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    Does the 8-year rule require a military member to be on active-duty orders when they are found unfit for duty by the PEB?

    Great deep dive. I've heard of SMs getting denied the 8-year rule consideration for NDDES (aka "fit for duty") for exactly the reasons you point out. Please keep this thread updated if you find anything out definitively. Have you called the ODC about this?
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    LOD

    Totally agree. You might consider reaching out to USJAG.org (email: [email protected]). They can provide you some resources and listen to your situation.
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    LOD

    Welcome to the fight. The guy featured in that interview link you just sent has been digging in on this process for years. At risk of discouraging you, simply getting an LOD submitted to AFRC or NGB does not mean that it will survive final adjudication. The ARC LOD board has been overturning "In...
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    Line of Duty determinations

    Battle for benefits: More National Guard airmen see benefits denied Another solid piece of journalism outlining the issues going on within the Air National Guard. @nomad_romad
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    DES

    Are you willing to expand on your situation? By what process did you enter the DES? Fit for Duty (non-duty DES) or by way of IRILO/NARSUM supported by a Line of Duty? If I am correct, whatever potentially unfitting condition(s) have to be rated by >30% by DoD evaluation standards at the...
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    NGB Denied Title 10 ANG LOD

    NGB, specifically the ARC LOD review board, is notorious for this. I have had 8 of 9 LODs overturned by them. They are under significant scrutiny by DAF. I recommend you file an IG complaint and contact your Congressional Representative. The problem is endemic and NGB is ignoring the regulations...
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    Air Guard PEB process

    @thizzle29 - my interpretation of the Non-duty DES (which has been renamed to the “fit for duty DES”) does not normally result in a medical retirement because an “in the line of duty” determination has not been made. Specifically, Guard Bureau is getting a reputation of denying “service...
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    Unfit Decision from AFPC, is appeal possible?

    Do you know if you were referred to a “fit for duty” DES as opposed to a line of duty DES?
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    Air Guard PEB process

    Do you happen to know if you were entered in to the "Fit for Duty DES"? I'm still learning about this process, but am under the impression that it is being increasingly utilized when members of the Guard/Reserve have prior service conditions without an LOD. You previously mentioned “IDES”, so I...
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    Air Guard PEB process

    Sorry for your situation. I'm by no means an expert, but am slightly ahead of you in the process in the ANG. Bottom line: you have to be referred to to an IRILO by the AMRO board. You likely won't get MEDCON orders and if I'm a betting man, you're looking at the "Fit for Duty" DES process. Do...
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    Just getting started, folks...

    I’m not able to answer your question, but have a few for you based on your experience as a member of the ANG going through the DES if you will indulge: 1. Do you have LODs and did you have any issues with the ARC LOD review board denying or overturning them? 2. Did you end up in the DES by way...
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    Medical Retirement from national guard for Active Duty Injury

    @Jason Perry do you know if other services (specifically the Air Force) has a similar regulation with mirroring language that you cite in AR 635-40?
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    Pearl Harbor-Hickam Timeline

    Assume “limbo” period was due to COVID? Are you active or guard/reserve?
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    National Guard PEB Timeline

    Did AFPC or NGB direct your MEB? I’m in the Guard as well and had my IRILO just kicked back under “return without action” pending LOD review. Point being that NGB typically takes 3-6 weeks to review IRILOs whereas AFPC is which takes much less time.
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    Condition must be Unfitting to request VARR?

    Along these same lines; for Guard and Reserve members: if a condition is being considered by the PEB for a fitness determination but is not supported by a line of duty, will that be considered Non-Duty DES? What if you have some conditions supported by LOD while others are not? I realize this is...
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    Line of Duty determinations

    @nomad_romad LODs are a huge problem in the Air National Guard. This segment aired this morning. Hopefully things will change. https://www.cbsnews.com/video/national-guardsmen-fight-to-get-injury-claims-approved-and-disability-benefits/
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    CH 61, VA offset, and

    Ironically, I’m in the early phases of going through the DES, and am a financial planner in my civilian career. I work with a number of military retirees and have tried to crack the code on the SBP because I agree, it’s a rip off. The issue I keep running in to us that the problem we typically...
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    How long once my packet goes to NGB?

    @scout110 - I don’t have an answer for you but am very curious to know what it is. Are you saying that you first went through the IDES last year? Can you clarify your timeline a bit? I’m trying to get a sense how long NGB takes to review cases. Assume that you are ARNG, not Air?
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    IRILO for Reactive Airway Disease

    @RuffBader to clarify: when you say "box on the IRILO" are you talking about the NARSUM or a different form?
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    IRILO for Reactive Airway Disease

    Going through something very similar. Have you heard anything in response to your question? I've heard mixed information about the potential for including the additional conditions in your NARSUM (if your doctor agrees to include them), and I've also heard that you have to have separate...
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