Is an MEB process likely to occur close to retirement?

N

NGmaster1980

Member
Registered Member
Hello all,

I just received my retirement orders (19+ yrs AD, retiring Nov-21) and am in the process of getting all of my medical conditions I’ve withheld throughout my career documented. Some of which are quite significant. I cross referenced them with the medical standards directory and there are a few, if diagnosed, qualify for MEBs.

Since I’m so close to retirement, is that taken into consideration and up to PCMs to decide whether or not to initiate? Or do the regulations mandate PCMs submit all qualifying cases regardless of this factor? Trying to determine if my timeline may be delayed, as I continue to disclose more conditions/receive diagnosis', the closer I get to retirement.

Appreciate your experience/insight!

NG
 
It will be very easy to make it until late NOV. how much terminal leave do you have? All your leave counts toward 20. You can make a MEB last a year through appeals. There are at least 7 levels of appeal:

narsum rebuttal
Independent medical review
MEB appeal
PEB appeal
IPEB/FPEB
VARR
Disability agency review

at the end of each of these, they will give you ten days to respond... take all ten and that gets you 70 days...
 
NGmaster1980,

You can read my post on SHPE driving my MEB. Once I completed the SHPE questionnaire the POC contacted me and said due to my chronic conditions they had to referr me to the DAWG. My package is now with AFPC, and my Sup preferred me to the AFW2.
 
chaplaincharlie said:
movingandshaking.org

Medical vs. Regular Retirement & the Presumption of Fitness rules

It is important for members of the military to know that they cannot receive a medical retirement if they qualify for a regular 20-year active federal service (AFS) retirement. Why is this importan…
movingandshaking.org movingandshaking.org
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Hello @chaplaincharlie

I would like to discuss the "why" cited in the linked material. I am aware that you did not write the "why" portion.

"It is important for members of the military to know that they cannot receive a medical retirement if they qualify for a regular 20-year active federal service (AFS) retirement. Why is this important? Because a veteran can receive up to 75% of their base pay for a medical retirement instead of receiving 50% of their base pay for 20-year AFS retirement. This difference in retirement pay could be thousands of dollars per month."

I know the waiver/reduction of retired pay of retired pay has been discussed ad nauseam; however, here it is again to show that the reason in the quotation above is flawed.

1. The example in this case is a person with exactly 20 years AD and has a VA rating of 100% $3100 and a DoD rating of 100% (75% max payable) which is 75% x 5000 = 3750.
The retiree is eligible for CRDP. The combination of CRDP and residual retired pay cannot exceed the dollar amount of the longevity portion of retired pay which is 20 AD x 2.5% x 5000 = 2500.

2. 3750 retired pay minus 3100 VA compensation = 650 residual retired pay

3. CRDP (the amount of longevity) = 2500

4. Residual retired pay = 650

5. 2500 minus 650 = 1850 maximum CRDP (note that CRDP is also retired pay)

6. DFAS would pay:
--650 residual
and
--1850 CRDP
Total: 2500

Comments: There could be rare cases where a retiree such as described above would have a VA rating of less than 50%, which makes the retiree ineligible for CRDP. The residual retired pay (which the retiree keeps) might be more than what he/she would receive via CRDP.

Ron

Edited to add:
From Army Human Resource Command LINK <---
[start] The Department of Defense (DoD) compensates Soldiers who are retired for physical disability (Title 10 USC Ch. 61). The Secretary of the Army (SA) may retire a regular component Soldier who is deemed physically unfit to perform their duties as the result of an injury incurred in the line of duty. To qualify for disability retirement, the Soldier must have completed at least 20 years of creditable service , in accordance with 10 USC 1208, or have service-connected disabilities that caused the Soldier to be unfit for duty and amount to a combined disability rating of 30 percent or more. The 20-year threshold established by 10 USC 1208 includes Reserve "equivalent duty service" (the product of the Soldier's membership and Inactive Duty Training (IDT) points divided by 360). This service is applicable to Regular Soldiers with former Reserve Service.[end]
 
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Ron,

I am aware of a money cap. That is your lane not mine.

Yet members with >20 years of AD service can be medically retired. Differences between a medical retirement over 20 YOS v a length of service retirement (LOS):
1) LOS retirees can be recalled during national emergencies, but not medically retirees. Different coding on DD214/215.
2) The co-pay for medications is more favorably for medically retired compared to length of service retirement.
There may be other differences, but these are the ones that come to mind.

I am medically retired, over 20. Had I already applied to retire, before the docs nabbed me for another MEB the type of retirement might have been different. IDK.
 
chaplaincharlie said:
Ron,
[selected text]

I am medically retired, over 20. Had I already applied to retire, before the docs nabbed me for another MEB the type of retirement might have been different. IDK.
Click to expand...
Thank you for your excellent reply.

Your own experience disproves another assertion by the author of the original quoted piece, "It is important for members of the military to know that they cannot receive a medical retirement if they qualify for a regular 20-year active federal service (AFS) retirement." It then went on as to "why" which was inaccurate in my opinion.

I was not questioning your expertise; the quoted material appeared to be flawed in my opinion. As I mentioned previously, my knowledge of the medical board processing etc. is equal to my knowledge of throwing a baby shower or the exotic birds of Tibet.

Regards,
Ron
 
Ron, thank you for catching the flaw in the quoted information. The specifics are very important to people going through the MEB/
PEB process. I appreciate your diligence and hope you are well.
 
chaplaincharlie said:
Ron, thank you for catching the flaw in the quoted information. The specifics are very important to people going through the MEB/
PEB process. I appreciate your diligence and hope you are well.
Click to expand...
Thanks...I appreciate you being here to keep the train on the rails.

Ron
 
wallys1025 said:
NGmaster1980,

You can read my post on SHPE driving my MEB. Once I completed the SHPE questionnaire the POC contacted me and said due to my chronic conditions they had to referr me to the DAWG. My package is now with AFPC, and my Sup preferred me to the AFW2.
Click to expand...
Wallys1025,

Appreciate the info. Tbh, this just seems crazy to me. I was always under the impression they initiate an MEB to determine if you're fit for duty, so if you're mere months from retiring I fail to grasp the point. Now if it's something new or you're in a bad place with your conditions, I can understand that. Out of curiosity were you receiving care for your chronic conditions and if so were they stable? I'm also curious how the 'presumption of fitness' will come into play for you at AFPC.

For me, I highly doubt any of my MEB qualifying conditions will singularly or collectively receive anything higher than a 50% rating (when cross referencing the CFR). Therefore, aside what was mentioned in the thread about not being recalled or having lower medication costs, I really don't see any huge positives of getting medically retired vs LOS retirement with VA compensation. However, I could be off base there.

NG
 
Jmc81 said:
Ron looks like you're a Oregon Beaver fan or is that another school?
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Ohhh no... I am retired from Oklahoma State University and root for that team even though I was born and raised in Texas.

Ron
 
RonG said:
Ohhh no... I am retired from Oklahoma State University and root for that team even though I was born and raised in Texas.

Ron
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I get those school they have the same school colors also. You retired from the military and OSU? That is pretty awesome.
 
Thanks...yes the colors are pretty close.



Ron
 
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chaplaincharlie said:
Ron,

I am aware of a money cap. That is your lane not mine.

Yet members with >20 years of AD service can be medically retired. Differences between a medical retirement over 20 YOS v a length of service retirement (LOS):
1) LOS retirees can be recalled during national emergencies, but not medically retirees. Different coding on DD214/215.
2) The co-pay for medications is more favorably for medically retired compared to length of service retirement.
There may be other differences, but these are the ones that come to mind.

I am medically retired, over 20. Had I already applied to retire, before the docs nabbed me for another MEB the type of retirement might have been different. IDK.
Click to expand...
I was also just medically retired over 20. AD AF. I had an approved retirement date prior to being boarded. They did give me the option to waive the medical board but I decided to take it to get all of my VA medical done while I was still active.
 
OZ44 said:
I was also just medically retired over 20. AD AF. I had an approved retirement date prior to being boarded. They did give me the option to waive the medical board but I decided to take it to get all of my VA medical done while I was still active.
Click to expand...
OZ44/Wallys1025,

Out of curiosity, did AFPC rescind your retirement orders when they initiated the MEB? Trying to determine if I will need to re-apply for retirement if I have to go down this path.

NG
 
NGmaster1980 said:
Wallys1025,

Appreciate the info. Tbh, this just seems crazy to me. I was always under the impression they initiate an MEB to determine if you're fit for duty, so if you're mere months from retiring I fail to grasp the point. Now if it's something new or you're in a bad place with your conditions, I can understand that. Out of curiosity were you receiving care for your chronic conditions and if so were they stable? I'm also curious how the 'presumption of fitness' will come into play for you at AFPC.

For me, I highly doubt any of my MEB qualifying conditions will singularly or collectively receive anything higher than a 50% rating (when cross referencing the CFR). Therefore, aside what was mentioned in the thread about not being recalled or having lower medication costs, I really don't see any huge positives of getting medically retired vs LOS retirement with VA compensation. However, I could be off base there.

NG
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Hey,

You are correct, my decision from AFPC came back fit for duty. However, if my retirement was to be canceled i would require a full board.
 
NGmaster1980 said:
OZ44/Wallys1025,

Out of curiosity, did AFPC rescind your retirement orders when they initiated the MEB? Trying to determine if I will need to re-apply for retirement if I have to go down this path.

NG
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Once my package came back from the IRILO directing a full board I had to sign a form acknowledging to proceed with the board or waive the right to a full board and elect a regular retirement. I decided to accept the board mainly because we had just started the shutdown from COVID so I was not pressed to hurry up and get out with all of the uncertainty at that time. Even though I accepted the board that didn’t cancel my retirement orders. Once I hit 120 days out from my retirement date my PEBLO sent up a request to AFPC to cancel my orders and extend me to allow more time for the completion of the MEB. Let me know if you have anymore questions.
 
I am 9 months away from 20 years. I am a reservist. I am in the MEB process somewhere. Nobody will give me an answer as to where I am in the process. I have not had one physical exam or been notified of any movement in the process. I am hoping to make to 20 years without counting on the MEB. Is there anyway I can slow the process on my end? It is already moving really slow, but need it to drag. This close to 20 I do not want to lose concurrent payments by being separated with less than 20.
 
ENDISHERE said:
I am 9 months away from 20 years. I am a reservist. I am in the MEB process somewhere. Nobody will give me an answer as to where I am in the process. I have not had one physical exam or been notified of any movement in the process. I am hoping to make to 20 years without counting on the MEB. Is there anyway I can slow the process on my end? It is already moving really slow, but need it to drag. This close to 20 I do not want to lose concurrent payments by being separated with less than 20.
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I assume they are trying to get you out without a LOD correct? If so, just appeal when the do come down with results. Also, if no LOD there isn't any advantage so I would fight to be found fit. If they come out with unfit then appeal. That should give you some time. Unlike active duty you can't apply to retired awaiting pay status until you have a 20 year letter and they don't immediately issue that once you hit 20 good years. However, if you can hit 20 good years before they kick you out then you are good. Also, contact a congressperson and do an inquiry. Let them know you have only 9 more months to hit 20 years. They can help influence things too. If anything other than being found fit for duty appeal, appeal, appeal!
 
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