Findings (USMC)

I got my findings today, and was told that I am on PDRL (30%), with 70% VA. I was told by my PEBLO today that I would not receive any compensation from the DOD for the 30% because I didn't have enough time in service (4 years 5 months currently). Reading through my findings as well, there are two different informal boards that were conducted, the first one stated "sep w/sev;w/o benefits" with an unfit rating at 0%. The other one states "pdlr", and an unfit rating with 30%. So does this mean I will only get anything from the 70% VA disability?

Thanks in advance.

 

[jaycc]

I wasn't able to edit this message so I'm just typing a response to it. The main thing I am confused about is that I cant find a clear definition of in "Line of Duty." It states on my findings that A. The disability was incurred while entitled to receive basic pay. B. The disability did not occur during a period of unauthorized absence. C. The disability is not the result of intentional misconduct or willful neglect. D. The disability did occur after 14 Sep 1978.

So by reading that I would assume that I would rate compensation from DOD based on the 30% disability rating, am I correct on this?

 

[C23M]

I received same PDRL and VA %. You will only get high three of base pay for DOD or you wave DOD and get the VA %. Overall waving DOD you will get health care dental care and tax free VA payment indefinitely. Hope this helps

 

[jaycc]

Okay, that makes a lot of sense. Thank you.

 

[1ZERO]

Okay, that makes a lot of sense. Thank you.

Your talking about a Line of Duty "LOD" DETERMINATION get with your PEBLO on this for any clarity. Look like it was LOD, basically they want to make sure it wasn't fault of your own misconduct, while committing a felony, willful negligence, etc. Keeps the issues of say, Vehicular Manslaughter DUI and the service-person claims injuries for benefits, I guess there's exceptions as always but typically, wouldn't be qualified. Hope this helps you.

 

[RonG]

I received same PDRL and VA %. You will only get high three of base pay for DOD or you wave DOD and get the VA %. Overall waving DOD you will get health care dental care and tax free VA payment indefinitely. Hope this helps

That is partially accurate.

One has to agree to waive retired pay dollar for dollar in the amount of VA compensation in order to receive the VA compensation. It is not "either...or."

Often, the waiver/reduction results in residual (left over) retired pay. The retiree gets to keep the residual plus the VA comp.
Example:
DoD retirement = 2000
VA compensation = 1500
Waiver: 2000 minus 1500 = 500 residual retired pay
Payments each month: 1500 VA comp plus 500 residual retired pay

In my opinion, it is never a good idea to decline VA compensation.

Ron

 

[C23M]

I was looking at example 1333 DOD and 1800 VA = ? Offset 1800 VA?

 

[RonG]

[1]. I was looking at example 1333 DOD and 1800 VA = ? Offset 1800 VA?
AND
[2]. I received same PDRL and VA %. You will only get high three of base pay for DOD or you wave DOD and get the VA %. Overall waving DOD you will get health care dental care and tax free VA payment indefinitely. Hope this helps

Hello,

In the scenario you cited at item 1 above, the retired pay of 1333 is reduced by the amount of the VA compensation 1800 = zero retired pay. The retiree is paid the VA comp of 1800.
However, not every CH 61 situation is the same as the scenario you provided.

Often, the waiver/reduction results in residual (left over) retired pay. The retiree gets to keep the residual plus the VA comp.
Example:
DoD retirement = 2000
VA compensation = 1500
Waiver: 2000 minus 1500 = 500 residual retired pay
Payments each month: 1500 VA comp plus 500 residual retired pay

In my opinion, it is never a good idea to decline VA compensation. As you can see from the example provided, the retiree does not lose money by accepting VA compensation even though his DoD is a higher amount. The retiree keeps the residual (left over) retired pay.

Ron

 

[C23M]

@RonG , thanks for the informative information. Would theresidual be CRDP and or CRSC? Also, what’s your take on additional VA claim prior to IDES cha 61 medical retirement. I ask because i have been told to wait till first check... to claim additional iteams. I plan to elect VA pay.

 

[RonG]

@RonG , thanks for the informative information. Would the residual be CRDP and or CRSC? Also, what’s your take on additional VA claim prior to IDES cha 61 medical retirement. I ask because i have been told to wait till first check... to claim additional items. I plan to elect VA pay.

Hello,

You asked, "Would the residual be CRDP and or CRSC?"
Answer: Neither. It is just retired pay that did not have to be waived. Incidentally, CRDP is also retired pay, restored.

I know nothing about when to make claims in IDES. Recommend visiting with @chaplaincharlie @oddpedestrian or @Guardguy11

With regard to, "...to claim additional items. I plan to elect VA pay"--hopefully, you elect to receive VA compensation and waive retired pay dollar for dollar in the amount of VA compensation on all your claims. Otherwise, you do not receive VA comp. See my examples above.

Good luck,
Ron

 

[Guardguy11]

I got my findings today, and was told that I am on PDRL (30%), with 70% VA. I was told by my PEBLO today that I would not receive any compensation from the DOD for the 30% because I didn't have enough time in service (4 years 5 months currently). Reading through my findings as well, there are two different informal boards that were conducted, the first one stated "sep w/sev;w/o benefits" with an unfit rating at 0%. The other one states "pdlr", and an unfit rating with 30%. So does this mean I will only get anything from the 70% VA disability?

Thanks in advance.

I want to help but I need to get a better understanding of what is going on. If you got your findings "today" that you are PDRL 30%, you are then medically retired from Active Duty via U.S.C Title 10, Chapter 61. Permanent Disability Retirement List gives you Tricare eligibility and a military pension based on your high-3 pay. Looking at DODI 1332.18 the only way you can be denied the 30% PDRL is if your LOD is determined to be Not In the Line Of Duty (NILOD).

I find it strange that you would have even made it to the point where they even gave you ratings if your were a NILOD. An administrative DES goes quick and they don't even bother with ratings.

The only time requirement is making it through basic training to qualify for benefits, and even that is waiver-able.

Let me know what I am missing so I can help further.

 

[1ZERO]

Hello,

You asked, "Would the residual be CRDP and or CRSC?"
Answer: Neither. It is just retired pay that did not have to be waived. Incidentally, CRDP is also retired pay, restored.

I know nothing about when to make claims in IDES. Recommend visiting with @chaplaincharlie @oddpedestrian or @Guardguy11

With regard to, "...to claim additional items. I plan to elect VA pay"--hopefully, you elect to receive VA compensation and waive retired pay dollar for dollar in the amount of VA compensation on all your claims. Otherwise, you do not receive VA comp. See my examples above.

Good luck,
Ron

You should really consider Ron's advice here about waiving. And your lucky to have someone providing you these details, don't regret. He's trying to help you.

 

[C23M]

I do not take for granted RonG or anyone’s input on here. My whole plan is to take VA compensation, “dollar for Dollar. Thanks all have a good day.