Army disability retirement ratings question - need some info and advice

colpd

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I am a Reservist with 31 years of service, 13 years of active federal service and going to an MEB. I was referred for three conditions: severe osteoarthritis in both knees, malignant choroidal neovascularization (right eye) (somewhat similar to wet macular degeneration) and degenerative disc disease in my back. I have numerous other issues being considered by the VA but they don't count towards my being fit/unfit. I am most concerned with maximizing my ratings on the referred conditions. So, here's the question: I was recently approved for knee replacement surgery in my right knee with the left knee to follow. What impact does that have on the military disability rating? In other words, the VA will give me 100% for a year and then a minimum of 30% after that. How is this treated for the military disability??
 
Assuming the PEB determination occurs after the sugery, they should rate at 100% as well.

Mike
 
Mike, thank you so much for the quick reply. Just a few more questions for clarification. My military retirement percentage hinges on the disability rating applied to my referred conditions - correct? So, if that is the case, Is this a temporary disability rating for that military disability retirementn percentage? Does it get adjusted a year down the road?
 
If you have over 20 yrs AC or a 20 yr letter, if you get a medical retirement you draw retirement when you retire. If you have a 20 yr letter and you get MEBd/PEBd out, you will draw your retirement immediately. The military rating and the VA rating are completely different. The max VA rating is what you want!!!
 
You have a lot of calculations to do. first, remember you want to be rated over 30% from the PEB to collect that percentage of your base pay (for reserves it is kind of like a high 3). anything less and you will collecting your check at your normal retirement age.

i am not a pro but i would think that a double knee replacement would not be too high, and if it was initially high, it would probably be Temp and reduced later. PEBs for the RC are taking years ( i believe to be in the 18 month range after talking to one of the local MEB managers for my RSC). keep good documentation and you are right you need to maximize your military disibility rating. your may want to look at the calculation CRSC. you are probably sitting on 6100 retirement points and depending on your ratings and what conditions they consider service connected you may be entitled to 2 early checks.
i wish you luck
 
Below are the calculations for determining retired base pay, from the DoD Financial Management Regulations. There is a High-3 for reservists:

a. Title 10, U.S.C., sections 1201 or 1202 Retirement With 36 Months or More Service. The retired pay base is an amount equal to the total of the highest 36 months of basic pay, whether or not consecutive, divided by 36.
3-3
DoD Financial Management Regulation Volume 7B, Chapter 3
February 2006
b. Title 10, U.S.C., Sections 1201 or 1202 Retirement With Less Than 36 Months of Active Service. The retired pay base is an amount equal to the total basic pay member was entitled to during active service divided by the number of months (including any fraction) of member’s active service.
c. Title 10 U.S.C., Sections 1204 or 1205 Retirement With 36 Months or More Service. The retired pay base is an amount equal to the highest 36 months of basic pay to which member is entitled (or to which member would have been entitled if member had served on active duty during the entire period of the member’s highest 36 months) divided by 36.
d. Title 10 U.S.C., Sections 1204 or 1205 Retirement With Less Than 36 Months as a Member Before Retirement. The retired pay base is an amount equal to the total basic pay to which member is entitled during the entire period (or to which member would have been entitled if member had served on active duty during the entire period) divided by number of months (including any fraction) that member was a member before retirement.
e. Title 10, U.S.C., Sections 1201 and 1202 Retirement for Reserve Component Members. Effective October 28, 2004, the retired pay base for Reserve members who, while serving on active duty, become entitled to disability retired pay under sections 1201 and 1202 of Title 10, U.S.C., is computed under section 1407(c)(3) of Title 10, U.S.C., as if the member had been entitled to basic pay for the 36 months preceding retirement or the entire period the member was a member of a uniformed service (if less than 36 months), regardless of whether the member served the entire period on active duty. For Reserve Component members with 36 months or more of service, the retired pay base is computed as prescribed in paragraph 030101.C.2.c. above. For Reserve Component members with less than 36 months of active service, the retired pay base is computed as prescribed in paragraph 030101.C.2.d above. Also, see paragraph 520401 for active duty death Survival Benefit Plan annuity computation.
 
Per DoDI 1332.38, MEBs are to include all medical conditions with full clinical data. All conditions can potentially contribute to unfitness so that is why they need to be covered in the MEB. See the "overall effect" provision in DoDI 1332.38. Also note that all conditions need to include the minimum data from the applicable VA AMIE worksheet.

TDRL means they will review it at least every 18 months. The results of the review can be an increase or decrease in ratings or perhaps a fit finding.

Make sure all your conditions are properly covered as they are all required to be reviewed by the PEB for fitness.

Mike
 
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