I'm trying to confirm whether or not I will be able to draw my Active duty AGR retirement and VA disability once I'm separated thru the MEB/PEB process. I already have 50% combat related rating and will be receiving additional ratings
I asked my legal counsel today and he told me that AGR soldiers don't qualify for the 18 year sanctuary
I believe he misspoke. I know I cannot be placed in the Sanctuary Program but isn't my active duty retirement protected by law?
A little complicated to explain but not the difference in:
Military Retired pay: This is your AGR Retirement pay for longivity "18 Years". If you choose this it will be totally taxed and you will not get VA.
Military Disability Retirement Pay: This is based off the % of disability awarded. The max military disability retirement pay is 75%. If you choose this option it is offset with the VA and most of your DoD disability is not taxed. For example, if you get rated 75% from the military an the award is $4000 and your VA Rating adds up to $3000 then only $1K is taxed from your military disability pay.
Do you have a 20 year letter? I was AGR and had 16 years active federal service (AFS) and 10 years National Guard. I am chapter 61 because I got my 20 year letter in the Reserves while being AGR. If you are like me you will get both VA and your DoD Military Disability pay but it will be offset until you reach age 60. You can just request your AGR Military Longivity Retired pay and CRSC but you will not get VA. Most people OPt for the VA off set b cause it is tax free.
If you only have 18 years AFS and no additional guard/reserve time you will get the higher of your VA or DoD Medical military disability pay. The max DoD disability pay is 75% of your base pay. You don't get 100%.
You will also get your CRSC which is an additional pay check tax free. Your CRSC can not exceed your longevity retired pay. CRSC is based on your VA Rating for each condition that is combat related.
