19 yrs of service, informal board found me unfit with non-compensable condition

F

Freddy

PEB Forum Regular Member
Registered Member
Hi, hoping someone can give me some insight. Have 19 yrs (12 active and 7 yrs reserve). Was just found unfit, non-duty-related, with a non-compensable condition (perm. profile from complete torn calf muscle during ACFT in the Reserve) by informal med board. I am currently 100% VA rated as a result of combat-related TBI & PTSD, which the board didn't include for whatever reason.

1) What does non-compensable mean in the scope of medical retirement?
2) What is the likelihood I'll get a lump sum? If lump sum, will it get offset because of my 100% va comp?
3) If I am boarded just for the torn calf (my perm. profile), does this mean I will not qualify for CRSC or are combat-related VA comp factored in to be eligible for CRSC?
4) Why is it non-duty related when I got the injury during drill ACFT?

I submitted a rebuttal but if lump sum (that is NOT offset by my VA comp) is likely, I'd rather rescind the rebuttal and just go for the quick separation. Any insight is greatly appreciated.
 
Unless you're using language I don't understand, non-duty related and non-compensable means you don't *get* a medical retirement. You'll be separated because your condition makes you unfit to serve, but you'll have no retirement and no DOD benefits.
 
fredericksonc said:
Hi, hoping someone can give me some insight. Have 19 yrs (12 active and 7 yrs reserve). Was just found unfit, non-duty-related, with a non-compensable condition (perm. profile from complete torn calf muscle during ACFT in the Reserve) by informal med board. I am currently 100% VA rated as a result of combat-related TBI & PTSD, which the board didn't include for whatever reason.

1) What does non-compensable mean in the scope of medical retirement?
2) What is the likelihood I'll get a lump sum? If lump sum, will it get offset because of my 100% va comp?
3) If I am boarded just for the torn calf (my perm. profile), does this mean I will not qualify for CRSC or are combat-related VA comp factored in to be eligible for CRSC?
4) Why is it non-duty related when I got the injury during drill ACFT?

I submitted a rebuttal but if lump sum (that is NOT offset by my VA comp) is likely, I'd rather rescind the rebuttal and just go for the quick separation. Any insight is greatly appreciated.
Click to expand...
1. No Medical Retirement as condition was not duty related.
2. No Severance for same reason as answer #1
3. CRSC has its own qualifications and what you are boarded for has no bearing on getting it. Also, you must be retired to get CRSC so you won't be eligible for it right away.
4. Its non duty related because you didn't have LOD. If they are wrong then you can try to challenge it. I would talk to an experienced attorney about your options. You may not have any options if you missed out on timeline to appeal.
5. Other than challenging everything I would immediately drop a COAR packet allowing you to drill to hit 20 good years. That will allow you to get your 20 year letter and retire at age 60 or slightly less if qualified deployments reduce it. Worst case scenario is a 15 year letter which would be automatically be given to you if you don't complete 20 good years. The downside to a 15 year letter is that you wouldn't qualify for CRDP at retirement meaning any VA compensation would offset your earned longevity pension.
 
PERS-95 said:
Unless you're using language I don't understand, non-duty related and non-compensable means you don't *get* a medical retirement. You'll be separated because your condition makes you unfit to serve, but you'll have no retirement and no DOD benefits.
Click to expand...
19 yrs of service down the drain with nothing to show for it? How do I
Provis said:
1. No Medical Retirement as condition was not duty related.
2. No Severance for same reason as answer #1
3. CRSC has its own qualifications and what you are boarded for has no bearing on getting it. Also, you must be retired to get CRSC so you won't be eligible for it right away.
4. Its non duty related because you didn't have LOD. If they are wrong then you can try to challenge it. I would talk to an experienced attorney about your options. You may not have any options if you missed out on timeline to appeal.
5. Other than challenging everything I would immediately drop a COAR packet allowing you to drill to hit 20 good years. That will allow you to get your 20 year letter and retire at age 60 or slightly less if qualified deployments reduce it. Worst case scenario is a 15 year letter which would be automatically be given to you if you don't complete 20 good years. The downside to a 15 year letter is that you wouldn't qualify for CRDP at retirement meaning any VA compensation would offset your earned longevity pension.
Click to expand...
Thank you so much! So basically, I need the formal board to find that my injury occurred during drill to get compensated/medical retirement? Are there other barriers to medical retirement for my situation?

Tons of evidence were sent to the board that showed all attempts were made to get LOD, including the evidence that was sent to HRC because the LOD still wasn't in the system after a year.

What more can I do to prove to the formal board it was during drill?

Know of an experienced attorney? I emailed ([email protected]) seeking counsel and they said, "Our office handles the Informal Board proceedings. Once you get your formal board notification your case will belong to the Formal PEB Counsel’s office. The Formal Board office usually does not reach out until it is closer to the board date so that the case can be assigned out. A Legal representative will usually contact you no later than 10 days before the board date." I would like to speak to someone sooner.
 
Provis said:
1. No Medical Retirement as condition was not duty related.
2. No Severance for same reason as answer #1
3. CRSC has its own qualifications and what you are boarded for has no bearing on getting it. Also, you must be retired to get CRSC so you won't be eligible for it right away.
4. Its non duty related because you didn't have LOD. If they are wrong then you can try to challenge it. I would talk to an experienced attorney about your options. You may not have any options if you missed out on timeline to appeal.
5. Other than challenging everything I would immediately drop a COAR packet allowing you to drill to hit 20 good years. That will allow you to get your 20 year letter and retire at age 60 or slightly less if qualified deployments reduce it. Worst case scenario is a 15 year letter which would be automatically be given to you if you don't complete 20 good years. The downside to a 15 year letter is that you wouldn't qualify for CRDP at retirement meaning any VA compensation would offset your earned longevity pension.
Click to expand...
Thank you so much! So basically, I need the formal board to find that my injury occurred during drill to get compensated/medical retirement? Are there other barriers to medical retirement for my situation?

Tons of evidence were sent to the board that showed all attempts were made to get LOD, including the evidence that was sent to HRC because the LOD still wasn't in the system after a year.

What more can I do to prove to the formal board it was during drill?

Know of an experienced attorney? I emailed ([email protected]) seeking counsel and they said, "Our office handles the Informal Board proceedings. Once you get your formal board notification your case will belong to the Formal PEB Counsel’s office. The Formal Board office usually does not reach out until it is closer to the board date so that the case can be assigned out. A Legal representative will usually contact you no later than 10 days before the board date." I would like to speak to someone sooner.
 
fredericksonc said:
Thank you so much! So basically, I need the formal board to find that my injury occurred during drill to get compensated/medical retirement? Are there other barriers to medical retirement for my situation?

Tons of evidence were sent to the board that showed all attempts were made to get LOD, including the evidence that was sent to HRC because the LOD still wasn't in the system after a year.

What more can I do to prove to the formal board it was during drill?

Know of an experienced attorney? I emailed ([email protected]) seeking counsel and they said, "Our office handles the Informal Board proceedings. Once you get your formal board notification your case will belong to the Formal PEB Counsel’s office. The Formal Board office usually does not reach out until it is closer to the board date so that the case can be assigned out. A Legal representative will usually contact you no later than 10 days before the board date." I would like to speak to someone sooner.
Click to expand...
Attorney options given already via PM. Good Luck!
 
Lawyer up.
 
You must log in or register to reply here.
Top