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How does your TIS effect either a severance or retirement?

tellmeaboutit427

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Been lurking here a very long time, finally deciding to post my timeline, and start asking questions.

I am currently going through an LDES for MH and am finally at the IPEB phase. I keep seeing that if you do not have a certain amount of years, does that mean you will not even have a chance for a retirement? So, they will just kick you out the door?
 

RonG

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The requirement for a medical retirement is a 30% or more DoD rating for your disabilities.
The retired pay for someone with relatively few years of service likely would be the DoD percentage x the average high three base pay. If the longevity multiplier is higher than the DoD rating, then it would be used instead.

Active duty equivalent years and months x 2.5% (2% if in the blended retirement system) = longevity multipler.

Disability Severance Pay


All branches of service have the authority to separate a soldier on the Temporary Disability Retirement List (TDRL). Separation may occur with entitlement to disability severance pay or without.

You must meet all of the following requirements to be eligible:


  • be found unfit for duty,
  • have less than 20 years of service,
  • and have a disability rating of less than 30%.

Prior to January 28, 2008 members were required to have at least 6 months of service to qualify for discharge with severance pay. This rule no longer applies.

If you were discharged with severance pay, you cannot go back on active duty or choose to apply for retirement later. However, you may be eligible to apply for monthly disability compensation from the Department of Veterans Affairs (VA) if the VA determines your disability is service-connected.


Calculation and Payment


Disability severance pay is a one-time lump sum payment. The amount equals 2 months of basic pay for each year of service which includes active service and inactive duty points, but the total service years cannot exceed 19 years. Additionally, the minimum number of years required for computation purposes is six years for a disability incurred in the line of duty in a combat zone, or 3 years in the case of any other member. Prior to January 28, 2008, a maximum of 12 years and minimum of three years creditable service was used.

The severance pay info is from DFAS.

Ron
 

tellmeaboutit427

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Okay, so I have six years and ten months in as of this month. I am hoping for more than 30% so I can continue treatment. It has been a hard road. I was concerned that having less than eight years was an automatic disqualifier. Thank you so much for clarifying.
 

RonG

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Okay, so I have six years and ten months in as of this month. I am hoping for more than 30% so I can continue treatment. It has been a hard road. I was concerned that having less than eight years was an automatic disqualifier. Thank you so much for clarifying.
Hello @tellmeaboutit427 ,

Pursuant to 10 USC 1207a, a disability incurred prior to active duty will be treated as if it were incurred while the member was entitled to basic pay, for the purpose of considering whether incurred in the line of duty, as long as the member has at least 8 years of active service and was on active duty for more than 30 days when the fitness determination was made. The provisions of 10 USC 1206a modify application of 1207a to Reserve Component Soldiers called to active duty. If the Reserve Component Soldier is released by the 30thday of active duty due to identification of a pre-existing condition not aggravated within the 30 days, the Soldier will not have met the 30 day active duty requirement. The provisions of10 USC 1207a do not apply to Reserve Component Soldiers who are referred to the DES after they are released from active duty.

See the following for related information: DoD Disability Retired Pay <---LINK

I have copied (with this post) some of the experts in this particular area and they may have comments about your particular situation.

cc: @chaplaincharlie @Guardguy11 @Provis

----
Ron
 
Last edited:

tellmeaboutit427

PEB Forum Regular Member
Registered Member
Hello @tellmeaboutit427 ,

Pursuant to 10 USC 1207a, a disability incurred prior to active duty will be treated as if it were incurred while the member was entitled to basic pay, for the purpose of considering whether incurred in the line of duty, as long as the member has at least 8 years of active service and was on active duty for more than 30 days when the fitness determination was made. The provisions of 10 USC 1206a modify application of 1207a to Reserve Component Soldiers called to active duty. If the Reserve Component Soldier is released by the 30thday of active duty due to identification of a pre-existing condition not aggravated within the 30 days, the Soldier will not have met the 30 day active duty requirement. The provisions of10 USC 1207a do not apply to Reserve Component Soldiers who are referred to the DES after they are released from active duty.

See the following for related information: DoD Disability Retired Pay <---LINK

I have copied (with this post) some of the experts in this particular area and they may have comments about your particular situation.

cc: @chaplaincharlie @Guardguy11 @Provis

----
Ron
Based on my NARSUM, my comments on the CIS, and medical history. I believe the IPEB will determine my condition to be unfitting based on the evidence provided. Treatment was recommended after separation / or retirement whichever. (MDD severe without psychotic features.)
 

chaplaincharlie

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The year rule is the 8 year rule. After 8 years of AD conditions can not be rules as existed prior to service. "MDD severe" should be rated well above 30%, if "severe" is how a professional MH provider rated of your symptoms.
 

tellmeaboutit427

PEB Forum Regular Member
Registered Member
The year rule is the 8 year rule. After 8 years of AD conditions can not be rules as existed prior to service. "MDD severe" should be rated well above 30%, if "severe" is how a professional MH provider rated of your symptoms.
My primary concern is the CIS my commander filled out. The commander indicated that I have been able to perform my duties, to which I rebutted on the bottom of the CIS contrarily, The MEB ruled that a PEB was necessary. Do you see this often? If so, in your experience, are members usually RTD?
 

chaplaincharlie

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Except the USN, services tend to lean heavily on medical evidence. For the other services statements from command are used more for cases that could go wither way. The USN weights command statements heavily.
 
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