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My brother has been in the Army National Guard since 2007,

My brother has been...

My brother has been in the Army National Guard since 2007, deployed to Iraq and Afghanistan, and has been diagnosed with PTSD by the VA. Can he request an MEB to be considered for medical retirement?

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

He asked his "readiness NCO" who told him he doesn't have enough in the Army National Guard to be put thru an MEB and medically retired. It seems like there shouldn't be a minimum time in service for that.

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Customer reply replied 6 months ago
I left out a word in the previous message. His readiness NCO told him he doesn't have enough TIME in the Army National Guard to be put thru an MEB and be medically retired. He has a 10% rating from the VA for a back injury in Iraq, but his VA PTSD diagnosis was recent, so he hasn't filed a claim for that. His unit hasn't initiated a medical discharge or anything, but he's concerned that could happen and would prefer to be considered for medical retirement if possible.
Answered in 44 minutes by:
11/12/2017
Thelawman2
Thelawman2, Lawyer
Category: Military Law
Satisfied Customers: 1,849
Experience: Attorney at Law
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Hello, my name is ***** ***** I will be helping you today.

To be eligible for permanent disability retirement, the member must be rated by the military as at least 30% permanently disabled and have spent 8 years in the military (or if the disability was incurred in the line of duty). A disability rating of below 30 percent will result in separation.

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Customer reply replied 6 months ago
To clarify, are you saying if he's given an LOD determination for PTSD, then he's eligible for an MEB and medical retirement if he's rated at least 30% even though he's only been in the Army National Guard for 10 yrs?

Correct

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Customer reply replied 6 months ago
I has a feeling my brother might have gotten inaccurate information from his unit. Thank you for the info! Exactly what I needed to know.

You are welcome. Please provide a positive rating so I get credit for helping you today!

Thelawman2
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Customer reply replied 6 months ago
34;Had" a feeling, not "has." Thank you!
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