Base saying NON DUTY medical discharge but have LODs

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I have 15 years in the AF and I injured my Rt Knee in 2002 at tech school when another Airmen fell on my knee, I have the LOD and all documentation. I reinjured the Rt knee in 2003 Al Udeid during Enduring Freedom and I have that documentation and LOD, and the Doctor there said possible ACL tear. When I got to my home base they generated another LOD and I had a MRI done. Torn meniscus and ACL damage saw the active duty Doctor and he said at my age I could live with the damage and if it started hurting get debridement, I was 33. I just got a total knee replacement.

Most recently I injured my Lt knee during a CRI when my knee popped out assembling heavy equipment to build bombs. I was placed on MEDCON/LOD. Got the MRI and the Doctor's note said I need a knee replacement and due to my condition this does preclude me from further service in the Air Force and he recommended medical board evaluation.

NOW THE KICKER!! The base says my injuries are non Duty related and I will be discharged under NDES System and they tell me my injuries are degenerative and due to prolonged osteoarthritis. So what now I just get NO RETIREMENT??? I can't get my 20 years? NOTHING?

On the good side the VA did give me a 50% rating but I should get something for 4 combat zones and over 15 TDYs. Let me get my 20 and insurance!!!
 
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I don't see how they can say it is not duty related. I think there is a minimum % and the DOD rating should match the VA rating. If the VA says just the knee is 50 % and that is what you med board is for then you will be retired.
 
There is a problem here, perhaps you can fill in the blanks...

Are you currently on active duty or reserve status? If you are a reservist are you currently on active duty orders for more than 30 days?

If you are currently on active duty for greater than 30 days, the eight year rule should apply and the condition should be presumed to have incurred in the line of duty.
 
I am not on active duty and the screwed up my Med-Con orders and i was neglected full treatment for my knee. There has been A LOT of turn over in our medical group and the National Guard is not equipped to handle medical in my opinion.

I joined 09/26/01 and was a dual status technician from 2003 until 2015 until I was injured and had to resign. I am now just a traditional guardsman and self-employed/full time student. I am hearing that if you make it to the 15 year mark that you can still get some retirement.

Thanks for responding.
 
Donald40 said:
I am not on active duty and the screwed up my Med-Con orders and i was neglected full treatment for my knee. There has been A LOT of turn over in our medical group and the National Guard is not equipped to handle medical in my opinion.

I joined 09/26/01 and was a dual status technician from 2003 until 2015 until I was injured and had to resign. I am now just a traditional guardsman and self-employed/full time student. I am hearing that if you make it to the 15 year mark that you can still get some retirement.

Thanks for responding.
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How do you get injured and resign. Can you explain that statement. The way I read it. You had to quit your job because of your injury?
 
There are so many factors in play in your scenario. If you had to resign due to your AD injury, you should have been looked at for the 60/40 technician early retirement.

Either way, I hope I can provide some insight to your scecific case. First thing first, if you hit 15 years of total service (including DEP), you can apply for early retirement if they recommend separation for non duty related medical conditions (AFI 36-3212 para 5.12). That will hopefully at least put you at ease enough to know you can still get your Guard retirement at age 60ish. Granted, medical is $1k a month for TRS when you retire... but it's not the worst out there.

Are you currently on MEDCON orders now? Is your LOD an interium or has it been signed by NGB yet?
 
@Guardguy11 @Deno This was a dead thread. the OP has not been on in 3 years. probably wont get anything back from the OP. but this looks like the BS i'm going through now except I was an AGR now Traditional.
 
I feel like a dumbass... Note to self, check the OP date next time.
 
Guardguy11 said:
I feel like a dumbass... Note to self, check the OP date next time.
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It happens to everyone, some of us more than once! Have a great day. I appreciate the guard experience you bring to this forum.
 
Guardguy11 said:
There are so many factors in play in your scenario. If you had to resign due to your AD injury, you should have been looked at for the 60/40 technician early retirement.

Either way, I hope I can provide some insight to your scecific case. First thing first, if you hit 15 years of total service (including DEP), you can apply for early retirement if they recommend separation for non duty related medical conditions (AFI 36-3212 para 5.12). That will hopefully at least put you at ease enough to know you can still get your Guard retirement at age 60ish. Granted, medical is $1k a month for TRS when you retire... but it's not the worst out there.

Are you currently on MEDCON orders now? Is your LOD an interium or has it been signed by NGB yet?
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Opened to add an important distinction to the above remark concerning 15 year retirement.

Members who are allowed to retire at 15 years due to separation for non-duty related medical conditions are not eligible for CRDP at any age.

Consequently, the reserve retired pay would be reduced by the amount of VA compensation received, but CRDP would not restore the longevity portion.

The only exception to the 20 year requirement for CRDP are TERA retirees which has not been discussed in this thread (to my knowledge).

Ron
cc: @Guardguy11
 
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