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air force reserve denied line of duty but reassigning me to

retired reserve for medical dq.....
air force reserve denied line of duty but reassigning me to retired reserve for medical dq... effective 1 june 2013... what can i do and who should i get to reprsent me .. i believe their finding to be in error and my appeal was denied at the wing level and never sent to afrpc
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Answered in 14 minutes by:
5/19/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,252
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Believe it was in error why? What was the error...why was it found not in LOD?
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Customer reply replied 4 years ago
the reply was that my conditions did not occur nor were they aggravated in the line of duty.. i was in the air force reserves. however my civilian and sva drs did provide documentation and letters to prove the contrary.. these were my same healthcare providers b4 and after deployment. i had submitted medical records with the line of duty that went up to afrpc.. the jag at my base denied some of them and did not let them go up.. (they are lawyers not medical) then hq afrpc denied my lods.. i went to my drs after the initial rejection and that is when they wrote letters outline the diagnosis and connections to the b4 and after... my base denied my appeal and so here we are
Thanks

So did you actually get to the FPEB (Formal Physical Evaluation Board)? Is that where the decided you did not have LOD? Or did the MEB simply say no LOD and not give you a hearing on this?
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Customer reply replied 4 years ago
i did not have a formal PEB.. apparantly i signed the form but did not accept or reject a FPEB so they decided not to give me one... and they told me it was too late to request one when i inquired... also this has been a 5 year process...
Thank you. You will now have to go to secaf (secretary AF) through the board of corrections.

One more question...you mention retirement...are you now retired? Will collect a pension at 60?
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Customer reply replied 4 years ago
relieved of current assignment and reassigned to the retired reserve section as of 1 june 2013... and yes i am scheduled to pension at age 60
Thank you

You need a layer. As I mention, your next step is going to be appeal to the secretary of the Air Force. You do this through the the Air Force Board for Correction of Military Records (AFBCMR).

A lawyer would be a good place to start. You want someone who can help you present your claim to the AFBCMR and show that there was a mistake made with your record. The AFBCMR has the power to correct errors in records...so they can weigh in here to solve this (assuming you can prove error)

Also, consider filing a claim with the VA (veterans administration)...what you describe, it sounds as though you may have a good VA claim as well. You will have a similar issue...you have to show LOD...but if you can prove that you were in LOD, the VA can compensate you as well.

Make sure you pick a lawyer with experience in both MEB cases as well as with board of records corrections cases.


Let me know if you have more questions....happy to assist if I can
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Customer reply replied 4 years ago
oh and by the way i am 100% service connected according to the dept of va.. and i do/did have ratings at the time of my LOD's... in fact some of the LOD's that were denied at the base level by JAG
Then it sounds like you have a good claim Ma'am. Have an attorney with experience in appeals of MEB/PEB proceedings help you file this
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Customer reply replied 4 years ago
are you practicing military law, and if so would you be willing/ capable of taking me as a client? i have been having a hard time finding a lawyer that isn't specializing in criminal defense as opposed to MEB/PEB appeals.. my personal email address isCustomerand i am at gmail.com thank you very much for your assistance thus far and i will be giving you the highest rating possible for your help
Ma'am, I am prohibited by the rules of this forum from contact outside the forum (if I were to take you on as a client, that would be a violation of my work here).

There are folks who do this. Most of the ones I know are in DC area (the boards of appeals for several of the services are in the DC area)

I am not allowed a "by name" referral...but do a google search for "peb appeal lawyer"...my results gave several folks I know who do this work.
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,252
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,252
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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