Fighting To Stay In The Air Force

[hawkfire27]

A friend of mine is currently active duty air force. He is being forced into a medical retirement with 30% disability from the air force. He less than three years away from full retirement and desparately wants to stay in the air force, and will do anything to stay.

Trick is...I don't know how to help him or even where to start, I suggested he get a JAG but they say he will be provided with a JAG three days before the final evaluation. Apparently he has nearly 3 full days of medical tests and psych evaluations. I Just don't think three days is enough.

He is also afraid of them just kicking him out without disability if he tries to stay in.

ANy help would be greatly appreciated!

[Testvet]

the only thing I know about it is he has to show the doctors is that he is capable of doing his job without any need for "medical accomadations" usually is it impossible to stop a medical retirement I hope he has a job skill that is in demand in the civilian world if not he will be a 10 point veterans and will go to the front of the line for federal jobs he applies for and if the AF is giving him 30% the VA usually rates the veterans a lot higher he should be starting his VA paperwork as soon as possible some bases have VA transition offices he has little chance of stopping a chapter 61 retirement

[ArmyTexas]

I tried to stop mine, but it only delayed the end rusult. He would have to go through the appeals and a MEB/PEB board appearance.

[Bill (USAF Retired)]

A friend of mine is currently active duty air force. He is being forced into a medical retirement with 30% disability from the air force. He less than three years away from full retirement and desparately wants to stay in the air force, and will do anything to stay.

Trick is...I don't know how to help him or even where to start, I suggested he get a JAG but they say he will be provided with a JAG three days before the final evaluation. Apparently he has nearly 3 full days of medical tests and psych evaluations. I Just don't think three days is enough.

He is also afraid of them just kicking him out without disability if he tries to stay in.

ANy help would be greatly appreciated!

I was a USAF JAG paralegal. When my wife faced USAF disability retirement, I managed to drag the process out for a solid year during which time year condition worsened (and she got a promotion!). She was far enough away from 20 years (she had 17) that there was no way she could stick it out. I fear that your friend will be in the same boat. USAF doesn't give Chapter 61 retirement away, and if it's an issue then he needs to figure out how to get the best possible outcome.

What he can do now:

1. Check the VASRD for the condition at issue, and make sure that 30% is appropriate. His symptoms may argue in favor of a higher or lower percentage.

2. Read the VASRD cover to cover and see what other conditions he has that are service-connected, and ensure his medical records so reflect. It's a lot easier to establish service connection for conditions treated in service.

3. Make sure there aren't other service-unfitting conditions that also need to be referred to the MEB process.

4. Plan ahead: Save leave so his PTDY/terminal leave will be as long as possible. AFPC likes to get folks off the payroll quickly (20 days processing time/20 days leave) when the personnel council reaches a decision, and to pay folks for any leave beyond that point. You can ask for an exception to policy if you have a compelling reason, so you can be permitted to take all PTDY and accrued leave. This is especially good if you're looking at a 17 year retirement (exactly 17 would get him 42.5% for years of service, even if the disability was a mere 30%) because each month increases the retired pay by a little bit more.

5. Get a complete copy of his personnel, medical, dental and psychiatric records. Every. Last. Page. If he has access to a flatbed scanner, he should scan and save those on DVD.

6. If enlisted, do his best to get selected for promotion. If selected for a higher grade at time of Chapter 61 retirement, he will retire in that higher grade even if he didn't hold it during service. If nothing else, it's a morale booster :o

[mrjenks]

I was active duty Air Force with 23 years in before they medically retired me. At least I got out with my retirement pay. I got medically retired for DMII. Also my commander wrote with my MEB package that I couldn't deploy and I am an hinderance to the Sq (load of B.S.), it was just his way of trying to get rid of the older MSgts in the Sq....over 70% of the MSgts in the SQ retired because of the way management were being treated, but I degress. Once my paperwork went to the PEB, it came back quickly with a medical retirement at 20%. I was given 90 days at that point. I had to some leave days plus I the permissive TDY. I was gone in 3 weeks. I was given the chance to go in front of the PEB if I wanted to reject their findings, but decided not to, I was ready to move on. So you can drag it out if they offer you that, but only a couple of months or maybe more....also you might can convince them to keep you in when you meet them. Good luck.

[vaf]

A friend of mine is currently active duty air force. He is being forced into a medical retirement with 30% disability from the air force. He less than three years away from full retirement and desparately wants to stay in the air force, and will do anything to stay."

What is the condition that prevents your friend from being in fit shape to deploy worldwide?

Mental condition, need for dialysis, diabetes, seizures, etc.? -- Do you know?

If it's something like that, there's really no wiggle room, it would be best to shoot for at least a 40% rating, which is why the advice to compare the condition and its severity to the VASRD is excellent. My husband appealed a 30% rating for his medical retirement from the USAF (after over 20 years of service), and had it changed to 40%. But once they're done with you, they're done, and although your friend can take his best shot at staying in, he shouldn't expect too much. Document, document, document everything and get those records (and don't forget x-rays, MRI's, CT Scans, ultasound results, etc., on DVD). A few buddy statements from the people he serves with, if they're willing to provide them while he still has access to these folks, wouldn't hurt either. He'll need them for his VA claim.

I believe there's an offset here too, of any money he receives to separate, against any compensation he receives from the VA. Someone will correct me here if I'm wrong, but I don't see any mention of that here, so make sure your buddy knows about that, if it applies.

[JamesBreckenridge]

Warning: VA will "recoup" military disability retirement pay.

If you get medicalled out for a 10 percent condition and get paid for it by the military, even if we service connect you for that condition, we are going to recoup that first 10 percent until whatever lump sum the vet was given has been paid back.

retirement pay is not the same as medical disability pay; one is subject to being recouped the other is not.

If VA rates a disability at 30 percent that the military assigned a 10 for, the VA is only going to take that first 10 percent for recouping, and let the remainder flow to the vet. Conversely, if we rate you just as high, or lower, you're getting nothing until your disability lump sum is paid off. If you have other conditions, they are not affected.

This is all a "Post Determination" thing, something that happens after I have made a rating decision. The post team coach had to explain how it worked to me, and it's very complicated, and I didn't like it at all. My understanding of it is still hazy at best. I wish I could be of more help, and I recommend that your friend find someone who is a subject matter expert on disability retirement and recoupment by VA.