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Does anyone know what it means if you get a message on MOL saying "Your medical board case has been accepted by the PEB for action." I received this message Jun 3rd and submitted my findings the end of March.
Mr. Perry, is there a source or regulation stating " Military Reserve Technicians must be at least 50 years of age and serve 20 dual status years or any age and have served 25 years as a dual status technician (no military buy back) in order to receive an annuity? HRO seems to think military buy back counts for MRT's to receive DSR retirement and not allow me for a Disability retirement. They said as a MRT that my buy back counts towards the 20 years but in the chapter 84 8414 it states "
(2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician—

(A) after completing 25 years of service as a military technician (dual status), or

(B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),is entitled to an annuity."

But others say, " show me were it says that buy back does count! ". I would say this says everything...correct? or is there something more direct?
hello jason perry. where can I find info on this forum about how a medical retirement would work for a reservists? I here 100 different things. I even was in a PEBLO's office today and they were not sure how the reserve side works for the most part.
Thanks,
Shitty B
Jason Perry
Jason Perry
For the most part, reservists who are found unfit and have a compensable rating of 30% or more are treated the same as active duty members. If you look at Title 10 USC Section 1204, you will see that once eligible for retirement, the pay calculation is the same as for active duty members.
That is not to say that there are not "reservist-specific" differences within the process.
If you have a more specific question, feel free to ask (however, you will likely get more input if you post your own thread within the forums).
N
Not-a-shitbird.com
Hello fellas.
I am still serving. Currently deplpoyed. I have 8 good years. I may have 9. I met with a PEBLO here on my deployment who was also confused about what a reservist would get. I am 90% service connected currently. I understand there is 2 lanes. IDES and Legacy? Not sure if that is accurate. Would I want to use the DOD lane only since I am already service connected. If so, how would that work?
Jason Perry
Jason Perry
You will be treated the same for pay calculations as an active component member. Look at Title 10 USC Section 1201. It is titled "Regulars and members on active duty for more than 30 days: retirement."

If you elect Legacy, the PEB will determine the ratings for your unfitting conditions (they are not bound by the VA rating determinations). If you elect the IDES, you will have C&P exams for all claimed conditions and the VA will determine your ratings. The PEB will be bound to apply the VA-determined ratings for your unfitting disabilities.

My personal belief is that the IDES is almost always the preferred election (and it is the default). I have people tell me all the time that their PEBLO tries to talk folks into the Legacy system, giving warnings that it is possible that your VA rating could decrease. While technically possible, there are many protections for previously granted VA ratings, the VA has to give you a hearing if you request one before reducing a previously established rating, and if you have been continuously rated for 5 years, 10 years, or 20 years, the ratings have increasing evidentiary standards in order to reduce the rating. I have seen many more bad decisions from Legacy than I have from IDES. However, there are rare and narrow circumstances, especially if you need a faster outcome (because it is a bit faster) to opt for the Legacy system. You have to make your own election on this point, but I strongly believe IDES is the better system.
I hope this helped! Good luck!
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Self learning disability retirement law is no fun! After this PDBR process. DFAS and ARMY HRC should hire me!
Mr. Perry,

I am attempting to be proactive but keep hearing sit back and wait.

Good Morning. I am looking for help and focus. I am an Army reservist who has 30+ years. I was on active duty to Kuwait and upon return was placed in the SRU back in Sept of 2020 when the unit returned. I have had 2 knee surgeries and a shoulder surgery. I have been found unfit to return to duty and am in the process of a medical retirement. I was trying to look for medical documentation for my appeal that was supposed to be August 23rd. It has been pushed back to September 28th. I have very recently been diagnosed with stage 3 of 4 fatty liver disease (not alcohol related) as well as Fibromyalgia. What do I need to do to prep for this appeal? My PEB lawyer is not much help. My PEBLO said there isn't much I can to other than find supporting documentation and upload it on the VA website (MyHealthyVet). I have also been informed that I will not hear from my appeal lawyer/JAG in a week to 10 days prior to the appeal. Please help.

Very Respectfully,
Dave
Good Morning everybody. I am looking for help and focus. I am an Army reservist who has 30+ years. I was on active duty to Kuwait and upon return was placed in the SRU back in Sept of 2020 when the unit returned. I have had 2 knee surgeries and a shoulder surgery. I have been found unfit to return to duty and am in the process of a medical retirement. I was trying to look for medical documentation for my appeal that was supposed to be August 23rd. It has been pushed back to September 28th. I have very recently been diagnosed with stage 3 of 4 fatty liver disease (not alcohol related) as well as Fibromyalgia. What do I need to do to prep for this appeal? My PEB lawyer is not much help. My PEBLO said there isn't much I can to other than find supporting documentation and upload it on the VA website (MyHealthyVet). Please help.
Your ideal goal is to be seen at least twice a month. In this case, if the local VA is backed up regarding appointments, is there a local veterans center where you can see a counselor in order to show that you are actively seeking therapy? If so, please do so. The moderators gave good generic advice, but IPEB members will expect to see consistent treatment records with no breaks in treatment, few cancellations, and that you fill your prescriptions as directed.
Your monthly check is not dependent on going to a VA doc.
Veterans must complete an annual exam to stay enrolled in healthcare.
Mr. Perry,

I was referred to your group by a liasion of my state. I am a veteran of the Mississippi National Guard. In 2016, while still in the guard, I was diagnosed with a cerebral angioma in my left temporal lobe. It was found during an ER visit for a migraine/fainting spell that happened not long after completing our 2 week summer AT. I went to a Nuero and was confirmed diagnosis. Over the next year my health depleted, and I was diagnosed with complex focal seizures in 2017. The guard decided to give me the option to discharge or PEB. I chose PEB. My contract ETS date was March 19, 2018. My PEB was started in fall of 2017. I never received any information about my PEB being completed. However, I did ETS. My discharge paper works says that I ETS'd, I am unfit for duty due to Migraines. I filed my disability claims, and I have still not received any disability rating. It has been 3 years and I am still waiting. I believe I should have been given a disability rating before leaving the military. I have medical paper work from a military doctor on base that says the symptoms were due to my training in the summer heat in the field for 12 days straight with no water. I was also was only one of 5 females in my unit, and I was one of only 2 linguists that ran mission ops during that 12 days. I was extremely exhausted, had little sleep, the food was army field food, and my body could not handle it, I guess. I need help to figure out what to do about my disability. Should I have been given a completed PEB? Is it legal to ETS/discharge me without finishing it? My unit needed my slot to be open for an incoming linguist to help on deployment. I often think this is why I was pushed out of the door. Do you have any advice?


Leslie
Jason Perry
Jason Perry
Leslie,
I am sorry to hear about your health issues and the problems with your discharge. As a baseline, I think that the issue of the propriety of your discharge turns on whether or not your condition was in the line of duty.

I filed my disability claims, and I have still not received any disability rating.

I assume you mean a VA disability claim. Is this the case?
Bottom line, at this point, if you want to challenge your discharge, you will need to apply to the Air Force Board for the Correction of Military Records.
It is hard to provide much more input without knowing more about your case.

Jason
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