I'm a current reservist and may get VA disability rating; I have questions.

frnorke

Member
Registered Member
I'm currently an Army reservist with 16 good years. I have filed for a VA disability rating because of various injuries accumulated over my career and combat deployments (1xIraq, 2xAfghanistan). If I receive a VA disability rating, here are my questions:
1. Do I need to report that to my command in the form of a Memorandum or Record or something?
1.a. Does the VA report my disability rating to the Army Reserves?
2. Will I be kicked out of the reserves if my disability rating is "high enough"?
3. Is there any regulation that provides for me to get medical retirement rather than getting kicked out (if that happens)?
4. Who initiates a Medical Evaluation Board against me (if someone does)?
5. Under what circumstances would I be considered for a DoD disability rating? Is it tied to a MEB or completely separate? Do you go through a MEB and then passed to a PEB or does someone have to initiate the PEB?

Thanks. THis is my first time on this forum and I appreciate your help.

V/r,
Charlie
 

Warrior644

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
I'm currently an Army reservist with 16 good years. I have filed for a VA disability rating because of various injuries accumulated over my career and combat deployments (1xIraq, 2xAfghanistan). If I receive a VA disability rating, here are my questions:
1. Do I need to report that to my command in the form of a Memorandum or Record or something?
1.a. Does the VA report my disability rating to the Army Reserves?
2. Will I be kicked out of the reserves if my disability rating is "high enough"?
3. Is there any regulation that provides for me to get medical retirement rather than getting kicked out (if that happens)?
4. Who initiates a Medical Evaluation Board against me (if someone does)?
5. Under what circumstances would I be considered for a DoD disability rating? Is it tied to a MEB or completely separate? Do you go through a MEB and then passed to a PEB or does someone have to initiate the PEB?

Thanks. THis is my first time on this forum and I appreciate your help.

V/r,
Charlie
Welcome to the PEB Forum! :)

First, I would suggest that you contact the Soldiers' Medical Evaluation Board Counsel (SMEBC) who is a very important advocate throughout the IDES, and they are specially trained in the DoD IDES MEB/PEB process.

The SMEBC's mission is to maximize your chances of attaining your goals while managing your expectations. Therefore, you should consult with your SMEBC upon:

· Referral into the IDES
· Receipt of your Medical Evaluation Board (MEB) findings
· Receipt of your Informal Physical Evaluation Board (IPEB) findings

Second, from my experiences, I shall offer the following responses to your specific questions:

Q1. Do I need to report that to my command in the form of a Memorandum or Record or something?
A1. I believe not.

Q1.a. Does the VA report my disability rating to the Army Reserves?
A1a. I believe not.

Q2. Will I be kicked out of the reserves if my disability rating is "high enough"?
A2. Reference the answer in Q3 below.

Q3. Is there any regulation that provides for me to get medical retirement rather than getting kicked out (if that happens)?
A3a. AR 635-40.
A3b. Once you are eligible for disability benefits, the severity of your condition will determine whether you receive disability retirement or are separated with severance pay.

· Military service members rated with a 0%, 10% or 20% disability who have less than 20 years of active service or 7,200 points of combined service, will be separated with severance pay
· Military service members rated at 30% or more, or who have 20 or more years of active military service or 7,200 points of combined service, receive disability retirement.

Moreover, disability retirement is either temporary or permanent depending on the stability of your medical condition. Disability retired and severance pay awarded to military service members who were not members of the Armed Forces on September 24, 1975, is considered taxable by the Internal Revenue Service. An exception exists for a military service member receiving separation or retired pay by reason of a combat-related injury. To that extent, the PEB will make combat-related determinations on all cases considered.

Q4. Who initiates a Medical Evaluation Board against me (if someone does)?
A4. Excerpts taken from AR 635-40 as follows:
2-8 Commander, medical treatment facility: The commander, MTF will—
a. Provide a thorough and prompt evaluation when a Soldier’s medical condition becomes questionable in respect to physical ability to perform duty.
b. Appoint a physical evaluation board liaison officer (PEBLO) to counsel Soldiers undergoing physical disability processing.
c. Ensure medical evaluation board (MEB) proceedings referred to the PEB are complete, accurate, and fully documented as outlined in AR 40–400, chapter 7, and chapter 4, of this regulation.

2–9. Unit commander: The unit commander will—
a. Become thoroughly familiar with the purpose of the Army PDES.
b. Ensure that any physical defects impacting on a Soldier’s performance of duty are reflected in the Soldier’s evaluation report.
c. Refer a Soldier to the servicing MTF for medical evaluation when the Soldier is believed to be unable to perform the duties of his or her office, grade, rank, or rating.
d. Upon request of the MTF commander, provide the information, statements, and records on Soldiers of their command being processed for physical disability evaluation.
e. Ensure timely compliance with AR 600–8–4 to prevent delay in the disability processing of Soldiers under their command.

Q5. Under what circumstances would I be considered for a DoD disability rating? Is it tied to a MEB or completely separate? Do you go through a MEB and then passed to a PEB or does someone have to initiate the PEB?
A5. Upon acceptance into the DoD IDES MEB/PEB process, during the MEB Phase is when all of your medical conditions are reviewed to determine which are "medically unacceptable" or "medically acceptable" conditions. A Narrative Summary (NARSUM) is dictated after receipt of the DoVA C&P Examination results which outlines in detail all medically unacceptable and medically acceptable conditions. If the MEB determines that a medically unacceptable condition, then the IDES case file is forward to the PEB for a fit or unfit determination. If the PEB determines any unfit medical conditions then IDES case file is forward to the DoVA D-RAS for ratings of all PEB referred unfitting conditions (i.e., DoD disability rating(s)) and all DoVA claimed conditions. Upon receipt of the DoVA proposed ratings, the DA Form 199 is generated. When the DA Form 199 is signed then it's forwarded to TRANSPOC for generation of retirement/separation orders from US military.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

yardbirdaa

PEB Forum Regular Member
PEB Forum Veteran
You should contact your finance office and let them know you are drawing VA disability pay. Under current laws, you cannot collect both. Since the VA is tax free, it makes sense to keep that money, and give up the army money.

If you don't notify them, then the VA will eventually hold pay back that equals your total days served.
 

frnorke

Member
Registered Member
I received a 80% Disability rating from VA. Still a drilling reservist but have PHA this week. I wonder what VA disability rating will mean to the PHA process. We shall see. Also this is my RYE anniversary month (May 2013). I'll have 16 "good" years.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
The PHA may trigger referral to a MEB if the physician who is perfoming it determines you have a medical condition that fall under AR 40-501 Chapter 3.

In my opinion it is going to come down the the physical interaction that takes place during the assesment. Most of the information they receive is voluntary and you can spin it in either direction if you so choose.
 

K6000

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
You should contact your finance office and let them know you are drawing VA disability pay. Under current laws, you cannot collect both. Since the VA is tax free, it makes sense to keep that money, and give up the army money.

If you don't notify them, then the VA will eventually hold pay back that equals your total days served.
I disagree. DFAS will sync with the VA and you ill receive a letter from the VA with the amount of days your performed reserves. You do not have to notify them. Trust me, they will know. I have gotten these up to two years after the fact. For instance, a letter for 2011 reserve days served received in 2013. You will have an option of either waiving your VA pay or your Army pay. It is almost always better to waive your VA pay even though it is tax free. Here is an example. You did the minimum of 48 days of drill for the Army (with no AT). Lets assume the person is 100% VA. They will recoup the money for the VA pay that they have already paid you for 48 days, so $2810/month comes to $4496/48 days. They then will notify you, for example, that for all of June and 18 days of July they will withhold VA payment. For this same 48 days, the Army has paid you (lets say over 16 at E-7) $4196/month which comes to $6652/48 days. As you can see, if you opt to pay back your Army pay, it is substantially more than paying back your VA pay in future months. My example used 100% VA so if you are 70% or less the difference between VA and Army amounts is even greater.

The letter they send you will have the amount of days that you performed reserves. Make sure to check it as they are wrong times. You can choose which one to waive on this form and then mail it back to the VA. If they do not here from you, they will hold your VA pay (the best option).
 

tngnco8

PEB Forum Regular Member
PEB Forum Veteran
I concur. Most of the time the duty days annotated on the VA form 21-8951 are incorrect. When you turn this form in to your unit for your commander's signature, have your UA or whoever does pay, run the ADARS TL history for that Fiscal Year and the RADARS AD report for you--I don't remember the name of the RADARS one. If you changed units within a fiscal year, your unit may not be able to obtain all of the days because most of the time they only have access to the UICs they are authorized to run pay for. You can contact your RSC, who should be noted on the "Pay Questions" poster that should be posted at every unit. They should be able to gather this information for you. This is the way to confirm the days of duty you actually performed. A MUTA 4 weekend = 4 days.
 

Jack

PEB Forum Regular Member
PEB Forum Veteran
1. Do I need to report that to my command in the form of a Memorandum or Record or something?
IDK which reg but it clearly states you must report any changes in your physical or mental condition. Now that being said just make sure you dont sign or check anything that ask if you are getting a VA rating. If noone asks I wouldnt offer it.
1.a. Does the VA report my disability rating to the Army Reserves? Definitely not
2. Will I be kicked out of the reserves if my disability rating is "high enough"? Not because of the rating. It is clearly about if you are doing your job in the military. If you can't perform satisfactory then that leads into your next q's which have been answered fairly. You need to go read regs and anything to do with your q/s. Easier to learn it that way than anyone just answering a few q's.
 

tngnco8

PEB Forum Regular Member
PEB Forum Veteran
Eventually, you will receive VA form 21-8951 in the mail--or at least the address the VA has on file for you. Make sure they have the latest address.
However, you can be proactive and after 30 September, you can pull up the form from VA site and complete it yourself. If you are not tracking each of your duty days on your own, contact your unit and have them pull up the TL histories of your IDT duty and AT duty and add them up. Have commander sign the form and you can turn it in to your VA RSO on your own. Make sure you keep copies. Normally within a couple months, you will not receive VA pay for the number of days you have on your VA form.
i.e If you have 63 duty days within a given fiscal year, they will withdraw 2 months and 3 days of future VA pay. That's how your VA off sets your army pay. As K6000 said above, it's almost always better to waive your VA pay at this stage in the game.

If the form is not returned within an undetermined amount of time, the VA will collect what ever they have as the number of days they input-whether it's right or wrong.

Jack's right. you won't get kicked out of Reserves because of your VA disability pay being too high. If you are unable to perform your military duties because of physical/mental limitations/restrictions, you would most likely have to go through the MEB/PEB process like most of us here are doing. It starts by have a 3 and/or 4 in your PULHES as a result of PHA, having temp profiles for a year (each temp profile is only good for 90 days at a time) and/or other medical documents sent to your RSC for Surgeon's office to review.
 

Dwatson

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I'm currently an Army reservist with 16 good years. I have filed for a VA disability rating because of various injuries accumulated over my career and combat deployments (1xIraq, 2xAfghanistan). If I receive a VA disability rating, here are my questions:
1. Do I need to report that to my command in the form of a Memorandum or Record or something?
1.a. Does the VA report my disability rating to the Army Reserves?
2. Will I be kicked out of the reserves if my disability rating is "high enough"?
3. Is there any regulation that provides for me to get medical retirement rather than getting kicked out (if that happens)?
4. Who initiates a Medical Evaluation Board against me (if someone does)?
5. Under what circumstances would I be considered for a DoD disability rating? Is it tied to a MEB or completely separate? Do you go through a MEB and then passed to a PEB or does someone have to initiate the PEB?

Thanks. THis is my first time on this forum and I appreciate your help.

V/r,
Charlie
Hi Charlie,

Ref question #3 - I'm a guard Soldier going through the IDES MEB/PEB process and this is my 15th "good" year. Recently, my leadership said if we are found medically unfit and the injuries are found not duty related, we can opt for a 15 yr med retirement and receive our guard/res retirement at 60yrs old like a normal 20yr retirement but I haven't seen anything official in writing. Also, either on this site or military.com, I saw something about guard/reserve Soldiers with 15 "good" yrs having a choice between the severance pay out (if we're found 0-20% DOD) and the 15yr med retirement mentioned earlier - again, haven't seen any official regs. Hope this helps. Good luck.

My Timeline:
Guard Soldier
Injured on active duty w/LODs - Feb 2010
Sent back to mday status because couldn't take fitness test (mthly drills w/in profile) - Oct 2010
Fit-for-duty exam & recommended for MEB - Oct 2011
Transferred to Guard Med Hold unit (no drills) - Aug 2012
C&P exams - Jan 2013
MEB - Feb 2013
Signed NARSUM - Mar 2013
PEB unfit memo sent for VA ratings - 12 Apr 2013
Waiting on ratings
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Here are the guidelines http://www.arng.army.mil/soldierresources/Documents/ARNG Information Guide for non-regular retirement 15 Apr 2009.pdf

b. 15 Year NOE

The RPAM Administrators may issue 15 Year NOEs to Soldiers who no longer meet the qualifications for membership in the Selected Reserve solely because they are unfit for physical disability, whose disability was not the result of their intentional misconduct, willful neglect, or willful failure to comply with standards for retention, was not incurred during a period of unauthorized absence, and who have served at least 15 years, but less than 20 years of qualifying years of service, and meet all other eligibility criteria. The 15 Year NOE is issued manually by the RPAM Administrator when competent medical authority (usually State Surgeon or a medical board) provides written notice of the disqualification, and only when separation (retirement and transfer, or discharge) orders are issued. RPAM Administrators provide the 15 Year NOEs and Reserve Component Survivor Benefit Plan (RC-SBP) counseling requirements to the Unit or a designated individual for presentation to each affected Soldier. Appendix B provides specific information and procedures pertaining to RC-SBP.
 

smacinnes40

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I got the same letter today saying i did 171 days. I have been on active duty title 10 for mobilization and medically retired while in active duty status
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top