Eligible for serverance or nothing?

[Freddy]

Hi, am I eligible for severance pay? If so, is it offset by my current VA rating of 100%?

Here is my situation:
-Transferred to Army Reserve after 12 yrs of active duty
-100% VA rating upon active duty discharge due to combat injuries
-Got a non-combat LOD (torn calf, which is typically temporary but in my case, I keep injurying the same leg but I doubt I'll get more than 10% from DoD) that I'm getting boarded on (started DEC 2023)
-Now I have 18 or 19 good years (waiting on HRC computation)

With a 10% DoD rating, am I eligible for any compensation upon completion of the board or do I have to wait until I'm 60 yrs old? How does CRDP play into this? Since I have 100% VA rating, I don't get anything for longevity?

Thank you so much for your assistance.

 

[Jason Perry]

fredericksonc,

I will try to answer your questions, but, as always, I am limited in knowing what is actually going on in your case because I only have what you posted to go off of and more information might change my opinion.

Hi, am I eligible for severance pay? If so, is it offset by my current VA rating of 100%?

Yes, at a minimum, but I strongly suspect that you deserve much more than a finding that your potentially unfitting conditions are rated at less than 30% disabling. Offset depends o many issues that I am not clear about. All of that said, I would be fighting for a very high DoD rating based on what you have stated.

Here is my situation:
-Transferred to Army Reserve after 12 yrs of active duty

Curious about your present duty status and how long ago was your transition to the RC. Also, curious about your current civilian work status.

-100% VA rating upon active duty discharge due to combat injuries

This suggest to me that you should have been referred to the PEB before your separation from active duty.

-Got a non-combat LOD (torn calf, which is typically temporary but in my case, I keep injurying the same leg but I doubt I'll get more than 10% from DoD) that I'm getting boarded on (started DEC 2023)

You stated that your board started last month. I would need a lot more details to weigh in further, but I suspect that if they are only looking at your calf, they are wrong.

-Now I have 18 or 19 good years (waiting on HRC computation)

Important info to know, but also, consider this:

"Any member of the armed forces who has at least 20 years of service computed under section 12732 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 12735 of this title and, if otherwise eligible, to receive retired pay under section 12739 of this title upon becoming 60 years of age."

10 U.S. Code § 1209 - Transfer to inactive status list instead of separation​

​

 

[Jason Perry]

I would be fighting for full disability retirement and a lot more than the 10% you think you will get.

Best of luck to you!

 

[Freddy]

Curious about your present duty status and how long ago was your transition to the RC. Also, curious about your current civilian work status.

Hi! OMG thank you so much for responding so quickly. So appreciate it! I transitioned to RC 7 yrs ago but with 12 yrs on active duty, I don't have 19 yrs because as I transitioned from active duty, to TPU reserve, to IRR, and then back to TPU reserve, I have incomplete active duty years and due errors with my anniversary month adjustments as I transitioned, my points aren't properly aligned with the proper years.

I have a full-time civ gov job.

This suggest to me that you should have been referred to the PEB before your separation from active duty.

Interesting. I never thought of that but yes, I should have been. After my last deployment, I wasn't all there so I just wanted to get out so put in my separation request quickly.

You stated that your board started last month. I would need a lot more details to weigh in further, but I suspect that if they are only looking at your calf, they are wrong.

I'm probably getting the terminology all wrong. I was informed end of NOV. that my LOD (torn calf) is going to MEB. I initially went to an IPEB in August that found me unfit and uncompensable because my LOD didn't make it into EMMPS. HRC evaluated and confirmed injury occurred during drill and granted LOD in NOV. taking me to MEB.

I can include my VA rated injuries but I don't want to risk a downgrade, which would affect my student loans that have been foregiven and my property tax exemption.

I also just want to be done with this. Figured if I don't list anything more, it'll go faster, giving me a chance for severance, which is more appealing to me than having to wait for retirement age but I'm impatient. However, if severance is offset by my 100% VA rating, I will have no choice but to draw it out until I have 20 yrs, correct?

 

[Freddy]

I would be fighting for full disability retirement and a lot more than the 10% you think you will get.

Best of luck to you!

Not sure how I would fight for more without risking my 100% VA rating, while not losing the chance at severance, and getting something now vs. having to wait until I'm 60. The monthly VA comp is great of course but it's the additional expenses that I will regain if I'm downgraded that worries me.

Thank you so much for your assistance! So appreciate it.

 

[Jason Perry]

Freddy,
I think you are fundamentally misunderstanding the compensation and benefits that are available to you.

Not sure how I would fight for more without risking my 100% VA rating, while not losing the chance at severance, and getting something now vs. having to wait until I'm 60

Why do you think your VA rating is at risk? Also, the "chance at severance." statement does not make sense to me. You have essentially three options through IDES processing:

• Fit finding- you continue your service;
• Unfit at less than 30%- you get severance pay (or as I strongly suspect, based on what you wrote, you will ride out the process and you end with at least your length of service retirement).
• Unfit finding at 30% or more, you get immediate disability retirement pay

I think you are fundamentally not understanding the possible outcomes in your case.

The monthly VA comp is great of course but it's the additional expenses that I will regain if I'm downgraded that worries me.

Why do you think you will possibly get downgraded through the IDES? Again, I think you are not understanding how the IDES works.

I think you may be thinking incorrectly about the possible outcomes, and you may be thinking about all of this incorrectly. You have a good chance, if fought correctly, of gaining many hundreds of thousands of dollars (or more) over your life.

I think your leadership has not done a good job of explaining what you might be eligible to get through the IDES process.

 

[Provis]

Hi, am I eligible for severance pay? If so, is it offset by my current VA rating of 100%?

Here is my situation:
-Transferred to Army Reserve after 12 yrs of active duty
-100% VA rating upon active duty discharge due to combat injuries
-Got a non-combat LOD (torn calf, which is typically temporary but in my case, I keep injurying the same leg but I doubt I'll get more than 10% from DoD) that I'm getting boarded on (started DEC 2023)
-Now I have 18 or 19 good years (waiting on HRC computation)

With a 10% DoD rating, am I eligible for any compensation upon completion of the board or do I have to wait until I'm 60 yrs old? How does CRDP play into this? Since I have 100% VA rating, I don't get anything for longevity?

Thank you so much for your assistance.

So less than 30% DOD you wouldn't want to accept severance and by the way it wouldn't be offered. If you get severance you waive your retirement earned and since you have 15 or more good years you will qualify for a Reserve Retirement. There is a special issue 15 year letter given to those who are found medically unfit that is given to you in lieu of 20 year letter if you haven't reached 20 good years.

If you have 15 or more good years you would be put in gray area retirement awaiting pay until you reach age 60 or less if reduced by qualified deployments. @Jason Perry is correct. I would try to get 30% DOD to medically retire immediately. I would delay and appeal also to try to reach 20 good years if possible so that you get a 20 year letter instead of the 15 letter you would get right now. A 15 year letter is the same as a 20 year letter and its given to those who are found unfit whether they have a LOD or not. The downside of a 15 year letter is that you wouldn't qualify for CRDP so when you are eligible for your Reserve/Guard retirement it would be offset by any VA compensation received. SInce you have 12 years of active duty I am assuming you have a lot of points earned towards your Reserve/Guard retirement.

 

[RetiredAtty]

Provis is correct. At a minimum, assuming you are currently a member of the Selected Reserve and you have at least 15 good years of qualifying service, a disqualifying physical disability makes you eligible for a non-regular retirement when you reach the age of eligibility, which typically is 60 absent qualifying active duty deployments which may reduce the eligibility age. The relevant statutory provision is found at 10 U.S.C. § 12731b.

The Selected Reserve, see 10 U.S.C. § 10143, is comprised of Troop Program Units (TPUs), Active Guard and Reserve (AGR) Soldiers and Individual Mobilization Augmentees (IMAs).

I have attached an example of a 15-year letter provided by the Army reflecting this circumstance.

 

[Freddy]

So less than 30% DOD you wouldn't want to accept severance and by the way it wouldn't be offered. If you get severance you waive your retirement earned and since you have 15 or more good years you will qualify for a Reserve Retirement. There is a special issue 15 year letter given to those who are found medically unfit that is given to you in lieu of 20 year letter if you haven't reached 20 good years.

If you have 15 or more good years you would be put in gray area retirement awaiting pay until you reach age 60 or less if reduced by qualified deployments. @Jason Perry is correct. I would try to get 30% DOD to medically retire immediately. I would delay and appeal also to try to reach 20 good years if possible so that you get a 20 year letter instead of the 15 letter you would get right now. A 15 year letter is the same as a 20 year letter and its given to those who are found unfit whether they have a LOD or not. The downside of a 15 year letter is that you wouldn't qualify for CRDP so when you are eligible for your Reserve/Guard retirement it would be offset by any VA compensation received. SInce you have 12 years of active duty I am assuming you have a lot of points earned towards your Reserve/Guard retirement.

Thank you so much for explaining. If I have 20 yrs, found unfit and DoD rated 30% or more, does CRDP apply right away or at retirement age (minus my deployments)? Thank you.

 

[Freddy]

Provis is correct. At a minimum, assuming you are currently a member of the Selected Reserve and you have at least 15 good years of qualifying service, a disqualifying physical disability makes you eligible for a non-regular retirement when you reach the age of eligibility, which typically is 60 absent qualifying active duty deployments which may reduce the eligibility age. The relevant statutory provision is found at 10 U.S.C. § 12731b.

The Selected Reserve, see 10 U.S.C. § 10143, is comprised of Troop Program Units (TPUs), Active Guard and Reserve (AGR) Soldiers and Individual Mobilization Augmentees (IMAs).

I have attached an example of a 15-year letter provided by the Army reflecting this circumstance.

That you so much. That was huge help.

 

[RonG]

Thank you so much for explaining. If I have 20 yrs, found unfit and DoD rated 30% or more, does CRDP apply right away or at retirement age (minus my deployments)? Thank you.

CRDP applies when you meet the age requirement and you have an approved application for a non-regular (reserve/NG)
retirement. The VA rating must be 50% or more.

Ron

 

[RetiredColonel-MikeT]

CRDP applies when you meet the age requirement and you have an approved application for a non-regular (reserve/NG)
retirement. The VA rating must be 50% or more.

Ron

And to add on to what @RonG stated: if you have the appropriate mobilization/deployment time, you can be eligible for Early Reserve Retirement - 90 days of Title X orders = 3 months of early retirement, you can find more on HRC's site HERE

 

[Freddy]

Freddy,
I think you are fundamentally misunderstanding the compensation and benefits that are available to you.


Why do you think your VA rating is at risk? Also, the "chance at severance." statement does not make sense to me. You have essentially three options through IDES processing:

• Fit finding- you continue your service;
• Unfit at less than 30%- you get severance pay (or as I strongly suspect, based on what you wrote, you will ride out the process and you end with at least your length of service retirement).
• Unfit finding at 30% or more, you get immediate disability retirement pay

I think you are fundamentally not understanding the possible outcomes in your case.

Why do you think you will possibly get downgraded through the IDES? Again, I think you are not understanding how the IDES works.

I think you may be thinking incorrectly about the possible outcomes, and you may be thinking about all of this incorrectly. You have a good chance, if fought correctly, of gaining many hundreds of thousands of dollars (or more) over your life.

I think your leadership has not done a good job of explaining what you might be eligible to get through the IDES process.

board counsel said, while referencing this slide, PEBLO will send me a VA claim form. Form will already have my MEB referred condition listed. My options are:

1) don't sign the form: I've submitted a new claim, VA sends me to C&P for new claim (calf only), MEB decides medically acceptable or not, PEB decides fit or unfit, if unfit, PEB asks VA to give me a disability rating.

a. Con: most likely a low DoD rating because VA only evaluated my calf so high chance of something less than 30% so be only evaluating my calf, which means if under 30%,

b. Pro: Because I did NOT sign the VA claim form, this is not a new VA claim, therefore no existing VA rating gets touched. The VA claim form is simply the mechanism for the VA to evaluate the condition that the DoD needs a rating on.

2) Sign but don't add any new conditions to the claim form: I've signed the form so the calf will get a VA rating because the Army only looks at the referred condtion, which is the calf.

3) Sign and list other conditions that the Army should consider when finding fit or unfit and to get a new rating. Was told that I may not want to list conditions that the VA currently has me rated high on within my 100% VA rating, that my ratings may go down.

My two highest ratings surprised the the army attorney. He said he's never seen it where someneo has concussive disorder rating and a separate PTSD rating; that they're always combined for a rating so thinks this might have been an oversight by VA and with a new claim evaluation, they will most likely choose to combine these two ratings.

 

[Freddy]

CRDP applies when you meet the age requirement and you have an approved application for a non-regular (reserve/NG)
retirement. The VA rating must be 50% or more.

Ron

Thank you.

 

[Jason Perry]

A few points about "losing" a VA rating from IDES consideration of your conditions. First, this is not something that I have seen actually ever happen. I'm not saying it's impossible, but really, the VA-DRAS folks are just making the proposed findings; they are not contacting VBA to review your current ratings. And all of the presumptions about the evidence needed to overturn a rating (based on the time the rating is held, your age, or Permanent and Total findings). Plus, in order to reduce a rating, they have to offer a hearing. I tend to think that this idea of losing a rating via IDES is junk. I would maybe consider it as an issue if you have gotten much better for certain conditions or if there is identifiable fraud in your original processing. But, they aren't routinely re-opening ratings, and if they have not scheduled you for a review at the VA, they are not going to be prompted by proposed IDES findings. (And, if they were already proposing a review, it's going to happen anyway).

My most closely related experience with this was with a client who was a reservist, had filed for compensation before entering IDES, appeals through the VA took their course over a year or so and the back condition was rated by VA at the RO at 40%. This came after the IDES proposed rating of 20%. I just filed a VA Rating Reconsideration (VARR) copied the rating decision for 40% and requested they apply that- which they did. It actually worked to increase his overall compensation substantially.

Every case is different, so I don't want to say I know all the issues in your case. But I suspect you are potentially leaving a lot of compensation on the table. I don't agree at all with that analysis about not signing the form doing something for you.

 

[MSG_Raven2-3]

I got a question about this. I have PTSD as referred condition. I have a 70% VA rating for about 8 years. Got a 5 year re-evaluation which stated “examiner determined your condition is static and without improvement”. I am the beginning of the IDES no MSC contact yet. SHOULD I sign the waiver to not have my IDES ratings used for VA purposes? I believe based on continual treatment that I should be at 70 or higher. So, since the VA has my as static at 70, but let’s say I get a dud examiner might say 50. Will they change my 70?

However, I do have foot bursitis LOD that is NOT VA rated yet and would like to get it rated thru IDES.

Not sure if you can waive the use of IDES for some conditions and not for others. Or if you can only pick one or the other “for DOD purposes only” or full blown VA reassessment.

I am currently @the 93% mark. The foot should get me over the hump.

 

[Provis]

I got a question about this. I have PTSD as referred condition. I have a 70% VA rating for about 8 years. Got a 5 year re-evaluation which stated “examiner determined your condition is static and without improvement”. I am the beginning of the IDES no MSC contact yet. SHOULD I sign the waiver to not have my IDES ratings used for VA purposes? I believe based on continual treatment that I should be at 70 or higher. So, since the VA has my as static at 70, but let’s say I get a dud examiner might say 50. Will they change my 70?

However, I do have foot bursitis LOD that is NOT VA rated yet and would like to get it rated thru IDES.

Not sure if you can waive the use of IDES for some conditions and not for others. Or if you can only pick one or the other “for DOD purposes only” or full blown VA reassessment.

I am currently @the 93% mark. The foot should get me over the hump.

I haven't heard of anyone being able to choose which items to be waived for VA purposes. Regular IDES might be the route to go especially if you have another potentially unfitting condition that needs to be rated.

Also, If the VA rated you 70% Static I wouldn't worry about it changing as they use the same medical evidence. The only time you would be concerned is if your condition improved. IDES has a lot of protections and you know a lot about VA disability. I wouldn't be concerned about going through it again. You know what to say and assuming you are getting mental health treatment there shouldn't be a problem. Also, if the VA gets it wrong you can do a VARR to have them fix it later on in process.

I haven't ran into anyone who did full IDES and regretted it. Also, look at your symptoms. This may be your chance to be rated 100% PTSD. Was your PTSD combat related? If the PEB finds it unfitting and combat related your chapter 61 pension will be exempt from federal income taxes.

 

[MSG_Raven2-3]

Yes it was combat related. I have copies of my old DBQ. My current personal MH provider and I were also thinking of doing a new DBQ since the old information (symptoms) etc are the same and worse in some cases.

 

[Provis]

Yes it was combat related. I have copies of my old DBQ. My current personal MH provider and I were also thinking of doing a new DBQ since the old information (symptoms) etc are the same and worse in some cases.

Just remember that the FPEB doesn't follow the same regulations so do everything you can to ensure you get the outcome you want. You can have the PEB rule not combat related and CRSC rule the opposite and vice versa.

 

[MSG_Raven2-3]

Thanks for the advice