NGB denied Military Reserve Technician Prior Service Condition as not applicable, referring disability to Non Duty Related DES (NDDES)

[actionjackson98312]

Here is my situation:

I was on a number of different type of orders back in 2009 (Temp AGR, AT, ST) my office desk was moved into a server room closet packed with 40 plus servers and power supplies all running at the same time from Jan 2009 to Sept 2010. Staff notice I had hearing loss, went to VA and received hearing Aids for free no claim placed, found out that I should have had an LOD and 2013 received LOD for condition. Oct 2010 became a Reserve Technician. Technician Job and my Guard job are one in the same and continued to perform same work with computers, power supplies etc. hearing has decrease over the last 12 years until finally commander does not want to retain. VA found my hearing has got to the point of 100 percent disability. more info below.



1. I am a military Reserve technician in the Air National guard

2. NGB MEB process started for Hearing Impairment ( already have 100 % Permanent and Total with VA)

3. Commander decided not to retain.

4. will have 20 years in civil service including buy back in Apr 2022 with civil service "as HRO states". ( was told by others as MRT buy back don't count towards 20 years for early retirement or discontinued service, only for pay)

5. Total Active Federal Military Service is 11 years 9 months and 7 day.....had 9 years active service before losing my hearing

6. Have 34 years for retirement (active and reserve time)

6. received from NGB/SGP memorandum that my disability was Prior Service Condition Not Applicable because hearing could have been progressed to unfitness as a result of intervening events when in a non duty status. NGB referred me to Non Duty Related fitness for duty assessment (NDDES).



My questions are, with my job as a guardsman and civil service being the same job, same requirements, same equipment, wouldn't my 12 years as performing those also as a guardsman be considered aggravated prior service condition? someone mentioned something about an 8 year active duty rule, what is that? I plan to Appeal the decision and have reached out to the Office of Disability Counsel and will obtain their representation once I sign for the appeal. I feel like NGB is just throwing me to the curb after 34 years of service and all those years of hearing trouble. They never had a problem with me reenlisting all those years with my hearing problems. All advice is greatly appreciated.

 

[Retired44]

Here is my situation:

I was on a number of different type of orders back in 2009 (Temp AGR, AT, ST) my office desk was moved into a server room closet packed with 40 plus servers and power supplies all running at the same time from Jan 2009 to Sept 2010. Staff notice I had hearing loss, went to VA and received hearing Aids for free no claim placed, found out that I should have had an LOD and 2013 received LOD for condition. Oct 2010 became a Reserve Technician. Technician Job and my Guard job are one in the same and continued to perform same work with computers, power supplies etc. hearing has decrease over the last 12 years until finally commander does not want to retain. VA found my hearing has got to the point of 100 percent disability. more info below.



1. I am a military Reserve technician in the Air National guard

2. NGB MEB process started for Hearing Impairment ( already have 100 % Permanent and Total with VA)

3. Commander decided not to retain.

4. will have 20 years in civil service including buy back in Apr 2022 with civil service "as HRO states". ( was told by others as MRT buy back don't count towards 20 years for early retirement or discontinued service, only for pay)

5. Total Active Federal Military Service is 11 years 9 months and 7 day.....had 9 years active service before losing my hearing

6. Have 34 years for retirement (active and reserve time)

6. received from NGB/SGP memorandum that my disability was Prior Service Condition Not Applicable because hearing could have been progressed to unfitness as a result of intervening events when in a non duty status. NGB referred me to Non Duty Related fitness for duty assessment (NDDES).



My questions are, with my job as a guardsman and civil service being the same job, same requirements, same equipment, wouldn't my 12 years as performing those also as a guardsman be considered aggravated prior service condition? someone mentioned something about an 8 year active duty rule, what is that? I plan to Appeal the decision and have reached out to the Office of Disability Counsel and will obtain their representation once I sign for the appeal. I feel like NGB is just throwing me to the curb after 34 years of service and all those years of hearing trouble. They never had a problem with me reenlisting all those years with my hearing problems. All advice is greatly appreciated.

You're not going to love this answer. The military will only look at your time in a duty status and your ART time is civilian time, not military time.

Yes, you had an LOD accomplished. However, you were also returned to duty...so the LOD is no longer active. In order for you to move to an MEB versus a NDDES you would have had to have another LOD completed showing it was aggravated/worsen in a duty status AND you would need a profile with a code 31 or 37.

Since you do not have the LOD or the profile there is no option for the MEB route...only the NDDES route.

The 8 year rule...this is directly out of DAFI 36-2910:
1.13.1. Per Title 10 USC § 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 must 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: 16 DAFI36-2910 3 SEPTEMBER 2021
1.13.1.1. Has at least eight years of total active service at the anticipated time of separation. (10 USC § 1207a; DoDI 1332.18, A3 to E3, para. 7(c) (2) (c)). (T-0).
1.13.1.2. Was on Title 10, U.S.C. active duty orders, or Title 32 orders, specifying a period of greater than 30 days at the time the condition became unfitting; (T-0) and
1.13.1.3. Was not released from active duty within 30 days commencing the period of active duty under Title 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. (T-0).
1.13.1.4. 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.

The key points in the above
- Must have a TAFMS of 8 years at the time they finish the MEB process
- You have to be on orders for 30 days or more at the time the condition is determined unfitting...determined an MEB is warranted.

OAC is a good place to start. I am unsure how much they will be able to help. Essentially they will have to convince the Formal Board (FPEB) that there was a failure to initiate a second LOD and have them request the LOD from NGB (rare chance)...or that you are eligible for the 8 year rule. If you have any proof of your TAFMS of greater than 8 years...AND being on T10 or T32 orders over 30 days...AND medical documentation during the same period showing your condition worsen, I would collect that information.

Hope this helps. Wishing you the best.