19 yrs & 7 months; Presumption of Fitness

OutKast Six

OutKast Six

Member
Registered Member
Good evening everyone;
This is my first post, however, I've utilized this site for research & the "search button" has been my friend. as the title of this thread suggests; I've been an active duty Marine for 19 years & 7 months. I'm still a SSgt/ E-6 I am a combat veteran of Iraq & Afghanistan. I was referred to the IDES at, well a few days past, my 19 year mark in August 2015.

I've got around (35) conditions that have been claimed to the VA & I have (2) conditions that were referred to the IDES/MEB as unfitting conditions. Those (2) were for PTSD/ Mental Health & for my Hip Replacement.

Today I got a phone call from the Navy Chiefs that are assigned to Naval Hospital Portsmouth with the assignment to counsel the service member once findings come back from the IPEB. The Chief informed me that the IPEB findings(???) came back as "Presumption of Fitness." I've searched all over the forum & have only found threads about Presumption of Fitness that pertain to service members who've already hit their 20 year mark & are wanting to overcome the Presumption of Fitness finding; basically it is a bad thing for them. I think in my case that it may be a great thing.

A few questions:
1. Is the Presumption of Fitness finding a positive finding in my case since I've yet to hit my 20 year mark.

2. HQ Marine Corps (HQMC) has already made my End of Active Service (EAS) to 99999, which is basically indefinite, before the IPEB findings came in. I think HQMC did this because I will/would either be retired via disability or by Length of Service (LOS) & high year tenure due to being a SSgt/E-6 & the 20 year service limit for my rank/rate. I do not have a retirement date & have not even put in a request for retirement. Am I still eligible for the Presumption of Fitness even though I don't have a approved retirement date?

3. For clarification, the Presumption of Fitness doesn't effect my disability ratings; does it?

4. Is the Presumption of Fitness (PFIT) widely known that the person is still disabled even though they received PFIT findings?

5. Does the PFIT findings have any effect on SSDI? I would think not since the VA disability system & SSDI are very different from one another?

6. Does the PFIT finding negatively effect my potential VA ratings? Will the VA see that PFIT findings was assigned & then think that I "must not be that disabled?"

Thank you in advance for any & all of you fine folks that help a broken down Marine.

Respectfully;
Donnie L Hoskins
Staff Sgt/ USMC (Active)
 
PFit, or Presumption of Fitness is when you are so close to your 20 years, that they know by the time all the paperwork is done with you will be past your 20. So they let you retire at 20, and in the mean time the VA can get your claim stuff straight for your care after you separate. The general rule of thumb is after 18 years of service, PFit is considered first.
You are still eligible for retirement even though you dont have a date, this gets the process going.
P-Fit does not effect your ratings.
Yes it is known, or supposed to be, that you are just ridding out your time waiting for it to all fall into place.
P-fit should not effect SSDI. SSA is really good about understanding military members, and the situations we are in. I have been receiving SSDI for sometime now even though I am still active. Its about the work you ARE doing, and are ABLE to do, not the paycheck you receive from the Marines.
P-Fit does not effect the VA ratings. Before IDES, people used to sit waiting for PEB and separation for YEARS. They rate you based on the VA Rating Schedule. Not if the Marines decided to keep you for 5 more months.

P-Fit can be great. If you reach your 20, and meet the other requirements, you may be eligible for CRDP, CRSC, and disability.

Good Luck!!
 
@OutKast Six, I am at about 23 yrs of service and was told that I was found unfit. High year tenure is not a factor in my case so I'm not sure about that part. Did you hit that mark prior to getting in the IDES process or after it was already started?
 
I actually think that this is a positive thing for you. The presumption of fitness is more than likely because of your high year tenure. The USMC does not feel they will have to compensate you for your lost career because it ends at your 20 year mark. You are pretty much guaranteed a LOS retirement unless you run into some other sort of issue (keep your nose clean).

As far as SSDI is concerned, I do not see how it would effect it, as SSDI doe not look at your current job, just your ability to perform SGA.

You stated that you were referred for PTSD/Hip replacement. You should file for CRSC for all of the conditions (referred or claimed) that are combat related.
 
slayhert said:
PFit, or Presumption of Fitness is when you are so close to your 20 years, that they know by the time all the paperwork is done with you will be past your 20. So they let you retire at 20, and in the mean time the VA can get your claim stuff straight for your care after you separate. The general rule of thumb is after 18 years of service, PFit is considered first.
You are still eligible for retirement even though you dont have a date, this gets the process going.
P-Fit does not effect your ratings.
Yes it is known, or supposed to be, that you are just ridding out your time waiting for it to all fall into place.
P-fit should not effect SSDI. SSA is really good about understanding military members, and the situations we are in. I have been receiving SSDI for sometime now even though I am still active. Its about the work you ARE doing, and are ABLE to do, not the paycheck you receive from the Marines.
P-Fit does not effect the VA ratings. Before IDES, people used to sit waiting for PEB and separation for YEARS. They rate you based on the VA Rating Schedule. Not if the Marines decided to keep you for 5 more months.

P-Fit can be great. If you reach your 20, and meet the other requirements, you may be eligible for CRDP, CRSC, and disability.

Good Luck!!
Click to expand...
Thank you! How difficult was it for you to get SSDI? Did you have to get a lawyer?

CWOUSMC said:
@OutKast Six, I am at about 23 yrs of service and was told that I was found unfit. High year tenure is not a factor in my case so I'm not sure about that part. Did you hit that mark prior to getting in the IDES process or after it was already started?
Click to expand...
Good afternoon Sir. I hit 19 years of service when I referred to the IDES. My high year tenure is at 20 years. With the PFIT finding I will be able to retire at my actual 20 year mark.

gsfowler said:
I actually think that this is a positive thing for you. The presumption of fitness is more than likely because of your high year tenure. The USMC does not feel they will have to compensate you for your lost career because it ends at your 20 year mark. You are pretty much guaranteed a LOS retirement unless you run into some other sort of issue (keep your nose clean).

As far as SSDI is concerned, I do not see how it would effect it, as SSDI doe not look at your current job, just your ability to perform SGA.

You stated that you were referred for PTSD/Hip replacement. You should file for CRSC for all of the conditions (referred or claimed) that are combat related.
Click to expand...
Thank you for your info & I feel that I'm comfortable.
 
I had a meeting with one of my PEBLOs today to discuss the findings. Obviously the findings was PFIT, however, I haven't signed the paperwork yet.

After my meeting with the PEBLO, I went and talked to my Sergeant Major (E-9/ USMC). I informed him of the decision & he seemed pleased. He stated "now you can go out on your own terms." My SgtMaj has been a Godsend! He's a combat veteran & knows all to well about how PTSD can mess with you. I informed him that now I will be dropping retirement papers & my date of retirement, well the date I start my Terminal Leave, will be 09 July 2016. He's all for it & informed me to make sure I get all my paperwork in & to keep him informed on my process. Every time I speak with him he asks how I'm doing (mental & physical) health wise & asks "what can I do for you" or "what do you need from me." He also told me that he's in my corner & will help me anyway possible within his power... even said he would get involved with anything if I'm not being treated right. Since I'm mentally & physically broken & can't work... I report directly & only to the SgtMaj.

So, I'm feeling confident that all is well with the PFIT finding & that I will be retiring via LOS. I do have a question(s):

1. Since I've already done my C&P Exams; when can I find out what my VA Disability Ratings are?

2. What do I need to do now to get the VA to rate my disabilities since I received the PFIT finding?

3. Basically I'm asking for any assistance on what I should be doing next... what my next steps should be in order for me to get my VA Disability Ratings & compensation ($$$$) as quickly as possible upon my retirement!?
 
I did not have to get a lawyer. I have been on LIMDU for over a year now, and all my medical issues were very well documented. So between that, and being at a command where I held no actual billet, or responsibilities, made for a very good argument.
They consider your work/pay as active duty "humanitarian". AKA you dont do anything for the job, they just dont want to put you on the street with no pay.

You should be able to ask your VA Rep to see if he can see your ratings. Its also possible they have not started ratings because you were technically found fit. I think your VA rep should be able to assist you with all your questions from here on out.
 
Staying for 20 should work in your favor financially. Like @slayhert, I did not need an attorney either. I filed while on AD and had a decision in less that 60 days.

Best wishes.
 
@OutKast Six I would stop in to see the MSC. I saw another post somewhere on this site with a member who was found fit and was retiring. The PEBLO had told them that all the work with the VA was good to go and they would still get their VA rating. As it turned out after waiting and waiting, that was not the case. the VA process had stopped as soon as the member was found fit and it took some action on their part to get it going again. I think the reason maybe that the VA has no idea what your future plans are and they don't assume that you will be exiting quickly. Like I said I think it's work speaking with the MSC and letting them know you want to rollover everything you just did because your getting out regardless of your PEB finding. It would be a shame to have to start the VA process over a second time.
I could be wrong and the member who posted that situation could have been an exception but definitely worth asking about.
 
chaplaincharlie said:
Staying for 20 should work in your favor financially. Like @slayhert, I did not need an attorney either. I filed while on AD and had a decision in less that 60 days.

Best wishes.
Click to expand...
Ditto on this Outcast.
 
You must log in or register to reply here.
Top