Is it possible to refuse medical retirement? If so, what are the pros and cons?

2018-05-02T00:21:17-04:00

the main reason for the question is because a friend is within a yr of being able to retire and was just notified of being med boarded. i am seeking possible options to allow this NCO to retire with all 20 instead of being screwed by the system.

Response by SSG Private RallyPoint Member made May 2 at 2018 3:22 AM

2018-05-02T03:22:15-04:00

Why and how would you get to be looking at medical retirement and want to stay in and be able to keep working?

Response by LTC Steve Mannell made May 2 at 2018 6:13 AM

2018-05-02T06:13:05-04:00

It is generally not possible to refuse medical retirement, but you can absolutely resist an administrative action of this importance. If you want to continue serving and believe that you have genuine capacity to do so, you are not obligated to fade away quietly.

Response by SGM Bill Frazer made May 2 at 2018 10:40 AM

2018-05-02T10:40:11-04:00

Damn tough- you would have to show a MED board that they are wrong, and that won't be easy.

Response by SFC Private RallyPoint Member made May 2 at 2018 12:47 PM

2018-05-02T12:47:13-04:00

A med board doesn't automatically mean someone is getting discharged. If this person can go to the med board and show that they are fit to continue one more year I think they can avoid a medical discharge - based on the little I've heard about them and read in regulation for the Army anyway.

Response by MSgt Jonathan Stump made May 2 at 2018 4:47 PM

2018-05-02T16:47:40-04:00

If he is within a year, ie, 364 days to retirement I think the rules are different. Go check with your flavor of the military personnel flight. He can apply for retirement at this time. See if you can gum up the works.

Response by MAJ Ken Landgren made May 2 at 2018 9:21 PM

2018-05-02T21:21:36-04:00

I talked to my nurse case manager and PEBLO to ask them to take their time on my packet. I also appealed which bought me more time.

Response by COL William Oseles made May 4 at 2018 4:06 PM

2018-05-04T16:06:33-04:00

A Medical Retirement at 19 is much better than a Medical Seperation without retirement due to inability to your job.
Since the individual us over 18 I would expect a retirement instead of Seperation.
If they are trying to Seperation instead of Medical Retirement then need to appeal.

Response by SSgt William Clark made May 4 at 2018 5:07 PM

2018-05-04T17:07:54-04:00

Not refuse, you can how ever appeal it. I know several that have been in this boat and have won.

Response by CPT Jeff Reichardt made May 4 at 2018 5:08 PM

2018-05-04T17:08:49-04:00

Medical retirement may be preferable. Especially if the root cause is LOD in a combat zone.

For example if the MEB puts you out at 60% or higher, you win. Plus you would be eligible for VA and CRDP.

Response by SSG Matthew Koehler made May 4 at 2018 5:55 PM

2018-05-04T17:55:55-04:00

Is your friend Active or Guard/Reserve? Tell your friend to make copies of his med records and pursue the VA when he gets out.

Response by SGM Private RallyPoint Member made May 5 at 2018 12:22 AM

2018-05-05T00:22:04-04:00

On the Army side, it’s pretty cut and dry whether you will be found fit or unfit for duty. Certain medication reliance, medical conditions, and inabilities to perform are automatic MEB. As someone who has dealt extensively with the IDES and VA processes, I can tell ya, there’s always something you can do to drag it out. Some examples:

-Take the maximum amount of time at each benchmark. For example, you have 10 working days to sign the NARSUM. Don’t sign until the 10th day.

-Appeal everything. Find problems with your paperwork. Do anything to send to packet back for review/correction.

-Ask to be evaluated for “other issues.” Back been bothering you? Ask for it to be included. And it can’t be included until you had a full work up, with PT, imaging, meds... Right?

-Go on leave. Your Commander will get smart on this one, so do it early in the process.

Be creative. Drag those feet. You want to hit 20 years, not because of the retirement percentage—you’ll get that anyway. 20 years of service means you can take Concurrent Receipt with VA and military retirement. And if you’re being MEB’d, that could be a few grand per month.

Response by SSG Private RallyPoint Member made Jun 27 at 2019 7:11 AM

2019-06-27T07:11:51-04:00

Disregard all the "nopes your screwed" you've read so far, I was in the same boat as your friend with 18 years in service and a MEB was started without my knowledge. Once I found out I was mad as hell and felt the same way, but I went through the process and was awarded 90% from the VA, but before the process was finalized I applied for a COAD (Continuation of Active Duty) through my PEBLO (Physical Evaluation Board Liaison Officer) which is assigned when the MEB started. Even with a non endorced Memo from my PCM I was approved to continue my service until next year when I retire. Here is the icing on the cake, 6 months from my retire date I will re-apply through the VA and when I do retire I will recieve both the VA and my retirement payments in full.

Response by MAJ Ken Landgren made Jun 27 at 2019 4:46 PM

2019-06-27T16:46:36-04:00

Is it medical retirement or separation?

Response by CPT Daniel Cox made Jun 27 at 2019 7:24 PM

2019-06-27T19:24:19-04:00

If his military medical percentage is greater than 30% he will be retired, if not, he will be seperated. At his military board he will have a JAG officer present. There are ways to appeal, but not likely to be successful. The Army discharged me with a 10% disability, though my reading of the regulations it should have been 60%. The VA (who use a different system) gave me 130%, down to 70% with the VA Math. I am currently (after 30 years since discharge) at 190%, 80% after the math, though I am treated as 100% for being Unemployable. The system is rigged. Your friend needs to go to JAG now to find out his options.

Response by SFC Melvin Brandenburg made Jun 27 at 2019 11:06 PM

2019-06-27T23:06:58-04:00

I would say to bring witnesses to speak on his behalf at the med board, especially his chain of command, to speak to the value he brings to the unit. Argue on the grounds that he is very close to a 20 year retirement. The trade off is that if he doesn't medically retire, there is no severance pay and it may be a bit more difficult to qualify for VA disability. It's kind of a trade off, but you should consider all of the ramifications.

Response by CPO Private RallyPoint Member made Mar 17 at 2020 11:25 AM

2020-03-17T11:25:52-04:00

Used to be that if one was within 18 months of retirement, they could not be med boarded out. I dont know if there are different rules for other services.