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In addition to the statements you have, you should probably get statements from those around you beforehand stating what they observed, or did not observe. Very likely, the surgeon who reviewed the LOD is not an expert in the field. It can be expensive, but you could retain your own medical...

I don’t think you will find much for examples. However, you should be able to submit an appeal in memo format. You need to look at the denial memo and specifically address the points you think are in error and how this mistake resulted in incorrect findings.

The calculation of your service credit is going to depend on your status. I know that HRC calculates retirement dates and 1405 time for USAR AGR.

That’s correct. It needs to be a full calendar year with 50 points.

I think this has been raised a couple of times but it appears the real issue is eligibility for CRDP. In cases of non-medical retirement the 1405 time cannot be used to get a regular retirement and CRDP.

I don’t know about getting non-regular retirement right away, but I can say that normally 7200 points for AD doesn’t get you a regular retirement as an AGR Since there are 365 days in a year.

I think you are missing some data in your calculations. The AD time in the worksheet is based upon your separation date of 25 February, not the 9 Sep 21 date on your NGB 23. They are saying you will have 11 years, 4 months and 22 days for your current period starting 4 October 2010 and ending...

I would would agree that all of the points count toward calculation of retired pay for medical retirement, but that wouldn’t constitute 1405 time. That gets to the real question of whether someone being medically retired, but not otherwise eligible for a regular retirement, is entitled to CRDP.

I assume when you say corticosteroids you are referring to prednisone pills. If I understand correctly, inhaled corticosteroids only rate 30%.

I‘m assuming you are wanting to apply early and still receive veterans preference. If you look at the part of the job announcement about vet preference it will give you instructions on the memo. I believe you need to be within 120 days of separation.

How did you get 1405 time calculated? You need to have 20 years AFS in order to receive credit under 1405. You indicated you only have 19.5 years. If that’s the case, you are 1/2 year short of a regular retirement but you would still be eligible for a non-regular retirement at age 60 or...

People get this wrong all the time. The offset is day for day. That means that for the 4 drills performed in a month you wont’t get 4 of 30 days of VA disability pay. Do a YouTube search, there is a video from USARC explaining this.

My observation with TSGLI was that the review process was very long. I believe it was over 6 months from claim submission to payment (this was over a year ago). Putting the claim together took quite a while.

Informal LOD can be used when there is no intentional misconduct or gross negligence suspected. It can only result in a finding of ILD or EPTS.

If they are your attorney then they DO have your best interest at heart. They have a legal duty to do so. If you really think they are not doing their job then ask to speak to their supervisor.

What is it you are concerned about and what do you want to fight? As Richey mentioned, there are provisions for waiver in some medical cases. If that applies to you, work with your doctors. The flag won’t prevent the processing of the PEB but it might prevent issuing an award. Since this is...

Seems like you actually have a couple things going on here. There was guidance recently issued on turning down an active duty retirement and taking a non-regular retirement, but I don’t think that’s what you are asking. Next, other than a Chapter 61 retirement, you are not eligible for an...

I’m still not clear what you are trying to state. 10 USC 1405 is what time counts for an active duty retirement. The specific clause that people are talking about for 1405 time is the “years of service, not included in clause (1) or (2), with which he would be entitled to be credited under...

I think you are referring to the DA Form 1506. It is the statement of service and is often done on entry into the AGR program to calculate the BASD. It is quite different from 10 USC 1405, which is a statute allowing use of inactive duty training for active duty retirement.

1405. 1495 is a typo. As mentioned, RC Soldiers cannot count IDT in reaching 20 years for an active duty retirement. However, 10 USC 1405 allows you to add the IDTs on to the 20+ years to increase your retired pay. A servicemember might have 30 “good years” for non regular retirement but...