I have 21 years TIS. 8 years AD crew chief F16/F15s the rest as a dual status technician ANG crew chief F15. I bought my time back so my fed time is the same 21 years. I am currently on Owcp compensation since 10/27/22 for an injury while working on the civilian side which was exacerbated during drill. I was put on LWOP and forced to file a claim with the Dept of Labor. I was notified that I was unfit for duty on 11/4/23 I signed the 1180 to appeal the decision. I had 2 ILODs that weren't included in the narrative I specifically informed the mil Dr of nor was the exacerbation noted. I was contacted by the ODC attorney today 11/20/23. He said that my condition was accepted by the Dept of Labor so I couldn't claim it for compensation on the mil side. I have alot of other conditions they didn't include in the IPEB process. Specifically from OIF deployment to Balad AB Iraq, Guam, being stationed in Japan for 4 years, being a crew chief for almost 22 years, etc. He told me to think about what I wanted to do and didn't think I had a case to claim anything. I tried to request they considered all conditions as a whole in the beginning of this process and was told to claim all of that to the VA. I am going to request a review and that all conditions be considered. The attorney said that since I was found unfit for duty I would get the fers disability retirement and also have to apply for ssdi. Plus whatever the VA rating is. I put in an intent to file during the Pact Act period and hired an attorney to deal with the VA stuff. My consult with VA attorney is scheduled for 11/27/23. I just need help for the ipeb appeal process. Anyone have any advice?
ANG Dual Status Technician found unfit for duty for Owcp accepted condition
- Thread starter Silver_Fox
- Start date
I guess I'm trying to find out if I should try to include other med conditions be included during the ipeb that were in the line of duty or just go with the findings and collect the fers disability and file for VA compensation after. I guess my case is rather complicated with the dual status situation. Any help would be greatly appreciated.
This is a complicated scenario for sure. First off, I'm sorry they are trying to screw you. A lot of medical people give really crappy advice because they only know their small piece of the puzzle and not the complete picture.
The problem for you as I see it is LODs in and of themselves don't mean jack to the DOD. It is only if the LOD describes an injury or condition that the DOD deems unfit for service that they actually care about it. You can be all sorts of jacked up and still serve. I think that is why the Doc said to claim it with the VA because they are correct. All of that is service-connected and should be claimed with the VA.
Your scenario unfortunately is why it sometimes sucks to be a technician. You were injured as a civilian and that injury made you unfit for service. Everything else in your military medical record is only useful for the VA unless it says in the MSD that it is unfitting condition OR that it is related to your unfitting condition and won't be considered by the PEB.
I'm sure you have more questions based on my response. Standing by until you fire a couple back.
Godspeed
The problem for you as I see it is LODs in and of themselves don't mean jack to the DOD. It is only if the LOD describes an injury or condition that the DOD deems unfit for service that they actually care about it. You can be all sorts of jacked up and still serve. I think that is why the Doc said to claim it with the VA because they are correct. All of that is service-connected and should be claimed with the VA.
Your scenario unfortunately is why it sometimes sucks to be a technician. You were injured as a civilian and that injury made you unfit for service. Everything else in your military medical record is only useful for the VA unless it says in the MSD that it is unfitting condition OR that it is related to your unfitting condition and won't be considered by the PEB.
I'm sure you have more questions based on my response. Standing by until you fire a couple back.
Godspeed
After talking to my counsel. If I try to bring other conditions and get them covered as unfitting conditions to get DOD compensation, I have to prove they are unfitting and service connected. This would mean letters from doctors stating that, but the only thing I would be fighting for is to be covered by Tricare VS BCBS as long as I could get the rating to 30%. I'm not sure if fighting to get the Tricare is worth it or just accepting the tech disability and keep BCBS and claiming everything else to the VA. If I did get to 30% DOD it would be subtracted from my VA compensation. Really just need to figure out if the Tricare coverage is better than BCBS and if it's worth the uphill battle going that route. Thanks
Tricare for life is absolutely worth it. It has saved me soooo much money. It honestly is probably a million dollar benefit over a lifetime.
You VA disability payment would absorb all of your DOD pay so it would only be for the tri-care. I can't stress enough how impactful that benefit is if you have the opportunity to get it. It's worth fighting for.
You VA disability payment would absorb all of your DOD pay so it would only be for the tri-care. I can't stress enough how impactful that benefit is if you have the opportunity to get it. It's worth fighting for.
If I've claimed things for VA comp already which haven't been approved could they be claimed on the DOD side for the appeal? I know I can't get compensated by both. I just didn't want to waste time with this situation coming to a head. I know I'd have to get at least 30% and I'm not sure how hard that is DOD wise vs the way VA rates things
The hardest part of your journey will be getting a VA condition pulled over to the DOD as an unfitting condition. I would recommend legal counsel if you have any questions as to how to do that. It's a process.
Update and a few questions someone may be able to answer. I was notified I was 100% P&T VA since the IPEB process started. I have over 20 years both mil and fed service. After completing my FPEB it was not found in my favor for service connection even though it is and I was found unfit for duty not service connected. I just don't see how all this transpired. My original injury was on active duty before I transitioned into a technician slot without a break in service. The injury is even noted on my guard medical intake docs. I reinjured the same part on civilian service several years later. I also exasterbated the injury on Drill and reported it to the supervisor and medical which sat on the info. The following week I brought limitations from my Dr and was told there is no light duty and I was placed on Lwop and told by command even though I let them know it happened on drill I had to file an owcp claim since it was related to that injury. I notified command via email from union rep again of it being during drilI and also during a recorded conference call with command one being the IG. They didn't initiate the proper steps outlined in AFI 36-2910 after it was reported. I was told after the FPEB that if I tried to appeal I could be charged with fraud even though I had all the documentation proving exactly what is the truth. They used a response I wrote to a commander impact statement stating the unfitting condition was a combination of Active duty and civilian injury. I had to waive the appeal because the provided counsel said they couldn't represent me anymore and I couldn't get any paid counsel lined up before the response deadline. The ODC said I could file for a correction of record which I'm not sure if it's true? Is that the end of this fight? Am I out of options? I feel like everything got misconstrued during the FPEB and even took a recess to talk to counsel because I could tell they weren't understanding what I was trying to accomplish. I even asked counsel prior to the FPEB about the situation and how the IG told me to file a owcp claim and totally disregarded the reporting of the exacerbation. I was literally told to leave the premises and I was being put on Lwop. I feel like I got royaly screwed throughout this process. I requested reasonable accommodation multiple times with no response while others were being accommodated physically verified and addressed by the union with no response. Discrimination on the civilian side and military side not following afi 36-2910 when notified of all this.
I had to submit a retirement package on the mil side. They have messed it up several times. Still in process. I was told by Arpc once the retirement goes through I need to file a disability retirement application on the mil side. I was told this by 2 seperate liason. I didn't think that was an option? They also mention CRSC which I'm still trying to research. My rated conditions are combat related so I'm not sure if I qualify.
The civilian retirement rep says once my mil retirement goes through I file a FERS disability retirement package and once they disallow it I'm entitled to Public Law retirement. I havent found much info on it regarding how it differs from regular FERS disability.
This has been a rough process. No one has any answers. I get the run around everytime I ask questions and referred from person to person with no one knowing any answers. I try not to get frustrated but it's been a very defeated feeling through this process. Everyone just wants me to except what I'm going to get even though it's not right. It's like no one wants to deal with it because of how complicated it got. During this process I've learned that this unit is notorious for this exact thing and had been found in the wrong for this exact thing on an investigation which started right before my situation and just closed out. I really don't know what to do or even what options I have since I can get no answers or support.
Thanks
I had to submit a retirement package on the mil side. They have messed it up several times. Still in process. I was told by Arpc once the retirement goes through I need to file a disability retirement application on the mil side. I was told this by 2 seperate liason. I didn't think that was an option? They also mention CRSC which I'm still trying to research. My rated conditions are combat related so I'm not sure if I qualify.
The civilian retirement rep says once my mil retirement goes through I file a FERS disability retirement package and once they disallow it I'm entitled to Public Law retirement. I havent found much info on it regarding how it differs from regular FERS disability.
This has been a rough process. No one has any answers. I get the run around everytime I ask questions and referred from person to person with no one knowing any answers. I try not to get frustrated but it's been a very defeated feeling through this process. Everyone just wants me to except what I'm going to get even though it's not right. It's like no one wants to deal with it because of how complicated it got. During this process I've learned that this unit is notorious for this exact thing and had been found in the wrong for this exact thing on an investigation which started right before my situation and just closed out. I really don't know what to do or even what options I have since I can get no answers or support.
Thanks