Provis
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  • If you are in over 20 years as a reservist or guard member and are medically retired. Do you start to receive your retirement pay right away? Im so confused about this process and i really cant understand anything these days. I have had a dew TBIs that are causing me some frustrations. When people try and explain it really causes me to shut down. I dont want to get the shaft because i dont have the tolerance or patients and just end up saying do whatever you want just leave me alone. Ive tried to read some of these posts on similar questions but my head starts swimming. Im not yet age retirement eligible …so will i just recieve disability when they med retire me or both right away? Thx
    Provis
    Provis
    That answer is yes but only if the unfitting condition that causes you to not be able to do your job has a LOD. If you do medically retire right away any pension you receive will be offset by VA compensation. So for most its about getting their VA and tricare. Then at age 60 or slightly less if reduced by qualified deployments you get your reserve/guard pension + VA disability.
    J
    Jamil730
    Ok, I think I understand. I’m assuming I have an LOD since I was hospitalized for my injuries while on active duty COADOS orders. I have so many deployments since 2008 that I have shaved off 9 years. But I’m only 48. I’ve been in for 30 yrs so I’m concerned when I see paperwork that I won’t pick the right options for pay. But I guess I should ask them more questions. Thank you
    Hi there,
    I just received my CRSC award letter and was in the process of trying to calculate the numbers for myself when I checked mypay website and found a CRSC Pay statement. The statement says that my CRSC Net Pay is $431. My question is, is "Net Pay" the amount I can now expect to receive monthly in addition to my VA disability? Do they usually calculate these with high accuracy? Based on the calculator I was using I thought it would be less.
    As always, appreciate your time and guidance on the forum!
    Provis
    Provis
    They are normally very accurate and yes that is the additional pay you will receive via CRSC in addition to any VA compensation or chapter 61 pension if you have any due to you after the VA offset.
    Military Disability Retirement Pay shouldn't be included in taxable income if your disability or injury was caused by combat or if you get military disability instead of VA disability for your injuries.”

    Is this a true statement?

    source
    Provis
    Provis
    Yes but the article is a bit misleading. Non taxable would be for combat related non fitting chapter 61 retirements. The other exception is when you don't agree to an offset from the VA you can exclude paying federal taxes on the amount that the VA compensation would have been received by offset.
    Provis
    Provis
    This is what this part of the article says: Military Disability Retirement Pay shouldn't be included in taxable income if your disability or injury was caused by combat or if you get military disability instead of VA disability for your injuries.

    The beginning part makes a general statement that isn't quite true as most pensions are subject to federal taxes.
    Hi Dan,

    I just posted the new update to DODI 1332.18 and explained why it is important for PEB Forum members to review this document. However, I could not find a place to post it under the Resources section- can you do so? Thanks! v/r

    Jack

    PS. I shared a copy of it with Jason Perry last week but know that he has not had a chance to share it yet

    Attachments

    • DoDI 1332.18 - 10 Nov 2022.pdf
      703.1 KB · Views: 30
    In a post you wrote

    “Another factor is to know if your chapter 61 pension is exempt from Federal Income Taxes”


    Can you state this in different words?
    chaplaincharlie
    chaplaincharlie
    I missed my window of opportunity. The IPEB only found one item unfitting, but that one was 100%, so I accepted. I should have appealed because my presumptive conditions were not found unfitting. Thus no tax free DoD money.
    Provis
    Provis
    Sorry to hear that!
    chaplaincharlie
    chaplaincharlie
    There are so many is and outs; every member news great legal representation.
    Hello,
    I am new to the forum and was looking gor for contact info of attorneys that might be able to help me with my claim.
    Ron suggested that I reach out to you to see if you had any you could recommend. I am in Northwest Indiana.

    Thank you for your time and consideration of a fellow veterans need.

    I was med boarded out in 2003 with a zero % rating. I may or may not need a board of corrections as I just discovered that my second LOD injury (MVA) was never recorded. I am now rated 100% P&T for PTSD through the VA.

    I'm not even sure any of this pursuit is worth it, but it has always bothered me that I lost my career. I only found out that I even had a rating in 2015 when they cut my insurance at work, and I needed to see a doctor because my old military injuries were becoming unbearable, so I looked to the VA for support. I then found my 0percent rating was mailed to the wrong address. I now have secondary issues I have had rejected by the VA.

    Please forgive the digression. I sure could use some professional help with my claim.

    With Appreciation,
    -Alfredo
    Provis
    Provis
    I sent you some recommendations. Attorneys for these type of matters don't need to be local. Picking the best one is will yield better results verse choosing one locally.
    Militarylife-Ing
    Militarylife-Ing
    Can you send me this information as well, please and thank you.
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