Eight year rule

flyin_dutchman

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UPDATE!! My LOD appeal had moved very slowly through the process and every reviewer determined that the initial determination was correct and stated that I had provided no new evidence. So, I spoke with my NAF/SG folks about my situation a few weeks back. They reviewed my documents and the case in its entirety and recommended that I write to my congressman to put some pressure on the folks in the process. I did as they had recommended and the rep from my congressman's office called me the next day. I sent them everything I had and they forwarded a request to HAF to provide "evidence that member's condition existed prior to the period of service". Two weeks later, I have the appeal determination on my desk. MGen Flournoy (AFRC/CV) has concurred with my appeal and has determined my condition to be IN THE LINE OF DUTY!

Never give up folks. Fight the good fight from the beginning of the process when correcting the wrongs is not as arduous.
I am SO HAPPY that there is positive news in your case!! Sometimes it takes the fog to lift so that others may see?? :) I have actually flown with MG FLournoy in the past, he is a decent human from what I saw.... LOL
Keep on keeping on Fishmom! I hope things only get better for you!
 

Fishmom

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I found the AFI for orders disability processing for ARC members. AFI 36-3212 Physical Evaluation for Retention, Retirement, and Separation is where it talks specifically about the disability evaluation of ARC members in chapter 8.

Paragraph:
8.1 Purpose. This chapter provides the guidelines for processing through the disability system certain ARC members who meet eligibility requirements in paragraph 8.2 Paragraph 8.3 gives an ineligibility guideline. The Air Force disability system will evaluate ARC members who meet the basic requirements for disability benefits under 10 U.S.C., chapter 61.

8.2. Eligibility for Disability Processing. The following ARC members who have impairments which were incurred or aggravated in the line of duty are eligible for disability processing:
8.2.1. On active duty for 31 days or more while the member was entitled to basic pay.
8.2.3. On active duty for 30 days or less or on call to Inactive Duty Training (IDT).

8.6.1. An ARC member who incurs a disability while performing AD on orders for 30 days or less is not ordered or continued on AD past the date specified solely for processing under this instruction. However, the member is eligible to receive medical care and evaluation.

8.6.2. ARC members who incur or aggravate an injury, illness or disease in the line of duty while on orders for more than 30 days are not involuntarily released from those orders until final disposition of their disability case. These members' entitlement to full pay and allowances and benefits continue to the same extent provided by law or regulation to regular component members.

So while I fell under the 8.6.2 paragraph for my situation, "They" told me that MEDCON is the AF mechanism to keep me on orders to meet the intent of this AFI, but if you fail to qualify for MEDCON, you will be cut off. It is definitely a situation where you could probably fight the BCMR to fix it, but you are stuck in the limbo in the mean time without being on orders during the IDES process.
I read n MyPERS the application process for BCMR. It states that you should try to resolve the issue before applying to BCMR. So, with that I have drafted a letter that requesting the back-dated orders, pay & benefits, for the period of time from when my MEDCON orders were terminated until I was returned to duty with the ALC through the IRILO process. I am wondering if I should state in there that I have had to continue with physical therapy at minimum twice a month (previously weekly until my insurance refused to pay) just to maintain some range of motion. I have lost some range of motion but without therapy the muscles and tendons stiffen so much that I can raise my arms over my head.
 

Guardguy11

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The more data you can put in their the better, but be advised, the BCMR is an incredibly lengthy process. You will most likely make it through the entire IDES process before it is even seen by the board.
 

Fishmom

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The more data you can put in their the better, but be advised, the BCMR is an incredibly lengthy process. You will most likely make it through the entire IDES process before it is even seen by the board.
Well, I was thinking, to stay within that "try to resolve it outside the board" thing I would send this to ARC-CMD. I am sure they will deny but what the heck. It's worth a try right?
 

Guardguy11

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Ohhh, I am tracking with you now. Absolutely go that route. When My MEDCON lady was telling me I was about to get screwed because I wasn't in "restorative care", she said I would have to file a BCMR to get my back pay. Apparently they can't authorize it at their level. Definitely worth a shot. Just want to set expectations :)
 

Fishmom

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Ohhh, I am tracking with you now. Absolutely go that route. When My MEDCON lady was telling me I was about to get screwed because I wasn't in "restorative care", she said I would have to file a BCMR to get my back pay. Apparently they can't authorize it at their level. Definitely worth a shot. Just want to set expectations :)
I am sure they will say no or they can't or whatever. I don't have a MEDCON lady. I am trying to figure this all out solo. Worst case scenario they deny it and I send their denial along with everything else to BCMR. I have been trying to find an attorney to help me draft my appeal to the BCMR because I read that you only get one shot at it. I don't want to squander that.
 

Guardguy11

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Feel free to e-mail the ARC-CMD Medcon people that are referenced in 36-2910 @ [email protected]

They should be able to answer any questions related specifically to MEDCON and then you can attach their e-mail to whatever package you end up sending to leadership or the BCMR.
 

Fishmom

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I have received a copy of an Advisory Opinion from ARC-CMD that went to.thr AFBCMR. Essentially, ARC-CMD advises that I should be granted back pay and entitlements for the period of 17 Feb 2018 thru 2 Nov 2018 when I was returned to duty at the completion of my MEB since my condition was found to be in the line of duty and there was less that 2 week gap from the end of the initial MEDCON and me starting intensive physical therapy for conditions related to the ILOD condition.
Now, I just wait and pray that the AFBCMR agrees with the advisory opinion.
I also have received a date to start my reconstruction. I will have my first surgery on 10 Jan 2020. I am working now to get the MEDCON orders started after the new year for all the pre-OP appointments.
Thank you all for your knowledge, encouragement and support. When I started to.lose faith you gave me the boost I needed to keep up the fight. Thank you.
 

Armypilot

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Fishmom, first of all, I feel your pain. I was diagnosed and treated for cancer twice while on AD years ago (1982), and yet, when I finally started having too many collateral issues while serving as a Reserve member (Army pilot), issues that my treating physicians thought were directly related to the cancers and their treatment, I was put thru the IDES and to my surprise, the Army agreed that they were related to the original cancer, which had been ruled ILOD, by the way. If you developed cancer while serving, it should definitely be considered ILOD. The idea that cancers are pre-existing is truly ridiculous!
I wish you the very best. I went through the IDES and was medically retired. I hope they treat you fairly, and give you the retirement you deserve. I served 40 yrs between AD and Reserves, and loved being able to serve my country and fly around the world, but I am also very grateful I was given a fair shake at the IDES. Get a lawyer and fight any unfair decision, you are fighting for your life, literally. I would not have been able to afford the continuing medical treatments without my Tricare for Life. God Bless you, and best of luck. And remember, fight, fight, fight!
Old Army Aviator, glad to be alive.
 

Hawaii5-0

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Thank you all for your knowledge, encouragement and support. When I started to.lose faith you gave me the boost I needed to keep up the fight. Thank you.
I'm glad they are FINALLY seeing things the correct way. We had your back;) People don't read their own AFI's and do right by the member these days;( The BCMR should take ARC-CMD's opinion since they are the ones who control MEDCON...well...with the blessing from SAF. There is another case that Jason worked on back in 2012 and he has the finding posted on the forum. It is similar to yours and while the AF doesn't say that a previous BCMR decision sets a precedence...the federal judges on appeal will.

There is an update to an AFI that JUST dropped last week. This is an AFI update addressing local level MEDCON orders processing (doesn’t cover down on AFPC/ARC-CMD/SAF MEDCON Allotment).

A update to the MPA reg, AFI 36-2619 was published on 25 Nov 2019.
Of significance is a paragraph IRT MEDCON:

Para 1.2.5.10: Publishes MEDCON [referring to para 1.2.3 AFRC & ANGRC] AROWS order, within 5 duty days after receipt of allocation or prior to expiration of MEDCON tour whichever occurs earlier.​

I'll post this reg in the AF forum now.
 
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