20 years Active Duty-IPEB Finding-Need Advice

S

Sokoothedude

PEB Forum Regular Member
Registered Member
Hi all,

I'm a 20 year AD CW4 that started my MEB last October. It has been moving lightning quick. My MEB forwarded 5 conditions disqualifying for continued service however, the IPEB only found one of those as disqualifying, disregarding the other four, and recommended a 20% DOD rating and placement in the permanent disability list. My proposed VA rating is 100%

If all 5 conditions listed by the MEB were to be considered (I believe they should as they inhibit me from doing my job) then my DOD rating would be 60%

Question 1 - Should I fight the IPEB recommendation and ask for a Formal PEB considering that if they rule favorably I would have a 60% DOD rating vs 20%?
Question 2 - Does total payment (DOD + VA) change if my DOD rating came back at 60%? The paralegal at the JAG office said that the max i would get from DOD was 50% regardless but that doesn't seem right. I have a consult with a JAG MEB Lawyer next week.

I read in another thread that there's some really confusing math on how this is all computed. Can anyone help me figure this out? My numbers are as follows:

20 years 6 months Active Duty
Avg High 3 - $6850
Possible DOD Rating - 60%
Proposed VA Rating - 100% or $3343.1 (wife+2kids<16)
 
You’ll get 50% for length of service and full VA at 100%. If you had less than 20, I’d say appeal and get the higher dod amount, but since you’re past 20 there is no benefit.
 
Sokoothedude said:
Hi all,

I'm a 20 year AD CW4 that started my MEB last October. It has been moving lightning quick. My MEB forwarded 5 conditions disqualifying for continued service however, the IPEB only found one of those as disqualifying, disregarding the other four, and recommended a 20% DOD rating and placement in the permanent disability list. My proposed VA rating is 100%

If all 5 conditions listed by the MEB were to be considered (I believe they should as they inhibit me from doing my job) then my DOD rating would be 60%

Question 1 - Should I fight the IPEB recommendation and ask for a Formal PEB considering that if they rule favorably I would have a 60% DOD rating vs 20%?
Question 2 - Does total payment (DOD + VA) change if my DOD rating came back at 60%? The paralegal at the JAG office said that the max i would get from DOD was 50% regardless but that doesn't seem right. I have a consult with a JAG MEB Lawyer next week.

I read in another thread that there's some really confusing math on how this is all computed. Can anyone help me figure this out? My numbers are as follows:

20 years 6 months Active Duty
Avg High 3 - $6850
Possible DOD Rating - 60%
Proposed VA Rating - 100% or $3343.1 (wife+2kids<16)
Click to expand...

In response to your specific inquiry, the following soundly insightful feedback is provided as based upon my personal experiences while previously in the DoD IDES process and as a military disabled veteran currently placed onto the DoD TDRL for nearly the past 3 years & 10 months:

Q1. Should I fight the IPEB recommendation and ask for a Formal PEB considering that if they rule favorably I would have a 60% DOD rating vs 20%?
A1a. Based upon what's written and in my opinion, yes indeed!
A1b. In short for my particular situation, I had over 20 years AFS and requested a FPEB hearing for additional "unfit for duty" medical conditions (4 or 5; I can't recall) plus another combat-related determination. To that extent, the FPEB issued a finding which was similar to the original IPEB recommendation (e.g., same two "unfit for duty" medical conditions), but not any of the requested 4 or 5 medical conditions were officially added as unfitting.

Q2. Does total payment (DOD + VA) change if my DOD rating came back at 60%?
A2a. Based upon what's written and in my opinion, yes indeed!
A2b. Since your DoD disability rating would potentially increase (e.g., 60%), it would be higher than your military length of service rating (e.g., 51.25%)! If you meet all of the eligibility requirements for CRDP, then DFAS will provide you a letter with a full explanation of your military retirement monetary options (e.g., Method A or Method B; whichever is most beneficial to the retired service member is automatically selected by DFAS).
A2c. In my particular situation while eligible for DFAS CRDP, DFAS automatically selected the DoD disability rating (Method A calculation) since it's higher than my military length of service rating (Method B calculation) for military retired pay as explained in detail via the receipt of a DFAS certified letter.

In retrospect as a direct monetary result from the official completion of the DoD IDES MEB/PEB process, a potential outcome could be either the receipt of disability severance pay or the receipt of disability retirement pay.

If a disability retirement pay outcome is determined from the official completion of the DoD IDES process, then disability retired pay is calculated on the basis of a military service member's actual DoD disability rating (e.g., 30% disability rating or higher) or military length of service rating (e.g., 2.5% times years of service), whichever is higher. Note that the DoD disability rating percentage is capped at 75%. The military length of service rating does not have the 75% cap anymore.

Moreover, the aforementioned applicable percentage is then multiplied by the military service member's retired base pay. Military service members who entered active duty after September 8, 1980, will have their retired base pay calculated as the average of their "high 36-months" of basic pay. For military service members who entered before September 8, 1980, a final basic pay method is used. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Last edited:
Re: "Question 2 - Does total payment (DOD + VA) change if my DOD rating came back at 60%? The paralegal at the JAG office said that the max i would get from DOD was 50% regardless but that doesn't seem right. I have a consult with a JAG MEB Lawyer next week."

Much of this has been discussed above. However, please keep in mind:
--Your CRDP which allows concurrent receipt of retired pay and VA comp does not restore waived DoD disability retired pay.

--Using an example of 60% Dod Disability pay vs. 20 yr AD (50%) a certain part of your waived retired pay will not be restored via CRDP if the Disability retired pay is in effect. That is limited to the dollar amount of the longevity portion of retired pay. This not to suggest that taking the lower amount (longevity retirement) is better, it is just an alert that not all the waived retired pay will necessarily be restored.

--The laws pertaining to the payment of CRDP apply and are available for review by anyone. (DoD Financial Management Regulations. Volume 7B, Chapter 64)
 
Update

Spoke to a MEB JAG attorney that seemed very knowledgeable and after reviewing my documents he said I absolutely have every reason to be mad at the IPEB findings but also the squeeze wasn't worth the juice to fight it since I have 20 years of active duty service. Reasoning given was that since my VA rating was 100% the maximum DOD payout would be 50% of high 3 even if my DOD rating was adjusted to 60% or more. I've gotten mixed responses on this thread here that agree and disagree with what the lawyer just told me. I've also read on other threads more confusing and complex ways and answers. Can someone please clarify or help me figure out exactly what to do in this situation? My numbers are below:

Total AD time: 20 yrs 6 months
High 3 pay: $6,624
Expected retirement pay: $3,312
VA rating: 100% - permanent-
Expected VA pay: $ 3343
Current DOD rating: 20%
Possible DOD rating: 60% (if I fight and win on the FPEB)

At this point I'm planning on following the lawyers advice and moving onto civilian life. Just out here doing due diligence before I sign on the proverbial line.

Thanks in advance
 
So reading the DFAS regulation quoted above I see the following formula:

(GRP - CBO) + ((CBO - 2004 Base) × Phase-in %) + 2004 Base

Here where I get confused and hoping someone can clarify for me. What is GRP? Would this be 60% of my high 3 as if I was awarded that disability amount by DOD???


GRP = $6624 x 0.6 = $3974
ARP = $3312 (standard military retirement) ???
VADC = $3343 (my 100% VA monthly amount) ???
So CBO = the lesser of ARP or VADC = $3312
What is the 2004 base? $740 (for 100% VA) ???
What is the phase-in %? 100%???

(3974 - 3312) + ((3312 - 750) x 1.00) + 750 = $3974
So my medical retirement from DOD if I were to be awarded 60% DOD disability rating would be $3974/mo
My total monthly compensation would then be

$3974 (above) + $3343 (100% VA rating) = $7317

Using standard military retirement

$3312 (50% of high 3) + $3343 (100% VA rating) = $6655

I stand at a $662/mo advantage if rated at 60% DOD medical retirement if my math and logic is right. Why in the world would the MEB JAG attorney say this is not what I would get and the fight is not worth it?
 
Sokoothedude said:
Update

Total AD time: 20 yrs 6 months
High 3 pay: $6,624
Expected retirement pay: $3,312
VA rating: 100% - permanent-
Expected VA pay: $ 3343
Current DOD rating: 20%
Possible DOD rating: 60% (if I fight and win on the FPEB)
Click to expand...
Regular retirement:
1. 20 yr 6 mo = 20.5 yrs x 2.5% = 51.25%
2. Hi 3 $6624 x 0.5125 = $3395 regular retirement
Note: since your VA is expected to be 100%, you will receive all your retired pay (some or all of which is CRDP which is taxable as it is restored retired pay)
3. VA comp = $3343
4. You will receive each month: $3395 ret pay (of which $3343 will be CRDP and mentioned only on page two of DFAS RAS. CRDP is retired pay itself) + $3343 VA comp for a TOTAL of $6738

DoD disability retirement @ 60% in your case:
1. $6624 x 0.60 = $3974 ret pay
2. $3974 - 3343 VA offset = $631 residual retired pay
3. CRDP restores $3343 of waived retired pay
4. Total each month: $631 residual ret pay + 3343 CRDP = $3974 + VA comp of $3343 = $7313 (note: the $631 was not subject to offset)
5. The DFAS RAS will show $3974 as gross retired pay.
 
I have to go now, but your formula seems to be the outdated method from the Phase-in of CRDP...which expired at the end of 2013 if I remember correctly.
 
Correction: I overlooked the provision that the CRDP pay you receive is limited due to your length of service (longevity). Your CRDP is less than your total retired pay because your total pay also includes an amount for your disability. By law, you cannot receive two disability pays for the same disability, as would occur if you got disability pay in your service check and from the VA. Consequently, the $631 residual retired pay shown as part of the equation is non-applicable.
See 10 U.S. Code § 1414 at https://www.law.cornell.edu/uscode/text/10/1414
and
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) remains subject to offset and may not be restored under the CRDP program.
http://militarypay.defense.gov/Pay/Retirement/CONCURRENT/

The bottom line: In essence, you cannot be paid DoD disability retired pay and VA disability compensation for the same period. The $631 is in excess of the dollar amount of the longevity portion of the retired pay; therefore, it is DoD disability pay.
 
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