In 2004, I was told to go into the basement of an armory to identify equipment that was stored in a box. I was there for less than 5 minutes and lost my breath and had chest pains. I ended up at the ER because the chest pains had not subsided and I was still having difficulty breathing. They told me I was having an asthma attack. I had never had one before. They suggested following up with my PCP, which I did, and then I was referred to an allergist. It was determined that I had a severe allergy to mold which, in turn, caused an asthma attack. One year later, I attempted an APFT and was pulled out due to having to use my inhailer more than 4 times after the first mile. I was told that if I could walk the APFT they'd be happy with it. I did and passed. Since moving, I have been on inhailers and now on a cortizone based inhailer which I use once per day and I use my albuteral inhailer at least once per day. I'm also on singular. Since the incident had happened such a long time ago, and in between that time and now, I had transferred to another state, there was a formal LOD conducted. I supplied all docs from the ER, my PCP and the allergist. I have over 8 years AFS. My LOD was started May of 2007 after I had a required physical and it was determined that I was no longer fit for duty. The LOD is still sitting at the state level. What happens next or what should have happened by now? I have already been involuntarily extended for 6 months due to my ETS which was last November. Will I be given the opportunity for an MEB or a PEB? What to you feel, if any, will be my disability rating? I was told to sign a document which would not enable me to receive any benifits (severence or otherwise), which I refused to sign. How long does this process take? I ETS again in three months.
LOD to MEB/PEB
- Thread starter csswwife
- Start date
Asking you to sign something that takes away something you rightfully entitled to is both despicable and underhanded. It's great to hear you told them to pound salt.
Welcome here! Everyone here is eager to welcome new members, and to help out where they can. Jason's probably still sending nasty grams to the Giants, but he and everyone else who knows anything about this will be along shortly. Good luck to you!
-Guy
Welcome here! Everyone here is eager to welcome new members, and to help out where they can. Jason's probably still sending nasty grams to the Giants, but he and everyone else who knows anything about this will be along shortly. Good luck to you!
-Guy
Jason Perry
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csswwife,
Welcome! I am sorry to hear how they are handling your case.
Per AR 600-8-4, Table 3-2, the reviewing authority for ARNG cases (the State TAG) should complete processing of a formal LOD investigation within 70 days from the incident. Obviously, they did not initiate it in a timely manner, so I would look to the 70 days starting from initiation of the investigation.
However, if they do not process the LOD, the PEB can conditionally adjudicate your case as in the line of duty, per AR 635-40, para. 4-19 g:
"(3) The deputy commander, PEB president, or alternate PEB president have the authority to make a finding of “in line of duty—not due to own misconduct” in the following categories below when an LD determination has not been made at the time a case is referred to a PEB. This authority may only be used when the PEB is convinced no further investigation is required and the weight of the evidence in the case indicates that the injury was not due to misconduct or willful negligence, was not incurred during a period of unauthorized absence, and that the use of alcohol or drugs was not involved.
(a) Training accidents to include maneuvers and physical training.
(c) Individual jogging and sports activities.
Welcome! I am sorry to hear how they are handling your case.
Per AR 600-8-4, Table 3-2, the reviewing authority for ARNG cases (the State TAG) should complete processing of a formal LOD investigation within 70 days from the incident. Obviously, they did not initiate it in a timely manner, so I would look to the 70 days starting from initiation of the investigation.
However, if they do not process the LOD, the PEB can conditionally adjudicate your case as in the line of duty, per AR 635-40, para. 4-19 g:
"(3) The deputy commander, PEB president, or alternate PEB president have the authority to make a finding of “in line of duty—not due to own misconduct” in the following categories below when an LD determination has not been made at the time a case is referred to a PEB. This authority may only be used when the PEB is convinced no further investigation is required and the weight of the evidence in the case indicates that the injury was not due to misconduct or willful negligence, was not incurred during a period of unauthorized absence, and that the use of alcohol or drugs was not involved.
(a) Training accidents to include maneuvers and physical training.
(b) Unit organized sports and recreational activities.
(c) Individual jogging and sports activities.
(d) Household accidents.
(e) Slip-and-fall injuries.
(f) Injuries incurred in Vietnam, Cambodia, and in other geographical areas where U.S. Army Soldiers are not longer present.
(4) If the case is lacking an LD determination and it does not fall into one of the above categories, the PEB will conditionally adjudicate the case as if a favorable decision has been made. The applicable advisory statement described in para 4–19l(2), will be included on the Form 199. The Soldier will be informed of the conditional processing and advised that final disposition by HQDA will be held in abeyance until the LD decision is resolved."
They should extend you until this is resolved, if they do not, you may consider a petition to ABCMR for correction of your records to reflect military disability retirement and proper rating.
If your condition is unfitting, based on your use of the medications you described, I would say an appropriate rating is 30%. For asthma cases, it is almost assured that if you are rated at 30% or higher, you will be placed on TDRL.
Remember to file for your VA benefits once you are discharged.
Best of luck and let us know any questions.
damagedgoods
PEB Forum Regular Member
Welcome to the Forum!
I am glad to hear that you didn't sign the paperwork. I was also asked to sign a Non-duty Related medical discharge form so they could kick me out without an MEB/PEB. I did not sign and have since started the MEB process. Best of luck with your case. This website has really great info on the whole process.
damagedgoods
I am glad to hear that you didn't sign the paperwork. I was also asked to sign a Non-duty Related medical discharge form so they could kick me out without an MEB/PEB. I did not sign and have since started the MEB process. Best of luck with your case. This website has really great info on the whole process.
damagedgoods
Hi Jason -
Well, 2008 is well under way and still no finalization of my LOD - From what I understand it's in the "Approving Authority" of the LOD Module (whatever that means) - I'm not sure if it's actually UP for approval or if it's just sitting in their module before it goes to someone else. It's a very confusing process and still....no one is telling me anything. I did notice that in January of this year you had posted disability ratings. I believe that in 2007, Asthma was at a 30% or lower rating and now that I'm on a sterioid inhailer, it has moved up to about a 60% so that was good news....I just can't wait until this whole process is done and over with.
Would you, or anyone else know....If I'm a drilling soldier (ARNG), is there a circumstance that they may be able to put me on a "medical hold" status or something so that I won't be drilling, but will still be able to maintain "satisfactory drilling status" to keep my MGIB for school? I really can't do the "hooah" drill stuff anymore...not allowed to lift and certainly cannot go into the field...I'm allowed to stay in an air conditioned building and push papers...I can do that at home....
Thanks for your awesome continued advice as I struggle through this mess.
Warmest Regards,
B.
Well, 2008 is well under way and still no finalization of my LOD - From what I understand it's in the "Approving Authority" of the LOD Module (whatever that means) - I'm not sure if it's actually UP for approval or if it's just sitting in their module before it goes to someone else. It's a very confusing process and still....no one is telling me anything. I did notice that in January of this year you had posted disability ratings. I believe that in 2007, Asthma was at a 30% or lower rating and now that I'm on a sterioid inhailer, it has moved up to about a 60% so that was good news....I just can't wait until this whole process is done and over with.
Would you, or anyone else know....If I'm a drilling soldier (ARNG), is there a circumstance that they may be able to put me on a "medical hold" status or something so that I won't be drilling, but will still be able to maintain "satisfactory drilling status" to keep my MGIB for school? I really can't do the "hooah" drill stuff anymore...not allowed to lift and certainly cannot go into the field...I'm allowed to stay in an air conditioned building and push papers...I can do that at home....
Thanks for your awesome continued advice as I struggle through this mess.
Warmest Regards,
B.
Question - I am quickly approaching my 12 yr. AFS date (July 7th) - I'm sure the rules change at that point. Would you mind pointing me in the right direction on this website so that I may now see what my entitlements will be?
As always, thanks so much for all you do --
csswwife
As always, thanks so much for all you do --
csswwife
Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
csswwife,
Here is a thread: http://www.pebforum.com/physical-disability-compensation/970-computation-retired-pay.html#post1544
The difference is that with more than 12 years, your calculation for retirement if you get to 30% will be the greater of your disability rating or 2.5% times years of service.
Here is a thread: http://www.pebforum.com/physical-disability-compensation/970-computation-retired-pay.html#post1544
The difference is that with more than 12 years, your calculation for retirement if you get to 30% will be the greater of your disability rating or 2.5% times years of service.
LOD to MEB/PEB Update
Hello:
I received a call this morning from my section SGT telling me that I was discharged yesterday....then received a second call telling me that they revoked the discharge order because my LOD was not complete. What a roller coaster ride huh? So, now I'm told that there is a phone call and an email out to the final approving authority (I still don't know who that is) and IF they find that this is not in the line of duty, I will simply receive a letter that I am unfit and will be discharged. I don't know how they can make the determination that is is NOT since I was on active duty when it happened in the basement of an armory that has a bunch of sick soldiers that work in the hallway over the basement where I had my FIRST asthma attack. I have a feeling this battle isn't over by far. What I don't understand is that all the time spent in the reserves and in the national guard does not count as AFS (at least that's what I'm told). They're telling me that the only thing that counts is my actual active duty when I was in the Navy...I'm not sure who to believe at this point. Any insight would be SO greatly appreciated. I'm currently on my second involuntary 6 month extension with an ETS date coming up yet again in November.
V/R
Bren
Hello:
I received a call this morning from my section SGT telling me that I was discharged yesterday....then received a second call telling me that they revoked the discharge order because my LOD was not complete. What a roller coaster ride huh? So, now I'm told that there is a phone call and an email out to the final approving authority (I still don't know who that is) and IF they find that this is not in the line of duty, I will simply receive a letter that I am unfit and will be discharged. I don't know how they can make the determination that is is NOT since I was on active duty when it happened in the basement of an armory that has a bunch of sick soldiers that work in the hallway over the basement where I had my FIRST asthma attack. I have a feeling this battle isn't over by far. What I don't understand is that all the time spent in the reserves and in the national guard does not count as AFS (at least that's what I'm told). They're telling me that the only thing that counts is my actual active duty when I was in the Navy...I'm not sure who to believe at this point. Any insight would be SO greatly appreciated. I'm currently on my second involuntary 6 month extension with an ETS date coming up yet again in November.
V/R
Bren