Jason Perry
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  • Mr. Raven.....I am in the Air National Guard and have a total of 19 years of service (13 AD/AGR & 6 as a drill status guardsman). Is it possible to retire and receive a retirement check immediately based off a VA rating and concurrently receive VA disability pay? For instance, if a person is rated at 90%, completed 20 years, can they receive both or is it just for AGR/AD members?
    Jason Perry
    Jason Perry
    Is it possible to retire and receive a retirement check immediately based off a VA rating and concurrently receive VA disability pay? For instance, if a person is rated at 90%, completed 20 years, can they receive both or is it just for AGR/AD members?
    Yes....if you are talking about a Guard or Reserve member, if you have 20 years of service (such that you would qualify for a reserve retirement based on length of service), then you would qualify for concurrent receipt of military retired pay and VA disability compensation (this is Concurrent Retired and Disability Pay, or "CRDP"). IF you have reached the age that you would otherwise have received military retired pay. (This is at a baseline of age 60, but that is reduced 90 days for each 90 days served under qualifying orders in a contingency operation). So, if you are at the right age when you are medically retired and are otherwise qualified for a normal reserve retirement, then you will get the dual compensation right away. If you have not reached that age, once you do, you will then get CRDP.

    The other way that you can is if you have one or more combat-related disabilities. This would qualify you for concurrent receipt of military disability pay and VA compensation (subject to 2.5% per year of service served (total points divided by 360). This method does not require you to reach a certain age. It is payable immediately upon retirement if qualified (but you have to apply for it- the CRDP should take effect in due course.
    V
    viper2152
    If you don't mind me asking, how do you apply for it?
    First of all, thanks for everything you guys do here. You guys gave me confidence throughout this process and helped me choose IDES over LDES.

    Just received my NARSUM from PEBLO. I was referred PTSD, Lumbar Back, Upper Neck and Sciatic Nerve. My question is about the referred conditions for the DOD Ratings.

    A. I had a LOD for my lumbar and sciatic conditions and came back as "does not meet retention", but the NARSUM states, "Existed Prior To service (ETPS)", but MEB doctors checked off "Permanently Aggravated by Service (PAS)"
    1. Does that mean I will or will NOT get DOD-connected percentages for these conditions based on PAS?
    2. Should I fight with an Independent Medical Review or Appeal the MEB findings for the above back conditions?

    B. PTSD This was a referred condition, MEB just checked off "does not meet retention"
    1. I am reasonable confident this will be at least 50% with VA. I am already 70% at 10 years with the VA and the PTSD review exam for IDES pretty much confirms the 70%

    Based on the above information, does aggravated by service mean that the PEB will count those back conditions for DOD ratings? Attached snapshot of my NARSUM

    Attachments

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    Jason Perry
    Jason Perry
    Permanently aggravated conditions are compensable. Theoretically, if they could determine a rating for the time you entered service, they could try to subtract the degree of disability. I have never seen this happen and I have never come across a case where this happened. I can't advise about what you should do with IMR or rebuttal, but based on what you said, I don't see anything to worry about at this point with the compensability of your conditions.

    I hope all goes well for you!
    How do I access the 15-year letter. I have 18 years of satisfactory service between guard, reserve and active duty. I am PDRL retired and VA Disability. Thank you for any help in this matter. I just can't figure it out.

    Saw this relevant post but not sure how to access or request letter:

    At a minimum, assuming you are currently a member of the Selected Reserve and you have at least 15 good years of qualifying service, a disqualifying physical disability makes you eligible for a non-regular retirement when you reach the age of eligibility, which typically is 60 absent qualifying active duty deployments which may reduce the eligibility age. The relevant statutory provision is found at 10 U.S.C. § 12731b.

    The Selected Reserve, see 10 U.S.C. § 10143, is comprised of Troop Program Units (TPUs), Active Guard and Reserve (AGR) Soldiers and Individual Mobilization Augmentees (IMAs).
    Good morning,
    I wanted to reach out for some advice, I'm active duty Navy and will be attempting my final appeal shortly. I am trying to get a fit ruling and would really apricate any advice to help me achieve that goal. A little background I am not in a limited duty status I just cant get past a sea screening due to medication, I have Psoriatic arthritis and am on a weekly dose of Humira my condition is controlled 100% with treatment. Unfortunately these type of medications are seen to make members undeployable. I would really like the opportunity to continue my service and would apricate any advice. Thank you in advance [email protected]
    Jason Perry
    Jason Perry
    Luccressa,
    I am very limited in my ability to offer general advice (both because I don't know enough about your case and also because I am not representing you). You may well have a good basis for getting a return to duty finding, but I just can't offer much without a lot more details.
    If you are interested in my services, please feel free to contact me at [email protected] or through my website: www.peblawyer.com Whether you contact me for professional services or not, I hope all goes well for you!
    Hello I Am new here.
    I have a question that i have been reffered 3 days ago from my Pcm for med board as my skin specialist prescribe me humira and its a service disqualifier. In two weeks my unit is deploying so my med pro says mrc3 d1 and d5. I was told by my pcm that i wont be deploying. Does meb initiated stop deployment? Thanks
    Hello Mr. Perry- I have undergone verdicts for RTD after both iPEB and rebuttal to the iPEB findings. The rebuttal was denied and thus no FPEB and I must RTD. What are my options and I feel that my health condition does not warrant this RTD. They have diagnosed me with multiple mental health conditions and I am on 6 psych medications. An independent mil psychiatrist (as required for the NARSUM) recommended me for medical retirement and no continued military service. The iPEB recommended for RTD. My JAG and I had to go to a rebuttal to the iPEB findings in order to go to the FPEB. This rebuttal was denied, and I must RTD. I am in the Air Force medical reserve corps (MC), and I have been told that MC is never medically retired because of shortages. I feel that with my civ mental health provider with medicines and mil independent MH physician should be enough to medically retire. I have 16.5 good years.

    Can someone help me get into medical retirement, and offer suggestions for a way forward?

    I have heard of submitting an IG compliant. Can someone help me with pros and cons of this IG route? Can a RTD be reversed after iPEB and rebuttal have been used?

    Thank you in advance.
    PLEASE HELP: I am an Army National Guard soldier who went through MEB/PEB last April 2022 found unfit with 40% army rating (line of duty related). Retirement services told me to request a COAR to get my 20 my COAR was approved (after much thought from leaders) only to exactly my 20 year mark this August (12th). I was told previously by retirement services I would draw a percentage (based on the calculation for National Guard Soldiers immediately upon retirement since i was placed on PDRL. Now retirement services tells me I won't get any pay until I reach age 60. Thank you.
    D
    DaveK
    Use the search to find RonG posts on guard/reserve retirement. There are calculations that will need to be made that are specific to each memebers case. At 20 yrs non-regular medical retirement you will get either military retirement pay or VA disability. Nearly everyone selects VA disability retirement. Then the formulas apply. If you subtract your mil retirement from VA and have any mil retirement left, you get to keep that and VA pay. At 60 yrs old or your retirement age( mines 58), you get crdp which means you keep both your mil retirement and VA. Before that a member can qualify for CRSC which makes up for some or all of the mil retirement loss.
    There is a lot more to it than that. Please go find those posts as I am not an expert. RonG is great and kind guy for helping us all figure this out. Good luck.
    Hi! I am new to this forum. I had to go through an attorney to get my discharge upgraded, since my cicumstances were a bit different. My DD-214 shows Entry Level Separation, RE Code 2C, JFX, and Personality Disorder.

    Back in 2004, during my senior year, I made up my mind to sign up for the United States Air Force at seventeen years of age, and signed with my now late dad signing as my guardian and got into the delayed entry program for the Air Force. My three major reasons behind this are I wanted to serve my country, get an amazing education, and a stellar career with the United States Air Force. By the time I graduated in May 2004, I was ready to ship out to Air Force Basic Military Training in Lackland Air Force base in San Antonio, Texas in late July. I got to Lackland Air Force base late at night, and was processed into the 320th squadron. As soon as I got into the dormitories, the first couple of days or so, I had to take care of the administrative paperwork for direct deposit, etc. After that, the two military training instructors started calling me Osama in front of the flight of recruits that were also under the same two military training instructors, and they laughed at me, then subsequently did the same thing to me. A couple of other military training instructors (male and female) also did the same thing, but only one other flight’s recruits did the same thing along with their assigned military training instructor. This happened anytime and anywhere I was around. Whenever I did shave in the mornings, and because of no fault through my own, I was told to shave my five o’ clock shadow, and was still called Osama, even after shaving. Whenever we had a class, whether outdoors or indoors, and if it was with my training instructors or any other that were being racial towards me, it was never in the presence of their superiors. If the supervisor or the commander of the squadron came in to give a class on chain of command or a lecture, the military training instructors would not be racial towards me. The other time I never experienced any racism was on Sunday, due to church and such. Due to the racism that I experienced during training, I was sent to the supervisor for multiple infractions, and I did tell him of the issue going on, and even though his order was issued throughout the squadron, this had no effect, as it kept happening even behind his back. The racism still continued, and it got to a point where the commander already had in his mind that I was refusing to train with all the infractions that I had from the past three weeks, without the slightest consideration of the racism that I was going through. Based on this, he sent me to the 319th squadron to be phased out of military life and back into civilian life. While waiting to be processed out, one recruit from the same 320th squadron still kept calling me Osama and viewed me as an inferior person, until his subsequent departure from the United Air Force. Shortly thereafter, I was processed out, and returned home to my family with my head lowered in shame, and from the hurt from the racism that I experienced, when it was unprofessional, and is a direct violation of the three core values of the Air Force: integrity first, service before self, and excellence in all we do. After that experience, I went to four different colleges and went all the way to my masters degree, worked several jobs as tech support, got married in India in February 10, 2016, brought my wife to the United States
    under the proper USCIS processes from India, and now I am working with the number one global POS company called NCR.

    I talked to an attorney last year and started the process to get my Personality Disorder discharge upgraded. The advisory replied after some weeks, and stated that my discharge was indeed wrong, and it can be, under liberal conditions, considered for Secretarial Authority, even though they believe it should be Condition Not a Disability. My attorney sent a response to the advisory opnion that my discharge be indeed set for Secreatrial Plenary Authority, since Condition Not a Disability carries a similar prejudice to the Personality Disorder.

    Since February 24th of this year, my case is still in Post Adjudication Status, and I pray that it comes back in my favor. I wonder if I do get Secretarial Authority, would this possibly change the RE code from 2C to something else, and from JFX to JFF?
    Sir,

    I just got article 15 and list my rank but my ets busted on nov13 my unit commander been wanting make example out of me .then after my ets busted I wasn't paid until Feb 1 due to lack of my unit failing to put un my oaperwork for my MEB extention paperwork but now I did my second hearing and lost my rank as nco for 8 Years and I'm walking on eggshells because they are protecting a e6 I know it's unfair for me suffer then get in trouble due to my unit lack of care for me and my family I've lost all hope use my reimbursement money on lawyer or only got me to lose of rank and suspension of all max punishment and now I want to appeal abd keep fighting but I'm afraid to and also slowing down my process to be out I'm out of hope been contemplating alot I gave up my body and mind for army to in the end to not be
    Mr. Perry, what are the special provisions and protections as a dual status military reserve technician for a disability retirement? HRO is stating that I will go out on a regular discontinued service retirement because I have 10 years of buy back to equal 20 years of service....is this right?
    My daughter is in US Army, and about a year ago, she had a car accident in Germany in the snow, and her car flipped over. Now her Commander is trying to chapter her out under AR 635-200 failure to adapt. Note she has been there since Sept 2020, over 24 months, and has been promoted from PVT, PFC to SPC, no article 15 even. Not even a med board! Should I do a congressional on her behalf?
    Hello how are you doing I am in need of advice I was injured in Iraq sent to Brooke army Medical center for TBI had a surgery and for rehab I started to become I’ll also blood pressure uncontrolled dislocated sternum nose was broken I was an E-5 I had orders to BNOC but off course was canceled I was told that I was promotable met time in service and grade for E-6 when I was in the WTU my case manager wasn’t listening they instead of putting me in for med board they put me fit for duty but I was still I’ll they sent me to ft Meade understand joint command of the air force as a special duty assignment and to finish healing long story short my TBI continued to get worse my blood pressure never got controlled then I went into stage III kidney disease started having trouble with my heart had another surgery from the injury sustained in Iraq the joint command unit was told to send me back to the WTU but instead they ETSd me out I contacted the Wounded Warriors at Walter Reed and he said that unfortunately the Army failed you and on behalf of the U.S Army I am sorry but congress but no one is going to put their rank on the line and congress is not going to bring you back in I wrote to the Army Review Board I wrote to congress
    Mr. Perry, is there a source or regulation stating " Military Reserve Technicians must be at least 50 years of age and serve 20 dual status years or any age and have served 25 years as a dual status technician (no military buy back) in order to receive an annuity? HRO seems to think military buy back counts for MRT's to receive DSR retirement and not allow me for a Disability retirement. They said as a MRT that my buy back counts towards the 20 years but in the chapter 84 8414 it states "
    (2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician—

    (A) after completing 25 years of service as a military technician (dual status), or

    (B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),is entitled to an annuity."

    But others say, " show me were it says that buy back does count! ". I would say this says everything...correct? or is there something more direct?
    hello jason perry. where can I find info on this forum about how a medical retirement would work for a reservists? I here 100 different things. I even was in a PEBLO's office today and they were not sure how the reserve side works for the most part.
    Thanks,
    Shitty B
    N
    Not-a-shitbird.com
    Hello fellas.
    I am still serving. Currently deplpoyed. I have 8 good years. I may have 9. I met with a PEBLO here on my deployment who was also confused about what a reservist would get. I am 90% service connected currently. I understand there is 2 lanes. IDES and Legacy? Not sure if that is accurate. Would I want to use the DOD lane only since I am already service connected. If so, how would that work?
    Jason Perry
    Jason Perry
    You will be treated the same for pay calculations as an active component member. Look at Title 10 USC Section 1201. It is titled "Regulars and members on active duty for more than 30 days: retirement."

    If you elect Legacy, the PEB will determine the ratings for your unfitting conditions (they are not bound by the VA rating determinations). If you elect the IDES, you will have C&P exams for all claimed conditions and the VA will determine your ratings. The PEB will be bound to apply the VA-determined ratings for your unfitting disabilities.

    My personal belief is that the IDES is almost always the preferred election (and it is the default). I have people tell me all the time that their PEBLO tries to talk folks into the Legacy system, giving warnings that it is possible that your VA rating could decrease. While technically possible, there are many protections for previously granted VA ratings, the VA has to give you a hearing if you request one before reducing a previously established rating, and if you have been continuously rated for 5 years, 10 years, or 20 years, the ratings have increasing evidentiary standards in order to reduce the rating. I have seen many more bad decisions from Legacy than I have from IDES. However, there are rare and narrow circumstances, especially if you need a faster outcome (because it is a bit faster) to opt for the Legacy system. You have to make your own election on this point, but I strongly believe IDES is the better system.
    I hope this helped! Good luck!
    R
    rknerl
    Jason are you able to contact me? I am unable to start a conversation with you
    Mr. Perry,

    I am attempting to be proactive but keep hearing sit back and wait.

    Good Morning. I am looking for help and focus. I am an Army reservist who has 30+ years. I was on active duty to Kuwait and upon return was placed in the SRU back in Sept of 2020 when the unit returned. I have had 2 knee surgeries and a shoulder surgery. I have been found unfit to return to duty and am in the process of a medical retirement. I was trying to look for medical documentation for my appeal that was supposed to be August 23rd. It has been pushed back to September 28th. I have very recently been diagnosed with stage 3 of 4 fatty liver disease (not alcohol related) as well as Fibromyalgia. What do I need to do to prep for this appeal? My PEB lawyer is not much help. My PEBLO said there isn't much I can to other than find supporting documentation and upload it on the VA website (MyHealthyVet). I have also been informed that I will not hear from my appeal lawyer/JAG in a week to 10 days prior to the appeal. Please help.

    Very Respectfully,
    Dave
    Mr. Perry,

    I was referred to your group by a liasion of my state. I am a veteran of the Mississippi National Guard. In 2016, while still in the guard, I was diagnosed with a cerebral angioma in my left temporal lobe. It was found during an ER visit for a migraine/fainting spell that happened not long after completing our 2 week summer AT. I went to a Nuero and was confirmed diagnosis. Over the next year my health depleted, and I was diagnosed with complex focal seizures in 2017. The guard decided to give me the option to discharge or PEB. I chose PEB. My contract ETS date was March 19, 2018. My PEB was started in fall of 2017. I never received any information about my PEB being completed. However, I did ETS. My discharge paper works says that I ETS'd, I am unfit for duty due to Migraines. I filed my disability claims, and I have still not received any disability rating. It has been 3 years and I am still waiting. I believe I should have been given a disability rating before leaving the military. I have medical paper work from a military doctor on base that says the symptoms were due to my training in the summer heat in the field for 12 days straight with no water. I was also was only one of 5 females in my unit, and I was one of only 2 linguists that ran mission ops during that 12 days. I was extremely exhausted, had little sleep, the food was army field food, and my body could not handle it, I guess. I need help to figure out what to do about my disability. Should I have been given a completed PEB? Is it legal to ETS/discharge me without finishing it? My unit needed my slot to be open for an incoming linguist to help on deployment. I often think this is why I was pushed out of the door. Do you have any advice?


    Leslie
    Jason Perry
    Jason Perry
    Leslie,
    I am sorry to hear about your health issues and the problems with your discharge. As a baseline, I think that the issue of the propriety of your discharge turns on whether or not your condition was in the line of duty.

    I filed my disability claims, and I have still not received any disability rating.

    I assume you mean a VA disability claim. Is this the case?
    Bottom line, at this point, if you want to challenge your discharge, you will need to apply to the Air Force Board for the Correction of Military Records.
    It is hard to provide much more input without knowing more about your case.

    Jason
    Mr. Perry,

    I am going through an MEB for Ankoloysing Spondylitis, and most of my joints are affected. I also have gastritis and esophagitis. I am only being MEB'd for the AS and am currently on Humira. I have been told that my ratings will be dictated by my ROM using DC 5240 but doing research, this is an active disease and should be rated under DC 5002. What can I use to ensure that I am rated under DC 5002 when I go to my VA exams? Any help would be greatly appreciated.

    V/r

    James Bolton
    Jason Perry
    Jason Perry
    James,

    Thanks for your question. I don't offer legal advice on the forum, but I can offer some insight.
    First, the threshold issue for ratings under DC 5002 are whether you will be rated on an active process or under chronic residuals. If you are not familiar with the rating criteria, here it is:

    5002 Multi-joint arthritis (except post-traumatic and gout), 2 or more joints, as an active process:
    With constitutional manifestations associated with active joint involvement, totally incapacitating100
    Less than criteria for 100% but with weight loss and anemia productive of severe impairment of health or severely incapacitating exacerbations occurring 4 or more times a year or a lesser number over prolonged periods60
    Symptom combinations productive of definite impairment of health objectively supported by examination findings or incapacitating exacerbations occurring 3 or more times a year40
    One or two exacerbations a year in a well-established diagnosis20
    Note (1): Examples of conditions rated using this diagnostic code include, but are not limited to, rheumatoid arthritis, psoriatic arthritis, and spondyloarthropathies.
    Note (2): For chronic residuals, rate under diagnostic code 5003.
    Note (3): The ratings for the active process will not be combined with the residual ratings for limitation of motion, ankylosis, or diagnostic code 5003. Instead, assign the higher evaluation.
    5003 Degenerative arthritis, other than post-traumatic:
    Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below:
    With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations20
    With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups10
    Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion.
    Note (2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic codes 5013 to 5024, inclusive.

    The services are notoriously bad about rating AS/RA, and many systemic arthritic conditions.
    Hope this helps!

    Regards,

    Jason
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