I have a serious chronic illness and will start the IDES process in the near future. I believe I have a (very) little time to drop retirement paperwork to try and avoid the MEB. My question is there an advantage either way?
I believe a MEB will result in 100% DoD & 100% VA. My understanding is that CRDP effectively dampens the DoD % to my time in service (20 years), so why not retire with 50% DoD for TIS and get the 100% VA? Is there any advantage either way? I would really appreciate your opinions.
Having your ratings before discharge is a good thing. You can appeal your VA % for unfitting issues, which takes weeks via a VARR with free JAG assistance. (Post discharge appeals are 3-5 years). As long as you're over 20 you'd qualify for CDRP either route, disability or regular retirement.
If you're being referred into IDES, they will cancel any approved retirement request. If you are already referred they will disapprove any request sent up.
If you're being referred into IDES, they will cancel any approved retirement request. If you are already referred they will disapprove any request sent up.
If you have an approved retirement at the time you are referred to the MEB, then you fall into the "presumption of fitness rule". This means the MEB/PEB would be cancelled at the IPEB level (not your retirement) unless you meet criteria to overcome the PoF rule, which requires you to request a Formal PEB.
I went thru this scenario myself. I was able to overcome PoF on 2 of 3 referred conditions(all you need to do is overcome 1) and am being med retired instead of LOS.
For me, having 20 AFS, it was monetarily better for me to be med retired. At 80% Army rating, I will collect 75% of my high 3 avg instead of 50% from LOS. Since I am 100% VA rated, I will also qualify for CRDP and get both.
Since I am AGR, I have 20 AFS but 27 for pay, so my high 3 average is maxed out at my pay grade. That jump from 50% to 75% is Huge...like ~1100/month gross more.
Special Rules for Chapter 61 Disability Retirees: Members retired for disability under Chapter 61 of title 10 United States Code may be entitled to CRDP only if they have at least 20 years of service qualifying for regular or reserve retirement. Additionally, any disability retired pay that is in excess of retired pay to which that member would be otherwise entitled (i.e., for years of service) remainssubject to offset and may not be restored under the CRDP program.
See second and fourth bullets for possible reserve scenarios:
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.
Under these rules, you may be entitled to CRDP if…
*you are a regular retiree with a VA disability rating of 50 percent or greater.
*you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
*you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
*you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
