Wondering if you could share if on Title 32 or Title 10 orders? I have 25 years in ANG and over 9 AD and am on Title 32 orders for over a year. Needed a joint replacement and am being told by NGB that eight year rule does not apply to me because I am on Title 32 orders.
I am on title 10 orders now and was on title 10 orders when I was injured. Being on title 32 orders is going to hose you. Paragraph 1.10.2.2.2.2 is why they are stating that the eight year rule doesn't apply to you. Why are you on title 32 orders? MEDCON is typically title 10 orders. I would be interested in hearing your situation because I am not sure what the trigger point is for when some people are on title 10 versus title 32 for medical stuff.
36-2910
1.10.2.2.2. Eight Year Rule (10 U.S.C. § 1207a, Members with Over Eight Years of Active Service: Eligibility for Disability Retirement for Pre-Existing Conditions). An illness, injury or disease that is EPTS may be deemed to have occurred in a duty status for the purpose of determining disability separation or retirement by a Physical Evaluation Board if the member:
1.10.2.2.2.1. Has at least eight years of total active service;
1.10.2.2.2.2. Was on Title 10, U.S.C. active duty orders specifying a period of greater than 30 days at the time the condition became unfitting; and
1.10.2.2.2.3. Was not released from active duty within 30 days of commencing such period of active duty under 10 U.S.C. § 1206a, Reserve Component Members Unable to Perform Duties When Ordered to Active Duty: Disability System Processing, due to an EPTS condition not aggravated during the period of active duty.
1.10.2.2.2.4. Whether medical separation or retirement for EPTS conditions is appropriate under the Eight Year Rule is a finding made in the DES. While the Eight Year Rule is not an LOD determination, LOD referring authorities are responsible for identifying and referring to the DES those EPTS cases to which the Eight Year Rule might apply (i.e., those with members meeting the criteria of this paragraph and having an EPTS condition that is potentially unfitting in terms of retention and/or mobility standards). This ensures that such cases are entered into the DES and appropriately assessed under the Eight Year Rule.
