Jason Perry
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  • Mr. Perry, My question is l was Ret Gen under Hon Con after 23 yrs of service in 2000 AF Reserves due to a questionable urine test. Well l ve recently got my upgrade to Honorable. I ve been receiving retirement pay since 2016.
    My question to you sir is will my Retirement pay change since l didn't get any pay raises from 2000 on since l received a Gen Under Honorable Con?
    Thanks for your time and dedication.
    Tim Miller.
    F
    Firedog
    I hope l put my concern in the correct area ??
    Jason Perry
    Jason Perry
    I don't know enough about your situation to answer with confidence. My guess is that your VA pay is offset and you aren't seeing increases because you are getting greater amount on the VA side. Your retired pay calculation is likely being increased via COLA, with the VA amount still being greater and so you aren't seeing more pay based on the VA offset. However, when you reach age 60 (or less, depending on periods of service in support of contingency operations), you will get an increase due to CRDP. You may have qualifying Combat-Related conditions, so if you have not, look into applying for CRSC. Both CRDP and CRSC will allow at least partial "double dipping," or concurrent receipt of DoD and VA payments.
    Best of luck!
    Mr. Perry, I know there are many blog posts made, but when you get an opportunity I would request that you review my thread entry to get your take. Conducting a search for posts about 10 U.S.C. § 1554 indicates that only yourself and Mr. Parker have any direct experience in this area. Thank you.
    Question I did over 20 yr of services with the USAR/NG/RESERVE MOBILIZED, got my 20 yrs letter, did and interservice tranter for USPHS, later the service did retire me from AC but from USPHS. I been trying to get my reserves pension, but everyone is loss on my case since i retired from USPHS, but I am only getting VA NOT USPHS. I just reach 60 and the HRC from ARMY said that my RESERVES retirement should come from USPHS BUT they are losing in the process. any guidance's or help.

    United States Public Helth Services.
    Good afternoon Jason, I currently receive CRSC. I was awarded CRSC back in 2022, but they only back paid me for 6 years. With the Soto case winning at The Supreme Court, does that mean I should get more backpay? Thank you for this forum.
    Jason Perry
    Jason Perry
    That is what the holding of Soto means....but, it is unclear at this time how this shakes out. The last I checked (right after the decision was issued) was that the case was sent back to the lower court to execute the decision. And, as I wrote about in my blog post, the class action only applied to those with less than $10,000 owed. So, I can see this playing out in a number of ways:
    1) The military branches/DFAS agree (whether as part of the Soto case, or just as good practice knowing that the "writing is on the wall" for this getting addressed for those with more than $10k owed) to either go back and audit accounts and just pay them out without any action needed;
    2) They set up a streamlined application process to review accounts for those who believe they should have received more; or
    3) They do nothing except address those who are part of the Soto class....and then leave it to those owed more than $10k to either go through BCMR or sue in US Court of Federal Claims.

    Those are just educated guesses, and I am not privy to any discussions between Soto plaintiffs and the DOJ.
    J
    jon76
    Ok thank you for your reply. I wonder how this will affect The Major Richard Star Act if it ever gets passed.
    well, bad news... grandson just said Air guard determined his crohns was NOT service connected and he will simply not be retained due to medical fitness. I don't understand that? His enlistment end date is august 2025. So he is just out with no recourse? (he has applied to VA but still waiting on rating) I really thought since he did not have this prior to service, diagnosed during active duty it would be a no brainer to find this service connected for medical retirement? please advise? Should we retain you? What are your thoughts?
    Jason Perry
    Jason Perry
    Sorry to hear about what happened. I need more information to determine what's going on, but he will likely require the services of an experienced attorney. It's best to use the 'Contact Us' form at www.peblawyer.com or send me an email.
    Hi Jason
    I’m hoping to get some direction and I was wondering if you could help me with something or point me in the direction of someone that can I was found unfit for duty for mental health after deployment in 2022 in the Air Force reserve I have an LOD for mental health. I was told I was going to be medically. Retired I have 11 or 12 good years medical has been very difficult and they told me that my NARSUM expired. And that I would be sent back to Wright Patterson Air Force Base for another fit for duty report that was in July 2024. I contacted my unit several times a month asking when I was going to be sent to WP for the exam. About two weeks ago we have a new command that contacted me and said I was not going to be medically discharged even though I am not introduce they are not going to allow me to relist. By reenlistment is option in September 2025.

    I never wanted to be out of the military. I wanted to finish my 20 years. I don’t understand how they cannot medically retire me and let me leave the military unfit for duty without anything being done. Could you respond to this on how to get in contact with you?
    Hi Perry I have a question about my MEB. So my MEB was completed a month later I got Into trouble DMV Off post. Can my CG chapter me out for a first time DMV they are trying to chapter 14 serious offense. My case was dismissed
    Hello Mr. Perry, I hope you are well sir. Currently I am a USAF Reservist with 6 years prior AD. On Friday 21 March 2025 I received my VA Disability rating and also had a back-payment processed and submitted to me. Today I heard back from the IPEB and the findings were unfit for PTSD at 70%, not permanent and not stable. I was also recommended to be placed on TDRL. My question is, will I be receiving my VA disability check starting 1 April or will it not be until I ETS and retire? I've heard that is the case for AD SM's, but I cannot find any info about this being the case for Reservists or not. I am trying to get my life in order after all of this and the treatment I have been going through over the last year, so I would like to be able to plan and budget accordingly.

    Thank you very much for your time and any/all help you or someone else may provide.

    -D
    Jason Perry
    Jason Perry
    Thanks for the kind words! I hope you are well, too!
    My gut instinct (without knowing more, including whether you have any previous VA ratings) is that you will not receive payment of VA compensation at the rate determined in the IDES process until you retire. The reason for this would be that the VA ratings are "proposed ratings" and are not effective until you are separated or retired as a result of the IDES process. That said, the payments should follow at or near the end of the month following your retirement. (It matters somewhat the actual day in the month that you are retired). Once you are retired, you should receive a finalized rating decision from the VA, too.

    I hope this was helpful! Best of luck in retirement and in the next chapter in your life.
    I was a victim of a sexual assault and at the time I was given a 10% disability. I didn’t understand how they only gave me 10% however I was very traumatized and my immediate need was to just remove myself from the environment to feel somewhat safe. The person who assaulted me shot and killed this made the situation even more traumatizing. I want to put it in a request to change my disability separation to military retirement pay. I did just about 10 years in the Navy in my plans was to continue my career to retirement before this incident happened. I’m trying to find out what direction to go to request this in justice? that incident happened in 1998 and unfortunately, became news worthy there was no privacy.
    Hi Mr. Perry,

    I am almost complete with my MEB. I am going to sign for my ratings this weekend, but I wish to appeal my ratings with a private attorney. Can you please send me the list of attorneys you have?

    My situation: Army, Active Duty, 90% proposed VA rating, 30% DOD rating. I wish to fight for 100%. They gave me 0% on sleep apnea even though I was diagnosed in service, and I require a CPAP machine for life. I have done two sleep studies, have all documentation. I was also rated 0% on knee and back pain even though I was airborne qualified, in an airborne unit with more than 10 jumps.

    I would be greatly appreciative of any contacts who may be able to help. Any adjustment in ratings for knee/back/sleep apnea would get me to 100%.
    Hey Mr. Perry, I have a question about my current situation in the Army, I found out today that my body is all sorts of messed up and was told I’m unfit to continue serving due to a slew of medical issues such as spinal abnormalities and hip deformities that were worsened during service and training accidents towards the beginning of my career. My issue other than that is Ive been gaining weight like excessively and im on a dead man profile awaiting my MEB to actually initiate, I failed H/W and was counseled by my command team and both agree that I should seek a medical exemption although they don’t have any solid knowledge if my situation permits even a temporary exemption to keep me for initiating a admin sep due to this being my second time failing (my first time was I took leave and was just irresponsible with what I ate) they both want me to get out medically but just have no solid answer whether not my inability to do anything physical training wise for the Army as well as the inability to really do anything in my personal time physically. Do I have a chance on getting an exemption to close the gap till I get a MEB initiated?
    Hello Mr. Perry,

    My husband is going through the IDES process. He has been rated as 100% Permanent and Total on the VA side and 90% on the DOD side. He was referred by our State’s Surgeon as being unfit for PTSD along with 6 other conditions. His DOD rating is not inclusive of the PTSD. When he was initially referred, the MEB doctor reviewed his documents and said he needed to submit additional documentation within 2 days so that he could make his determination for PTSD before it went to the board. Well to our surprise, we found out the MEB doctor actually submitted the referred conditions, minus PTSD, the same day even though he told him to submit them within 2 days. So needless to say, his packet was never evaluated with PTSD as a referred condition by the board. As a result, he did an informal appeal to add it. Today, we found out that his DOD rating was actually classified as 90% TDRL which is very puzzling being that his conditions require him to be on 2 different blood thinners for life. He was also notified that his PTSD is not unfitting though he has documentation indicating that it is. They have assigned him an attorney for a formal appeal in February, but I’m wondering if he needs to get his own for a better chance at winning.
    M
    Mythreeboys1
    Good Morning,
    I also failed to mention that he has a Combat Action Badge for his deployment to Afghanistan. Thanks for your time.
    Mr. Perry,

    Good evening, I am a junior officer of four years (still a 1LT) enlisted for three. I'm facing officer elimination Ch 14 4-2b but I recently began the MEB process. My question is what happens from here or what takes precendence? I'v heard a different answer from everyone such as the MEB will take precedence, CG makes finall decision, and my admin sep takes precedence. Which if that was the case why would they even allow me to start the MEB process. I just finshed my last VA appt. I received my GOMOR and instead of going to elimination board I submitted a resignation. I have not heard anything regarding my resignation for 3-4 months now. During that time is when my MEB started. I essentially just want to know how the process works so I can be prepared or get excited I'll medically seperate. My MEB is for my back but during my PTSD exam I explained how my PTSD led to my misconduct, not sure if that allows for a nexus or not between the misconduct even though it is not my referred contention. Thank you for your time.
    Jason Perry
    Jason Perry
    Thanks for your message, and I am sorry to hear all you are going through. I would need a lot more information to tell you what I think should happen, but in the absence of more information my best guess is your IDES case will be a dual processed case (with the CG or actually first GO in your chain, assuming they are different, making the call).

    I am concerned that you stated you were facing "officer elimination Ch 14 4-2b." I am almost cetain that what you stated refers to enlisted separations under AR 635-200. Doesn't apply to you. (The officer regulation is AR 600-8-24, and it only has 8 chapters....hence, I think you are referencing the wrong regulation.)

    Much of what happens (and maybe the cause of the confusion) depends on the timing of each action relative to each other.

    The basis of your resignation is also really important. You said you submitted your resignation instead of going to a board after receiving a GOMOR. And after the resignation you started the MEB process. I would want to know what was the basis or reason for the resignation request. Normally, it takes HRC/HQDA a much longer time to initiate separation or board of inquiry for non-probationary officers than a near in time receipt of a GOMOR. Something about the timing you described seems off.

    The timing as it relates to the initiation of the MEB is probably the most important data point. See AR 635-40 (Para. 4-3):
    "g. Officers pending administrative elimination.
    (1) Generally, officers approved to resign for the good of the Service in lieu of trial by court-martial are ineligible for referral to the MEB and PEB. However, if the officer was referred to the MEB prior to approval of the resignation, the MEB and/or PEB must be completed and the case dual processed as described in paragraph 4–3g(2)."

    I am wondering, if your resignation was not approved already, whether it would be a good idea to withdraw it:
    "3–2. Withdrawal of resignation
    a. An officer may request withdrawal of resignation at any time prior to commencing travel pursuant to orders
    issued for the purpose of separating the officer. The request, including reasons, will be forwarded through channels
    specified in paragraph 3–4. Each forwarding endorsement will include recommendation for approval or disapproval.
    Reasons for disapproval will be stated.
    b. A resignation may be withdrawn only with the approval of HQDA, with the exception of an unqualified
    resignation. An unqualified resignation may be withdrawn on the approval of an endorsing commander in the field and
    returned to the officer concerned, provided the resignation has not been forwarded by the commander to CG, HRC."
    AR 600-8-24.

    Short story- I think your case is dual proceseed. Longer story, you probably would benefit from qualified legal counsel.
    I hope all goes well for you!
    M
    M.Till123
    wow, ok yea it sounds like a defintely need to seek legal counsel. Ch 14 4-2b is the chapter my commander told me I was beinh chaptered for. I had already received my GOMOR and notice of elimination before MEB started. I haven't heard anything regarding my resignation and its been about 4 months now so I assume thats why my MEB was allowed to process. Is it possible to private message you or any other way to gain more insight (not legal advice more so the process)? I'd prefer not to air too much in a public setting.
    hey Jason whats your advice on my MEB if i just got in misdaminor my frist time and i am a good soldier love to show up early for work, but i got into one trouple.
    How do you expose DFAS retired military pay for stealing PDBR retro pay from soldiers? Also, using a false discharge to tax nontaxable income as stated in the DODFMR!!!!!!!!!!!!!!!!!!!!
    Hello Mr Perry
    I’m in the MEB process since September 12, 2024. However I did submit my REFRAD with request ETS date of May19, 2025. The REFRAD hasn’t been approved as yet it is going through the necessary process. My question will this have any negative effect on my MEB.
    Hello Mr. Perry,

    I have a question about the Army Board of Records Correction. I was medically retired in 2010. I was diagnosed with fibromyalgia by my GP at Madigan. The MEB board conveyed through the Jag attorney and PEBLO that I had to be diagnosed by a Rheumatologist before they could consider adding it on my list of unfit conditions. I was diagnosed while on TDRL. After going back and forth with the board through the Jag Attorney they weren’t going to add it. So I asked for a formal hearing to fight it. As I was in the hallway waiting to go in front of the board the Jag Attorney walks out and tells me that the he has good news and bad news. He said that the board was going to remove my unfit conditions of lower back and feet because I had them as a reservist before I was put on active duty status “pre-existing” but they would add Fibromyalgia. Now because it had been such a long time I had forgotten that I lost my arches and injured my back originally during my first four years in the military as active duty. So I signed the paperwork. Years later I realized the error but was unsure if I could appeal to the Army Board of Records Correction due to the 3 year statute of limitation. But I believe where there’s a will there is a way and it starts with gathering evidence. So I start gathering all my records. I realize right away that I don’t have any of the finalized paperwork from the Med Board, they had only sent me my Retirement orders. I didn’t have the updated 199, no medical records from the final assessment, nothing. So I request my C-file which took a year and half and my Congress women to get, check my records on AKO, check IPerms, request everything from the National Archives. Each has a few pieces of it but no finalized 199. So finally get a hold of the department that houses those records and request them three times but never receive them. Today I called them and all the cosmic tumblers must have been aligned because I got everything electronically sent in 5 minutes. So I start reading and realize they didn’t remove my feet and back, they just added them to the rating of fibromyalgia quoting the 38CFR code section 4.14 avoidance of pyramiding. Now red flashing lights are going off, they didn’t just brow beat me courtesy of the Jag lawyer, they screwed me in an illegal application of the VA law. My feet and back have objective and quantitative evidence and diagnoses and do not overlap the fibromyalgia, nor did the VA view it that way. So after all that, my question is what are the odds of the Board of Records Correction waiving the three year statute? Have you seen them waive it under similar circumstances? Thanks so much for your time?
    K
    kmaldonado26
    I am not one of the Attorneys on here, however The 3 year Statute of limitations is waivable, is is routinely waived by the DOD boards. The Boards are required to do at least a cursory review of the merits of the case to determine if it warrants a full review. On the DD-149 Application for Correction of Military record there is a section that asks why your request should be considered if it is outside the 3 year statute of limitations. If you have documentary evidence such as evidence that you were trying to obtain record to present a thorough appeal to the board, its generally considered in error for them to invoke the statute. If you can show you were proactive in obtaining documents (the boards know it can take forever to do FOIA requests, get you VA claims file, statements, etc...). In most cases, if you can 1. show your case has merit, and 2. show you were actively working on putting together a thorough appeal, that is often enough to satisfy the waiver to the statute. The bord will then give a full review. The boards also get a lot of timy applications with not much substance that are within the 3 year statute. They are much more likely to put the work in, when they are presented with a thorough application even if its outside the 3 years.

    Hopefully that helps.

    -Ke'ha
    M
    maggie0298
    Thanks, that helps a lot! I appreciate your quick response and the level of detail you provided on how the statute of limitations is handled by the board. It gives me hope that I still have a fighting chance to resolve this issue and get at least a portion of the retirement that was lost by medically retiring Chapter 61.
    K
    kmaldonado26
    Hello Sir,

    Hello. I have been Active Duty 6 years and in the Air Guard one year. My conditions from active duty are worsening due to my Guard duty. I am non deployable, My Dr. has written me a letter recommending MEB. My psychologist is also writing a letter. What do I need the letters to say? I receive 70% VA disability currently.

    The Dr. at our clinic said I should've been med boarded out of active duty and recommended me waiving the MEB in the guard to get out quickly. My commander wouldn't sign the paperwork so now I am electing to do the MEB. Now that I want to do the MEB the DR. is saying she can try a PEB but it might not work. What do I do?
    C
    CJH23
    I am in the air national guard just to clarify.
    Good afternoon Mr. Perry,

    I recently received a decision on my IRILO of disqualified with no service connecting LOD's. After my IRILO was submitted, my case manager advised me that only my mental health conditions were included in my case. I am currently rated at 100% P&T by the VA with these related duty limiting service-connected conditions:
    -70% Generalized Anxiety Disorder
    -40% Lumbosacral Strain with Degenerative Arthritis
    -40% Voiding disorder
    -20% Radiculopathy of Left Lower Extremity (Sciatic and Femoral)
    -20% Radiculopathy of Right Lower Extremity (Sciatic and Femoral)

    I am in the Air Force Reserve now with prior service-connected injuries from my Army National Guard time. I have hard copies of the flight doctor sick call documentation involved with my initial back injury as well as a memo from the Army National Guard administratively closing my LOD from that injury incurred on an active-duty deployment for OIF 14. The reason stated is, "minor injury will not cause a long-term effect nor will require additional medical treatment" dated 13 January 2015. 10 years later it has affected most aspects of my life.

    I have a few questions regarding where my case stands now.

    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.

    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.

    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.

    Thank you in advance for taking the time to read my questions and I greatly appreciate any help/guidance that may be given!

    Very Respectfully,
    Thomas Clare
    Jason Perry
    Jason Perry
    Tommy,

    Thanks for posting here, and I am happy to share my thoughts. Remember, none of this is legal advice- I can only offer that to clients.

    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.
    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.
    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.
    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.
    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.
    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.
    I believe in flat fees because they tend to align the incentives. I have had clients contact me as soon as they suspected they might have a disability, and at that point, I am able to offer guidance and help them throughout the process. I had one case where I was in San Antonio for a hearing in two days and a client called me at 2 am for a hearing the next morning (not the preferred method). And, I have had clients call me ten or more years after they were separated or retired seeking help. From my point of view, earlier is better. I can better guide the client, answer questions, and hopefully get the best result as early as possible. On the other hand, I have had success with client's cases decades after they were separated. The other thing about that, though, is that folks who wait till many years after they have gotten a raw deal lose the present value of the money they would have enjoyed and used for all the years that they did not fully pursue their case.
    Not sure if this was helpful or not. If not, feel free to ask any follow-up questions.

    Thank you in advance for taking the time to read my questions and I greatly appreciate any help/guidance that may be given!
    Glad to help. Not sure if I was actually helpful. I hope you get a great result with your case!
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