I will try to give as much info as possible without going completely out to left field. I was deployed in 2008 (activated NG) and injured in 2009 . I injured my arm and my ankle and saw medical for both with records to back up while in Iraq. I was ultimately evacuated to Germany and then BAMC for the arm injury - while on crutches and in a brace for the ankle. While at BAMC, I attempte to get treatment for the ankle as well as the arm but was told that it was their job to treat what I was transposrted for- the arm. Subsequently, transferred to CBWTU and had surgery and rehab for the arm. My PCP ordered therapy for the ankle, but nothing else was achieved before I was declared fit for duty on the arm - with no function report. My CBWTU Case Manager was aware of the ankle issues. It is listed in the medical records by him and he said he was trying to help me get an LOD so that I could get treated for it at home. This was because I was again told that they were only responsile for treating what I was transported for. I returned to my unit in Aug 2011. I began to pursue an LOD through my unit for my ankle injury - finally got that last week. The unit says they can't do an incap request because it happened on AD. I have been given a permanent P3 profile which was then changed to a temp profile. It is possible that if I have sugery as needed on my ankle that I will be fine, but VA can't do it until May 2014 or later. I have been declared unfit for duty but they won't do anything to get a med board, just tell me that I am not able to re-enlist (next Oct). Everyone at the unit says they shouldn't have taken you out of the CBWTU and they should give youo incap pay. However, no one is willing to do anything. Does anyone know if it is possible to get back into CBWTU once released? Or how I can do anything on the med board or incap with no unit support, which is completely nonexistent?
Lost in limbo between the Army and the Guard and VA
- Thread starter hueyguy
- Start date
Contact your elected representative (I'd suggest Senator) and tell your Senator you were improperly released from active duty, that you should have been retained on active duty for disability processing (MEB/PEB). There are provisions to recall you to active duty for the purpose of medically boarding you if you were erroneously released. Also, you certainly are eligible for incap pay. Suggest your unit administrator read Army Regulation 135-381.
there is a consolidated guidance, i cannot remember the exact title. i think it was it is called wounded warrior consolidated guidance. it will outline MRPII orders, ADME and incap pay. look into the incap pay reg. it is absolute nonsense that you cannot get incap pay for an issue that was sustained on active duty. finally do not forget to apply for va compensation and remember that you have to apply for compensation within one year from your release from active duty to get compensated dated back to your REFRAD date.
Thanks, for the reminder about VA. I had applied for that immediately, Sept 8th will be a year since filing. They haven't done anything since requesting more info in March, no real surprise but discouraging nonetheless.
I have just discovered that guidance today and trying to wade through it now. I assumed the in cap pay thing was nonsense put out by a guy who does his best to do nothing. This is the guy who decided not to pay me for Aug drill because "someone told him I was on SSDI and just drilling for retirement points" without bothering to ask me about it. Yes, I have nothing better to do than come to the armory to sit around and be lied to all weekend and sure don't pay me either.
I have one more appointment with someone else on the unit who is supposedly doing something, on Tuesday at 10. Guess, I will start work on a congressional to file after that meeting since I am relatively sur nothing productive or positive will come from it.
I have just discovered that guidance today and trying to wade through it now. I assumed the in cap pay thing was nonsense put out by a guy who does his best to do nothing. This is the guy who decided not to pay me for Aug drill because "someone told him I was on SSDI and just drilling for retirement points" without bothering to ask me about it. Yes, I have nothing better to do than come to the armory to sit around and be lied to all weekend and sure don't pay me either.
I have one more appointment with someone else on the unit who is supposedly doing something, on Tuesday at 10. Guess, I will start work on a congressional to file after that meeting since I am relatively sur nothing productive or positive will come from it.
You have a solid case. Try to get recalled to active duty. That would be the most beneficial to you. Incap pay doesn't give you active duty credit.
See Chapter 3 of AR 40-501. It lists the disability severity necessary to trigger a MEB. If you are being found unfit for it, it is severe enough.
Congress passed a law in the 2010 NDAA that prohibits the removal of reservist like you from active duty until their disability situation is resolved. Yet another military disability law that is ignored and not enforced. The law is below:
SEC. 511. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT MEMBERS DURING PHYSICAL DISABILITY EVALUATION FOLLOWING MOBILIZATION AND DEPLOYMENT.
Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsection:
‘‘(d)(1) The Secretary of a military department shall ensure that each member of a reserve component under the jurisdiction of the Secretary who is determined, after a mobilization and deployment to an area in which imminent danger pay is authorized under section 310 of title 37, to require evaluation for a physical or mental disability which could result in separation or retirement for disability under this chapter or placement on the temporary disability retired list or inactive status list under this chapter is retained on active duty during the disability evaluation process until such time as such member is—
‘‘(A) cleared by appropriate authorities for continuation on active duty; or ‘‘(B) separated, retired, or
placed on the temporary disability retired list or inactive status list.
‘‘(2)(A) A member described in paragraph (1) may request termination of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member.
‘‘(B) Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released
from active duty after the member receives counseling about the consequences of termination of active duty.
‘‘(C) Each release from active duty under subparagraph (B) shall be thoroughly documented.
‘‘(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.’’
Congress passed a law in the 2010 NDAA that prohibits the removal of reservist like you from active duty until their disability situation is resolved. Yet another military disability law that is ignored and not enforced. The law is below:
SEC. 511. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT MEMBERS DURING PHYSICAL DISABILITY EVALUATION FOLLOWING MOBILIZATION AND DEPLOYMENT.
Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsection:
‘‘(d)(1) The Secretary of a military department shall ensure that each member of a reserve component under the jurisdiction of the Secretary who is determined, after a mobilization and deployment to an area in which imminent danger pay is authorized under section 310 of title 37, to require evaluation for a physical or mental disability which could result in separation or retirement for disability under this chapter or placement on the temporary disability retired list or inactive status list under this chapter is retained on active duty during the disability evaluation process until such time as such member is—
‘‘(A) cleared by appropriate authorities for continuation on active duty; or ‘‘(B) separated, retired, or
placed on the temporary disability retired list or inactive status list.
‘‘(2)(A) A member described in paragraph (1) may request termination of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member.
‘‘(B) Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released
from active duty after the member receives counseling about the consequences of termination of active duty.
‘‘(C) Each release from active duty under subparagraph (B) shall be thoroughly documented.
‘‘(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.’’
Mike,
My husband is in the ANG. He is just being the IDES process. He has multiple illnesses and PTSD. They are doing a line of duty for PTSD and arthritis. He has been trying to make his 20 years (11 more drills). He is very I'll with inclusion body Myositis, dermatomyositis, sarcoidosis, and more.
Can he request to be placed on active duty? If he is unable to report for duty because of his illnesses, how would that affect his active duty status?
We thought if he could get enough points to have a good year, that would give him his 20 year letter. What are your thoughts.
He is very weak and fatigued most of the time.
He just received 100% rating p&T from the VA on Aug 22, 2012. Sarcoid is service connected at 30 %.
We are fighting to get the inclusion body Myositis connected on appeal.
Thanks for everyones advice!
My husband is in the ANG. He is just being the IDES process. He has multiple illnesses and PTSD. They are doing a line of duty for PTSD and arthritis. He has been trying to make his 20 years (11 more drills). He is very I'll with inclusion body Myositis, dermatomyositis, sarcoidosis, and more.
Can he request to be placed on active duty? If he is unable to report for duty because of his illnesses, how would that affect his active duty status?
We thought if he could get enough points to have a good year, that would give him his 20 year letter. What are your thoughts.
He is very weak and fatigued most of the time.
He just received 100% rating p&T from the VA on Aug 22, 2012. Sarcoid is service connected at 30 %.
We are fighting to get the inclusion body Myositis connected on appeal.
Thanks for everyones advice!
Mike,
I actually asked about chapter 3 of AR 40-501 when given the permanent profile with the not fit for duty decision. Basically, I was told medical can do what they want and they weren't going to do meb because I was year and a half from end of enlistment. As previously stated, most of my unit admin is useless and I expect to have to go with Ed and Mike's advice to try to get back on active duty.
I actually asked about chapter 3 of AR 40-501 when given the permanent profile with the not fit for duty decision. Basically, I was told medical can do what they want and they weren't going to do meb because I was year and a half from end of enlistment. As previously stated, most of my unit admin is useless and I expect to have to go with Ed and Mike's advice to try to get back on active duty.
Was he on active duty when he sustained these disabilities? Was he sent on active duty to a imminent danger area?
Mike
Thank you for the advice. He needs to make it to July 27, 2013 to get his 20 year letter. The major concern is he will have a very difficult time going to work everyday. He has not been able to work since Jun 2009, except the 2 days a month for drill weekends. I guess we can get a Dr's note with restrictions. What is your thoughts?
His base needed want to do a LOD for his PTSD, but they are going to now.
His base needed want to do a LOD for his PTSD, but they are going to now.
He has to meet with the medical clinic on Sept 15th, is that when he should request to be placed back on active duty? Should the request be in writing?