Just wanted to say Hi old friend!!
Yes, if you are referred to the MEB/PEB, you can argue for any or all conditions. However, I am not 100% clear if the IRILO resulted in your referral to the IDES as a non-duty-related case or if there is some other circumstance here.1) Can my physical disabilities be added into my case during a further review? I will be disagreeing with the AFRC/SG decision and pursuing additional review and still cannot believe my case manager dropped the ball on including the largest physical restricting conditions.
I am not sure what they will do. However, any in-the-line-of-duty disability incurred during a period of qualifying service that worsens should still be considered to be in the line of duty. They may not act like this is the case, and you may have to fight this issue out. However, given what you have stated, it seems to me you should prevail on this issue.2) Now that I am now in the AF Reserves and my prior service injury has been aggravated by basic duty/job requirements rendering me unfit for duty as an aircraft maintainer, will the AF recognize the attempt at obtaining a LOD for my back injury even though it was unjustly administratively closed? I am in constant fear that any movement or event will completely immobilize me again wondering if I can even recover.
That is a judgment call on your part. You have to do a "cost-benefit analysis." I generally think engaging with counsel as early as possible is better, but you have to weigh the costs. My Firm and personal practice is to charge a flat fee for all administrative actions (like MEB/PEB/IDES cases); therefore, engaging earlier or later doesn't change the cost. For attornies who charge on an hourly basis, the calculus is harder- go too early, and you may end up with a massive legal bill.3) Should I wait to contact a legal representative? I have not received the IRILO decision on paper yet so I do not have a lot of the particulars, but I know I will have to continue battling if I want the possibility of CH61 retirement.
Glad to help. Not sure if I was actually helpful. I hope you get a great result with your case!Thank you in advance for taking the time to read my questions and I greatly appreciate any help/guidance that may be given!
Rating | |
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Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. | 100 |
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. | 70 |
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. | 50 |
Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). | 30 |
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. | 10 |
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication. | 0 |
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.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?