Denying Med Retirement

[ctdarden]

If DOD rates me 30% or higher, is it possible to deny the retirement and take the severance check with 100% VA with combat code? I'd rather have the severance than tricare

 

[PERS-95]

No.

 

[Jason Perry]

If DOD rates me 30% or higher, is it possible to deny the retirement and take the severance check with 100% VA with combat code? I'd rather have the severance than tricare

THe previous answer ("No") is technically correct. There is no option to elect a lesser degree of fitness or disability rating than awarded by the PEB. However, I have had a few cases over the past 18 years where a client wanted that result (to get severance over retirement). And, in some cases, that actually makes more financial sense. This is especially so in cases where the unfitting disability is incurred or aggravated in a combat zone. 10 U.S. Code § 1212. So, what possible option might work? You can go to the Formal PEB and argue that one or more conditions are not unfitting so long as you have multiple unfitting conditions. If the FPEB agrees, they may issue findings that place your disposition as separation with severance pay.

Whether this makes sense to attempt is dependent on your situation. But, it can be done.

 

[ctdarden]

THe previous answer ("No") is technically correct. There is no option to elect a lesser degree of fitness or disability rating than awarded by the PEB. However, I have had a few cases over the past 18 years where a client wanted that result (to get severance over retirement). And, in some cases, that actually makes more financial sense. This is especially so in cases where the unfitting disability is incurred or aggravated in a combat zone. 10 U.S. Code § 1212. So, what possible option might work? You can go to the Formal PEB and argue that one or more conditions are not unfitting so long as you have multiple unfitting conditions. If the FPEB agrees, they may issue findings that place your disposition as separation with severance pay.

Whether this makes sense to attempt is dependent on your situation. But, it can be done.

 

[ctdarden]

Here's the DBQ from my only unfitting condition. Thoughts on what the DOD rating will be?