY RELATED” package, but to include the LOD and that the IPEB will send my package to an “administrative board” and they will review if I’m entitled to anything for compensation. Is this correct? Why can’t I have them roll back my package and resubmit with the LOD? Is there anything I can do? I don’t want to sign these acknowledgment forms and surrender all rights to a MEB for disability evaluation. I have mother conditions also with LOD’s that aren’t even being considered and they have kept me on profile with No Pay No Points for over 4 years now. This is ridiculous! PLEASE HELP!
PLEASE HELP
- Thread starter Sickeyman
- Start date
I would not sign those forms if i were you. I would seek an attorney such as Jason Perry who runs this board. Also, talk to JAG as it doesn't hurt. I wouldn't do anything until i knew all of my rights. Also, you can contact your congress person and request a congressional inquiry. Its not as scary or as hard as it sounds. Sometimes getting a someone to look at the facts who isn't part of the problem is the best way to get things right.
Contact the Office of the Airmen's Counsel at DSN 665-0739 or Commercial at (210) 565-0739. Individuals can also e-mail the counsel at [email protected]
ASAP
ASAP
Thank you! I called and left voicemail! For four years I’ve been on P4 status and told I was pending a MEB and was never informed of that office or my rights. This whole thing is stressful because I’ve been told MEB for four years and then they come back and say it’s filed as Non-Duty Related but they will fix it at the IPEB, “just sign these forms that say there is no consideration for disability compensation, but we will send your package if found unfit to a nondescript admin board to get you compensation.” And then they put you on a clock to initial, sign and return the forms. It’s crazy!
I would call the OAC again during business hours. The system is not always fair, so it is imperative we use all our resources to get a fair shake.
Yes that happens often.
Thats what the guard/reserve tries to do. Don't sign the non Duty. Get all you medical records together and make sure you have copies of everything. If your service connected with the VA have a LOD. You could opt for the Legacy DES and they would have to use the same ratings as the VA. Sometimes the medical unit will try to say that the time limit has expired to get a LOD done but they can submit you for a Prior service Impairment (PSI) and that works the same as a LOD.
Thats what the guard/reserve tries to do. Don't sign the non Duty. Get all you medical records together and make sure you have copies of everything. If your service connected with the VA have a LOD. You could opt for the Legacy DES and they would have to use the same ratings as the VA. Sometimes the medical unit will try to say that the time limit has expired to get a LOD done but they can submit you for a Prior service Impairment (PSI) and that works the same as a LOD.
I do have a LOD for the condition. I’m currently only service connected for one condition. I have other LOD conditions that aren’t even currently being considered in my package.
If you don't hear back in a timely fashion call back.
Idk what the M21 is. I have an LOD for PTSD. The LOD list “combat related, instrumentality of war” and was found ILOD. I have multiple combat tours in the Corps to Iraq 03-05. Then Afghanistan twice with the AF 2011 and 2012. I was Evaluated and diagnosed By VA in 2012 and began treatment. In 2015 I filed for compensation. 70% service connected came back in March 2016. I gave the letter to my AFR MDS on April UTA. Then at the conclusion of July UTA I was called by MDS and told I was medical profile P4 And was “no pay, no points“ pending an MEB. I’ve been in that status to date and it’s been a football bat of a situation ever since.
The M21 is the medical list of unfitting conditions and what is waiverable. Combat related is really good. Say the MEB says your condition of PTSD is service connected and unfitting, then if you go through the legacy system they would rate your condition the same as the VA rated it. With combat conditions say they rate that condition under 30%. you would be offered a severance. Combat conditions that qualify for Severance don't get taxed and you don't have to pay the severance back from your VA.
I think you should file and IG complain/ Congressional that will get your stuff moving. someone needs to be held accountable.
I think you should file and IG complain/ Congressional that will get your stuff moving. someone needs to be held accountable.
Re: “Idk what the M21 is.”—Sickeyman
M21-1 Adjudication Procedures Manual (VA)
https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000073398/M21-1, Adjudication Procedures Manual, Table of Contents <—-LINK
Note: Subpart iv General Rating Process, Chapter 4 is for Rating Specific Disabilities
Ron
M21-1 Adjudication Procedures Manual (VA)
https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000073398/M21-1, Adjudication Procedures Manual, Table of Contents <—-LINK
Note: Subpart iv General Rating Process, Chapter 4 is for Rating Specific Disabilities
Ron