Hi, I have 16 year in the service and I have been on LIMDU for 8 months because of my Rheumatoid Arthritis. I can do my regular job just fine but my doctor insisted to put me on LIMDU because I am not world-wide deployable (the medicine that I am taking requires monthly blood test). Anyway, I was told that I might end up in a Medical Evaluation Board (MEB). Now here is the question: I know that in order to be medically retired, i need to have a disability above 30%. Does anyone know how likely am I to get the 30%? The RA affects my left knee so it hurts if i stand for a long time, but I can sit and work just fine. Can anyone shed some light on how the rating is done?
Thanks.

This message has been edited. Last edited by: fmcomber,

I was in a similar situation. 15 years 3 months. Began having symtoms known as Gulf War Syndrome. Of course at that time no one knew what it was. I was a carrer path sailor on tract for E-7. All of a sudden I was shunned. MEB came back and was going to offer me a severance pay. I stood my ground and said not with 15 years in your not. I called the Senators and Congressman of my state and requested a FULL Congressional Investigation. I had my direct family do the same. 2 weeks later I was offered FULL medical retirement at 30%. Make copies of ALL your records now. and from this point on. Everytime you see a doctor, military or civilian. Good Luck

AT1(AW/SW) D.R. Hannon US Navy Retired

quote:

Originally posted by fmcomber:
Hi, I have 16 year in the service and I have been on LIMDU for 8 months because of my Rheumatoid Arthritis. I can do my regular job just fine but my doctor insisted to put me on LIMDU because I am not world-wide deployable (the medicine that I am taking requires monthly blood test). Anyway, I was told that I might end up in a Medical Evaluation Board (MEB). Now here is the question: I know that in order to be medically retired, i need to have a disability above 30%. Does anyone know how likely am I to get the 30%? The RA affects my left knee so it hurts if i stand for a long time, but I can sit and work just fine. Can anyone shed some light on how the rating is done?
Thanks.

If you are to be retired from the service they would automatically retire you at 30% or more, but never less. On the other hand, they also have the option of "Offering"you severance pay usually at base pay X 2 1/2 % X # of years in service. The decision on which to choose is yours. This is not to say that your branch of service would not pressure one over the other, nevertheless, they cannot force one over another. I hope this is of help to you. Title 10 USC, 18USC sections 1501 series, Chapter 61.
A Veteran in Arms
Freddy

Thanks, Freddy and AT1 Hannon. You replys are very helpful to me. I am glad to hear that I have choices in this. Now I have an additional question: I would imagine that anyone who is offerred the choice between retirement and severance pay would pick the retirement benefit, am I right? if that is case, what kind of leverage is the government have to seperate service memeber with only serverance pay? What kind presure are we talking about? Thanks a lot.

This message has been edited. Last edited by: fmcomber,

The DOD can only separate a member on severance pay if they do not have a single disability rated 30%.

Freddy,

Thanks again for your reply and the reference. From my reading of the title 10 chapter 61, it seems that whether a member gets to be retired depends on the VA disability rating: more than 30%, one gets it; less than 30%, seperation with severance pay. That is why I was asking the question. I am not sure if my situation automatically rated 30% on the VA chart, or is it?

Thanks Dave_M for your reply. So the crux of the issue is: how do I get an idea what my rating will be? Or is it very common for people to get 30%. i know a couple of retired guys who are 30% and look pretty healthy to me. I know there is a VA determination chart somewhere for them to figure out the rating but so far failed to locate it. Does anyone know how I can get a rating scale used by VA? Thanks.

Here are some good links to help you on your journey - I will post Navy links tonight:

Louisville Military Law Resources

Army Disability Resources

DAV Disability Guide for Service Officers

Army Medical Standards

patience

no matter what they can not just put you out, i was on a medical hold for almost two years. and while on that hold, no re enlistment, no discharge, no nothing, true you are sort of on limbo..

a medial board has many steps,
1. first board is doctor writing up findings and then they generally try to get you to go cheap. REFUSE IT, SIMPLE TO DO, ACROSS THE BOTTEM OF THE FINDINGS YOU JUST WRITE NOT ACCEPTABLE AND SIGN IT

2. 2nd board is just usually a rehash of the first and they will recommend a full board at the nearest convening auth. Navy east coast will be bethesda

3. go to the board (now listen to this part, they will drop you off damn near 1/4 mile from where the actual board meets, and they will ask you how you got from the door to the board room)
you can request at the door, a chair and someone to deliver you!!!!!!

4. You will get your better than 30 at the board, you can also have someonE from the DAV to assist you at the meeting. Carefull you are always under observation. (THIS HAPPENED TO ME
I SUFFERED FLEXOR TENDON SEPERATION ON FOUR FINGERS RIGHT HAND, HAD A HUNTER ROD TRANSPLANT AND THEN A RESULTING INFECTION THAT RENDERED RIGHT HAND PRETTY WELL SHOT, LITTLE USE OF RIGHT HAND...... A MARINE COLONEL WANTED ME TO WRITE MY NAME AND HE FLIPPED ME A PEN ACROSS THREE TABLES IN A "T" SET UP, HE WAS AT THE HEAD I WAS AT THE BOTTEM WITH ATTY. THE PEN FLEW AND LANDED ON MY LEFT DRESS UNIFORM SHIRT AND IT WAS A FOUNTAIN PEN, LEFT A NICE STAIN!! MY ATTY FREAKED AND CALLED IT HIGHLY IRREGULAR AND A OBVIOUS ATTEMPT TO THWART THE MEDICAL FINIDNG. I TOLD MY ATTORNEY TO GET ME A CHARGE SHEET I WAS GOING TO WRITE THIS COLONEL UP.) SILENCE SO STRONG YOU COULD SEE IT. THEN THE COLONEL GOT UP AND LEFT. THE BOARD ASKED (WHAT WAS LEFT) SOME QUSTIONS ABOUT LIFE AND LIVING CONDITIONS, HOW I COPED WITH THIS AND THAT. Then the board excused me and went to session, few minutes later the recording secretary came out and said "you are being awarded 70$ disabiliy and will be put on TDRL for 18 months, then re evaluated and if nothing changes to PDRL and retired"

BE PATIENT IT IS A SYSTEM, BEST, NO, BUT IT IS WHAT IT IS, TAKE YOUR TIME

Thanks, Dave_M and Ira1945. I appreciate your help.

Now I have a question Ira1945 or anybody else who went through the process: should I hire a lawyer for this? And if so, anybody know a good place to look for a lawyer who specialize in military retirement? Thanks.

JAG is supposed to provide you legal support during the PED process. I would use a VSO also for help.

As promised here are my Navy links:

Navy Disability Evaluation Manual

Navy PEB Main Page

Disability Evaluation Process

Navy BuMED

Thanks, Dave.

Dave is right, they to support you with legal counsel and they will and the various service orgs will also send a rep, not nec a lawyor but a exp rep

patience

patience

do not under any circumstances give in and take first offer, they will try to LO Ball you