I got my DOD rating at 70%, I am 100% service connected through the VA. I had an in-service injury and had two artificial disc replacements and a spinal fusion. The medics screwed up some paperwork and said the injury happened the day they filled out the paperwork, which is not what happened. The Army is not wanting to rate this condition. Is it worth fighting and going to a formal board for or would you just walk away at 70%?
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Formal PEB?
- Thread starter mcmurrayjc13
- Start date
First, you should have an IDES attorney assigned to you… ask that person.
Second, if you elect a formal PEB you will get a new attorney so you can ask that person. Electing a formal PEB does not mean you have to go through with it. Some people opt for the formal to buy themselves more time. This is especially true if you are trying to get as close to 20 years as possible.
Last, what are you trying to accomplish? You only need 30 percent to retire. What will you do if you get to the formal board and they lower your 70 percent rating?
Second, if you elect a formal PEB you will get a new attorney so you can ask that person. Electing a formal PEB does not mean you have to go through with it. Some people opt for the formal to buy themselves more time. This is especially true if you are trying to get as close to 20 years as possible.
Last, what are you trying to accomplish? You only need 30 percent to retire. What will you do if you get to the formal board and they lower your 70 percent rating?
What I want to accomplish is the Army recognizing my in-service injuries. I don't think they would lower my 70% rating because I have suicidal ideation and have attempted within the past year. I know it's still a risk though. I did just learn that for medical retirement the highest you can get is 75%, is that correct? If so, probably not worth the 5% extra, but would request it just to get as close as I can to 20 years.First, you should have an IDES attorney assigned to you… ask that person.
Second, if you elect a formal PEB you will get a new attorney so you can ask that person. Electing a formal PEB does not mean you have to go through with it. Some people opt for the formal to buy themselves more time. This is especially true if you are trying to get as close to 20 years as possible.
Last, what are you trying to accomplish? You only need 30 percent to retire. What will you do if you get to the formal board and they lower your 70 percent rating?
Medical retirement can be 100 percent. You only get paid money from the DOD if you have residual retirement pay or over 20 years of service with chapter 61. But the percentage doesn’t matter. Your pay will be based on your years of service.
For example. I am an over 20 year chapter 61 retiree. I am only paid in retirement at the rate of 52.5 percent of my high 3. I am not paid at 70 percent DOD disability that I was awarded during my PEB. Even if I got only 30 percent DOD during my PEB I would still be paid at 52.5 percent of my high three since retirement pay is based on length of service and I had 21 years and a month or two.
Residual retired pay is when your chapter 61 percentage pay is higher than your VA comp. So let’s say I retired as an O5 (I did not), this would entitle me to residual retired pay if I wasn’t over 20 years. Residual retired pay is the difference in your VA comp and retired pay. So if my O5 retired pay was 5k and my VA comp was 4k I would get 5K total. 4k from the VA (tax free) and 1k from the DOD (possibly tax free) but that’s getting more into the weeds.
So are you over 20 years? Will you receive residual retirement pay? Because mostly… fighting for a higher percentage will not help you. It is only opening the door to risk. I am pretty sure your DES attorney would say the same. But maybe not
For example. I am an over 20 year chapter 61 retiree. I am only paid in retirement at the rate of 52.5 percent of my high 3. I am not paid at 70 percent DOD disability that I was awarded during my PEB. Even if I got only 30 percent DOD during my PEB I would still be paid at 52.5 percent of my high three since retirement pay is based on length of service and I had 21 years and a month or two.
Residual retired pay is when your chapter 61 percentage pay is higher than your VA comp. So let’s say I retired as an O5 (I did not), this would entitle me to residual retired pay if I wasn’t over 20 years. Residual retired pay is the difference in your VA comp and retired pay. So if my O5 retired pay was 5k and my VA comp was 4k I would get 5K total. 4k from the VA (tax free) and 1k from the DOD (possibly tax free) but that’s getting more into the weeds.
So are you over 20 years? Will you receive residual retirement pay? Because mostly… fighting for a higher percentage will not help you. It is only opening the door to risk. I am pretty sure your DES attorney would say the same. But maybe not
No, I am not over 20 years of service. I have 14 years of service. Hopefully we get some more ground in the Richard Star Act so veterans can get what they deserve.
That would still have you receiving your length of service retirement pay. If it passes (it will not) you will never be entitled to more than your length of service pay. Otherwise there would be no point or benefit to someone doing 20 years. The bill would just remove the extra step of applying for CRSCNo, I am not over 20 years of service. I have 14 years of service. Hopefully we get some more ground in the Richard Star Act so veterans can get what they deserve.
Not worth for 5% extra. 75 is the top.