Need advice please

scott511

New Member
Registered Member
Hello all. Just found this site. The info I'm finding here is a little overwhelming.
I need some advice. I'm at a loss and don't know what to do. Here's a short rundown:

I am a National Guard soldier with 20+ years and 2 overseas deployments. I am also a Federal Technician. I am set to ETS June 27th 2018, although I have not signed a retirement packet. (my unit is pushing me to sign the retirement packet) I am currently 60% VA rated for anxiety, but I have no LOD's at all on the guard side.
Recently I had a pretty bad fall at work. (fell from top of Blackhawk) The injuries from this fall are impacting my ability to work, and I'm afraid will essentially end my military and federal career. Since it did not happen on guard status or active duty, I know it will not be line of duty. I have requested an MEB from my unit, and they tell me since there are no LOD's, that I cannot go through an MEB/PEB. Like I said, they are pushing me to sign the retirement packet so when June 27th rolls around I just retire.
Is it possible to get an LOD done since the VA has diagnosed me and service connected it? If so, how do I do this?
Am I screwed in being able to go through the medical retirement process since it's so close to ETS? I cannot extend my enlistment or reenlist because of being flagged for weight.
Since membership in the National Guard is a condition of my Federal employment, I would need to be found unfit for duty in order to medically retire from tech program. (in other words, medical out guard side in order to medical out federal)
I have had a sleep study done at the VA and been diagnosed with sleep apnea, but the claim for service connection was denied. I have a P2 profile for that. I have a T2 profile for the anxiety and a T2 profile for the injuries from the fall.
Sorry if none of this makes sense, I just do not know what to do.

Thank you
 

Chaps_Z

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Why would you request a MEB/PEB for an injury that didn't happen while on military duty?

How are you being "screwed" out of the process since you admit it doesn't even apply?
 

AFOddJob

PEB Forum Regular Member
Registered Member
Chaps is correct. The military only does MEB/PEB for service connected injuries/ailments and would only retire a member if they found the medical issue to be incompatible with the member's military service (found "unfit"). Since you were injured as a Federal Technician, do they perhaps have some sort of worker's compensation, since it appears that the fall has caused you to be unable to work?

Edit- I don't think you'll be able to get an LOD based on your VA-rated conditions as those conditions by themselves haven't labelled you as "unfit" and because they have no relation to your recent injury.
 

scott511

New Member
Registered Member
Thanks
Well, AR 40-501 ch 10-25 talks about "NILOD" Not in line of duty PEB.
I know I have to have LOD injuries to get DoD disability, but some of the NILOD injuries will probably be found to be unfit conditions. This should lead to a 60/40 medical retirement from federal.
Yes there is federal workman's comp involved
 
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