AGR Then "waiver" To DSG Cluster....

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Crap, we'll USSERA goes out the window then. You could start with unemployment and then hire a lawyer to work on getting you VA Individual Unemployablity. This gets you extra compensation and opens up the door for social security stuff.
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Timeline as of today:
Active Guard Reserve 1 May 2008 - 15 Oct 2018

NO LOD's Completed

8 Jan 2017 - AF Form 469 - Code 31 - Mobility restricted
3 Mar 2017 - AF Form 469 - Code 37 - MEB Processing? - IRILO
Early October 2017 - Commander's impact statement says retain can do duty position
about 17 Oct 2017 - Fit for Duty ALC Code C-2 per NGB/SG the non-deployable
16 Nov 2017 - new 469 Generated with non-deployable ALC code c-2
30 Nov 2017 - Referral EPR rated 2 closed out stating I'm incongruent to standards, and making mistakes and not adhering to AFI 36-2903 (so If I can do my job why are you telling me I'm not)
15 March 2018 - Notified by Commander I am non-selected to retain my AGR position with my orders ending 15 October 2018 - no reasoning given other than the LOR's and LOC's they have been slapping me with for being human after 2 big family losses (I was targeted) Total Active Service 15 Yrs 4 Months 7 Days.
13 Jun 18 - Due to changes in medical conditions and medications a new IRILO is completed. Fit for duty again from NGB/SG. updated to non-deployable ALC Code C-3
15 Oct 2018 - AGR tour ended

DSG

16 Oct 18 - Kept on as DSG (Drill status Guardsman) since I had to relocate for work and family i have to fly back round trip on my dime every 3 months to work in an environment with the perps...
Performed Quarterly UTA end of November-beginning of Dec 2018 - Very hard to focus and concentrate, anxiety attacks while in the office, and cant wait to ETS out in April with 17 Good Guard years because I obviously cannot handle it anymore.
28 Dec 2018 - Awarded 70% VA disability for my conditions. now pretty much I will now not get paid at all for attending these quarterly Drills.... at least it's only until April right?
End Of Feb - Beginning of March 2019 - supposed to be my last UTA. during my out-processing from the wing command chief and on down no one would approve me ETSing out. Promises made for cross training to get me out of the toxic environment, so DA Me Re-enlisted for 1 more year.
May 2019 - MRI of my spine and sleep study proving the presence of sleep apnea and a need for a CPAP has now increased my VA rating to 90%
May-June Quarterly UTA 2019 - Medical wants updated paperwork to do annual resubmission of the RILO. VA is very hesitant, and takes forever to get me to the right specialists to get the records the Medical group wants. Finally accomplished in August 2019 (while I'm going through some severe personal issues that makes matters worse)
21 Aug 2019 - Received a Statement of selection letter (non-duty DES) for rights to separate or be referred to the DES for fitness determination only..(WTF this all happened while I was on AGR status!!!)
22 Aug 2019 - new AF 469 accomplished Code 37 MR and FR
27 Aug 2019 - Received new impact statement to review - This one states do not retain.... yay!.... wait a min what is this? Section V of the AF 1185 states I was not in a military status when my conditions were Identified or originated, and that I had the conditions prior to me joining the ANG????? um no... this all started happening in 2015, and the last impact statement stated I was on orders so my comments below:

Note: Block V No. 1 Should be Yes and AGR orders 1 May 2008 - 15 October 2018 resulting in non-retain on AGR due to limited mobility status due to profile. Block V No. 2 Should be YES. Block V No. 3 Should be a No the member was diagnosed with original foot conditions (resulting in surgeries), back conditions, and Mental health conditions while on AGR orders (1 May 2008-15 October 2018), and while enlisted with the Fresno ANG from April 25 2008 to current. Please see Previous IRILO completed June 2018, and medical records. Currently 90% Service connected disabled (for Mental health and physical disability) and receiving VA benefits after AGR tour removal. AFSC is 6F071. - UPDATE: This has been corrected.

17 Sep 2019 - Found Unfit by NGB
19 Sep 2019 - Contacted by PEBLO
23 Oct 2019 - Contacted by VA MSC and PEBLO - IDES Processing elected. awaiting all appointments. I already had a scheduled for Psych eval due to possible PTSD non combat 31 Oct 19 and this links with the claimed conditions; (anxiety and depression, and the bilateral foot issues with arthritis)…. now the fun begins....
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
31 October - First C&P exam this one was for PTSD. The last one previously done was told "you don't have PTSD you only have anxiety and depression". This one seemed more like you have a lot of trauma... so see what this does for the MEB process... more appointments to follow...
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Just got a call about a short notice appointment tomorrow.... not sure which condition this is for but I'll find out.... already did the PTSD exam which should of covered my anxiety and depression (currently Rated at 30% for those 2 conditions combined by the VA but referred unfitting conditions), and the joint fusions in my feet (also at 30% by the VA and referred as unfitting). I'm guessing my feet. however would the current VA ratings somehow affect what i might expect for a DoD percentage? I hope it's a good sign I'll be retired, and I'm only 1 percentage point away from the 100% VA tipping point (currently 94 based on calculator). fingers crossed for it all to go well.
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
well that appointment was cancelled. it's supposed to be the cast one before it gets pushed to AFPC.... now waiting on QTC...
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
well More fun. VA evaluated me for PTSD.... Here is the C&P results:

SECTION I:


----------


1. Diagnostic Summary
Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteria
based on today's evaluation?
[X] Yes [ ] No

2. Current Diagnoses
a. Mental Disorder Diagnosis #1: MDD, recurrent, moderate
Comments, if any:
Veteran is 30% SC for MDD. Veteran's symptoms began while in
service and have continued. He does not meet criteria for PTSD. His
depression is caused by his experiences in service.

Mental Disorder Diagnosis #2: Personality disorder NOS

b. Medical diagnoses relevant to the understanding or management of the
mental health disorder (to include TBI): back pain, sleep apnea

3. Differentiation of symptoms

a. Does the Veteran have more than one mental disorder diagnosed?
[X] Yes [ ] No

b. Is it possible to differentiate what symptom(s) is/are attributable to
each diagnosis?

[ ] Yes [X] No [ ] Not applicable (N/A)
If no, provide reason:
symptoms are interrelated and impossible to differentiate

c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?
[ ] Yes [ ] No [X] Not shown in records reviewed

4. Occupational and social impairment

a. Which of the following best summarizes the Veteran's level of occupational
and social impairment with regards to all mental diagnoses? (Check only one)

[X] Occupational and social impairment with deficiencies in most areas,
such as work, school, family relations, judgment, thinking and/or mood

b. For the indicated occupational and social impairment, is it possible to
differentiate which impairment is caused by each mental disorder?

[ ] Yes [X] No [ ] Not Applicable (N/A)


If no, provide reason: symptoms are interrelated


c. If a diagnosis of TBI exists, is it possible to differentiate which


occupational and social impairment indicated above is caused by the TBI?

[ ] Yes [ ] No [X] Not Applicable (N/A)


SECTION II:


-----------


Clinical Findings:
1. Evidence Review

Evidence reviewed (check all that apply):


[X] VA e-folder
[X] CPRS
[X] Other (please identify other evidence reviewed):

I conducted a thorough psychosocial evaluation with the veteran.

4. PTSD Diagnostic Criteria

Note: Please check criteria used for establishing the current PTSD diagnosis.

Do NOT mark symptoms below that are clearly not attributable to the Criterion

A stressor/PTSD. Instead, overlapping symptoms clearly attributable to other

things should be noted under #7 - Other symptoms. The diagnostic criteria

for PTSD, referred to as Criterion A-H, are from the Diagnostic and

Statistical Manual of Mental Disorders, 5th edition (DSM-5).

Criterion A: Exposure to actual or threatened a) death, b) serious injury,

c) sexual violence, in one or more of the following ways:

[X] No criterion in this section met.


Criterion B: Presence of (one or more) of the following intrusion symptoms

associated with the traumatic event(s), beginning after the

traumatic event(s) occurred:


[X] No criterion in this section met.


Criterion C: Persistent avoidance of stimuli associated with the traumatic


event(s), beginning after the traumatic events(s) occurred,


as evidenced by one or both of the following:


[X] No criterion in this section met.


Criterion D: Negative alterations in cognitions and mood associated with


the traumatic event(s), beginning or worsening after the


traumatic event(s) occurred, as evidenced by two (or more) of


the following:

[X] Persistent negative emotional state (e.g., fear, horror,


anger, guilt, or shame).


[X] Markedly diminished interest or participation in


significant activities.


[X] Feelings of detachment or estrangement from others.


[X] Persistent inability to experience positive emotions


(e.g., inability to experience happiness, satisfaction, or


loving feelings.)


Criterion E: Marked alterations in arousal and reactivity associated with


the traumatic event(s), beginning or worsening after the


traumatic event(s) occurred, as evidenced by two (or more) of


the following:


[X] Irritable behavior and angry outbursts (with little or no


provocation) typically expressed as verbal or physical


aggression toward people or objects.


[X] Problems with concentration.


[X] Sleep disturbance (e.g., difficulty falling or staying


asleep or restless sleep).


Criterion F:


[X] Duration of the disturbance (Criteria B, C, D, and E) is


more than 1 month.


Criterion G:


[X] The disturbance causes clinically significant distress or


impairment in social, occupational, or other important


areas of functioning.


Criterion H:


[X] The disturbance is not attributable to the physiological


effects of a substance (e.g., medication, alcohol) or


another medical condition.
Criterion I: Which stressor(s) contributed to the Veteran's PTSD


diagnosis?:


[X] No criterion in this section met.


5. Symptoms


-----------


For VA rating purposes, check all symptoms that actively apply to the


Veteran's diagnoses:


[X] Depressed mood


[X] Anxiety


[X] Suspiciousness


[X] Panic attacks more than once a week


[X] Chronic sleep impairment


[X] Mild memory loss, such as forgetting names, directions or recent


events


[X] Disturbances of motivation and mood


[X] Difficulty in establishing and maintaining effective work and social


relationships


[X] Difficulty in adapting to stressful circumstances, including work or a


worklike setting


[X] Inability to establish and maintain effective relationships


[X] Suicidal ideation


[X] Impaired impulse control, such as unprovoked irritability with periods


of violence


[X] Persistent delusions or hallucinations


[X] Neglect of personal appearance and hygiene


[X] Intermittent inability to perform activities of daily living,


including maintenance of minimal personal hygiene


I would take this as... well you Do have PTSD but it is not service connected....

well I didn't have these issues 20 Years ago... How else would I have gotten it??????

Seemingly they are linking it back to my anxiety and depression I'm already rated for (I Hope)…. Confusing.... can anyone help me figure this piece out?
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I just had the exam for my feet today.... apparently I also have a mental health and hearing..... The saga continues
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I'm still alive. Have my Gen Med on wed 9 Jan 20. and the Med Board is due to AFPC on 14 Jan.... this is going to come down to the wire.... and the unit wants me there next month....
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Gen Med is done. Talked to PEBLO and she stated she would put money on this being an approved medical retirement. 3 conditions I'm already rated at 30% each by the VA and 2 of those should be increased to 70% due to the last MH exams.... I'm guessing if I use the calculator... Best Case 90%DoD 100%VA, Worst Case 70%DoD 90%VA (that I'm still fighting hearing loss and requesting increases due to mental health.... so hopefully ill still hit the 100%). I just hope nothing goes wrong and I get hosed....
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I just was told by my PEBLO the 3 conditions are only awaiting final ratings.... so I would guess unfit for duty here...
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
10 Feb 2020 - Original MEB submitted Claim Closed..... The anticipation of my DoD Rating.... Pray!!!! New Claim opened that should be completed by june at least, but my ETS is April.... I hope this means the DoD Ratings are done!
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
still crickets.... and my ETS is in 6 weeks.... gotta love VA being slow on ratings you already have...
 

Russ35057

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
VA RI Called Just now - 100% P&T Chapter 35, the conditions referred for the MEB MDD - 50% (GAD Combined), Bilateral Joint fusions in feet 30% and additional 10%right foot, and 10%left foot. if i run it through the calculator - 80%DoD....
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top