Help remembering

[jim1960]

I was separated after 29 total years of service in Guard but only 15 active, I opted for the retirement at 60 rather than the severance pay. My PEB was for severe central sleep apnea (got 0%) and severe ankle problems (got 20%). The VA rated me at the same 20% for the ankle and of course 50% for Apnea, due to these and other problems I ended up with a VA rating of 100% SC permanent and total. I filed a NOD on the ankle rating and just reveived a letter from the VA stating they agree with my that I had loss of use of foot from the day after I was seperated and increased the ratting to 40% starting the day after seperation.

My DA 199 states "disability was incurred in a combat zone"

I am trying to remember if I were to go the review board and get the 40% would my Mil retirement be offset? I can not remember what regs/laws cover this.

Thanks

 

[Jason Perry]

At age 60, you would receive CRDP. Until that point, you would have an offset. The "incurred in a combat zone" finding would affect offset for severance pay, in order to qualify for tax-free benefits you are looking to have a 10 a/c finding on your DA 199.

 

[jim1960]

Thanks

I thought that is what i remembered. So now to decide if i will even file with the board, I guess I could get TICARE and military hops if I win, and of course some satisfaction.

Jason thanks for all you do