Less than 15 years

poohbear331

PEB Forum Veteran
Registered Member
#4
If it's the army NG- they are suppose to follow AR40-501- standards of medical fitness. It's not so much can you do your job- that is a part of it, but can you do the soldier tasks and drills? (if you look at the army long profile there are I think 8 of them. if any are checked it should be referred). there are things like 3-5 second rushes, ride in a military vehicle, live in an asture enviro. I believe wear ACH and/or IBA are also on there.
 

poohbear331

PEB Forum Veteran
Registered Member
#6
are you asking if a soldier who has a current VA rating (30% or higher) that is currently in the NG can be retired? - No
soldier has to go thru the MEB process to be retired.
 

HulkSmashLvl99

Registered Member
#7
are you asking if a soldier who has a current VA rating (30% or higher) that is currently in the NG can be retired? - No
soldier has to go thru the MEB process to be retired.


The soldier left active duty, now has a VA rating 70%. The question is if the soldier begins the MEB process and is separated, will it result in a retirement or is it the same as an admin sep?
 

poohbear331

PEB Forum Veteran
Registered Member
#8
if they were in the MEB process they should not have been separated until the process is complete. were they notified that the MEB started, contacted by a PEBLO and had C&P exams? if so that unit was wrong

I know this as this happened to a friend that is almost complete with MEB. they are NG and unit tried to admin sep but was stopped when it came back that they had an LOD for an injury (at least they did the right thing)
 

HulkSmashLvl99

Registered Member
#9
if they were in the MEB process they should not have been separated until the process is complete. were they notified that the MEB started, contacted by a PEBLO and had C&P exams? if so that unit was wrong

I know this as this happened to a friend that is almost complete with MEB. they are NG and unit tried to admin sep but was stopped when it came back that they had an LOD for an injury (at least they did the right thing)

Well, no, but that's interesting. Let me try to clarify and maybe make more sense:

-8 Years Active Marines, honorable discharge. DD214.

-Joined National Guard as M-Day soldier in Jun, 2016.

-Assigned VA rating 70% in Nov, 2016. Receiving VA Disability Benefits except when drilling.

-Issues with Anxietal Depression disrupt training, command prompts for Medical Separation, Jun, 2018.

Soldier can choose admin-sep now, or stay on for MEB. Would MEB separation be any different or yield any DOD compensation or benefits? VA Benefits not in question.
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#10
The most common benefit of retirement is TriCare insurance.
Sometimes medical retirement under 20 YOS generates more money than VA pay, but it depends on YOS and high three pay.
 
#11
The most common benefit of retirement is TriCare insurance.
Sometimes medical retirement under 20 YOS generates more money than VA pay, but it depends on YOS and high three pay.
Thanks, Sir! In my research, I found that any allocation of severance pay simultaneous to va disability payments results in repayment (debt) to the VA, just like when I go to IDT.

Is this true of severance pay? Are you also stating that DoD high 3 pay (pension) and VA Disability cannot be paid simultaneously but rather the veteran receives only the higher of the two?
 

RonG

PEB Forum Veteran
Registered Member
#12
Thanks, Sir! In my research, I found that any allocation of severance pay simultaneous to va disability payments results in repayment (debt) to the VA, just like when I go to IDT.

Is this true of severance pay? Are you also stating that DoD high 3 pay (pension) and VA Disability cannot be paid simultaneously but rather the veteran receives only the higher of the two?
1. Severance Pay: VA Disability Compensation Recoupment. ... Disability Separation Pay: The VA is required by law to withhold disability compensation payments for service members who received a disability severance payment when they separated from the military (Chapter 61), if the VA disability compensation is for the same disability.

2. "Only the higher of the two": In my opinion, that is a mischaracterization of the process or result.
--CH 61 retirees who choose to receive VA compensation must waive their retired pay dollar for dollar in the amount of VA compensation received. Occasionally, there is residual retired pay remaining and the retiree gets to keep it.
--Those eligible for CRSC might receive a replacement for some or all of the waived retired pay, but any residual retired pay will reduce that amount.
--If a CH 61 retiree declines to accept VA compensation in lieu of retired pay, then no VA comp is paid and the retiree's DoD pay is paid with deductions for taxes, etc. Frankly, I cannot understand why a person would make that choice in view of what I said in the first bullet.
--CH 61 retirees who qualify for another type retirement at the time of the CH 61 retirement might qualify for CRDP which is another matter. CRDP restores waived retired pay for those with ratings 50% or more by the VA. It cannot exceed the dollar amount of the longevity portion of the retired pay.

Ron
 
#13
1. Severance Pay: VA Disability Compensation Recoupment. ... Disability Separation Pay: The VA is required by law to withhold disability compensation payments for service members who received a disability severance payment when they separated from the military (Chapter 61), if the VA disability compensation is for the same disability.

2. "Only the higher of the two": In my opinion, that is a mischaracterization of the process or result.
--CH 61 retirees who choose to receive VA compensation must waive their retired pay dollar for dollar in the amount of VA compensation received. Occasionally, there is residual retired pay remaining and the retiree gets to keep it.
--Those eligible for CRSC might receive a replacement for some or all of the waived retired pay, but any residual retired pay will reduce that amount.
--If a CH 61 retiree declines to accept VA compensation in lieu of retired pay, then no VA comp is paid and the retiree's DoD pay is paid with deductions for taxes, etc. Frankly, I cannot understand why a person would make that choice in view of what I said in the first bullet.
--CH 61 retirees who qualify for another type retirement at the time of the CH 61 retirement might qualify for CRDP which is another matter. CRDP restores waived retired pay for those with ratings 50% or more by the VA. It cannot exceed the dollar amount of the longevity portion of the retired pay.

Ron
Thank you, Ron!

That is all super helpful and clarifying. More specifically, though, assuming no CRSC or simulated war applies, does a service member with between 8-15 years separated by MEB process rate a DoD pension? Can that veteran get both entire pension and entire VA Disability comp?
 

RonG

PEB Forum Veteran
Registered Member
#14
Thank you, Ron!

That is all super helpful and clarifying. More specifically, though, assuming no CRSC or simulated war applies, does a service member with between 8-15 years separated by MEB process rate a DoD pension? Can that veteran get both entire pension and entire VA Disability comp?
Hello,

The retired pay one receives from DFAS or the USCG is not a pension; it is retired pay (and called that by all elements of the DoD); however, that does not change the essence of your question.

1. CH 61 retirees who are rated by the DoD @ 30% or more receive retired pay. Members with less than 30% are not retired; they are separated and there is no retired pay.

2. The retirees who receive retired pay as mentioned in item one waive retired pay dollar for dollar in the amount of VA compensation received. They can keep unwaived/residual retired pay. The only methods by which they can quality for replacement or restoration of waived retired pay is through CRDP or CRSC.

3. You can read about CRDP and CRSC at https://www.dfas.mil/dfas/retiredmilitary/disability/payment.html

4. My answer to what I think you are asking is "No." (Can that veteran get both entire pension and entire VA Disability comp?) The only avenue to do that is through CRDP or CRSC. A more technical answer would be, "Yes, when CRSC or CRDP is involved."

Ron
 

RonG

PEB Forum Veteran
Registered Member
#16
I agree. Good note about TERA; it is often overlooked.

Posted earlier: "CH 61 retirees who qualify for another type retirement at the time of the CH 61 retirement might qualify for CRDP which is another matter. CRDP restores waived retired pay for those with ratings 50% or more by the VA. It cannot exceed the dollar amount of the longevity portion of the retired pay."

and

"You can read about CRDP and CRSC at https://www.dfas.mil/dfas/retiredmilitary/disability/payment.html "

Ron
 
#18
Why the hypotheticals? Just state what you are facing and we can give you an accurate response.
Why the hypotheticals? Just state what you are facing and we can give you an accurate response.
Thank you! I had provided the details on another thread but posted this again to be more direct. Here is the situation:

•8 years Active Marines, Honorable Discharge
•Joined Army National Guard (M-Day)
•Assessed for Active Duty Service-Connected (from Marines) VA disability benefits at 70%, 50 of which is mental health
•After about 2 years, symptoms exacerbated by drill, Commander requests a PEB


If I wait for the board to complete, would I be considered medically retired after 8+ but not 15 total years of service, or should I take admin sep to avoid the hassle?

Can I request to be on Inactive Status for the duration of the Board?
 

gsfowler

Staff Member
PEB Forum Veteran
#19
As long as you have 30% or greater rating for the condition that your are referred for by the Army NG, then you will be medically retired does not matter how many tears you have served.

If your Commander requested a MEB, then he must have a line of duty determination that shows the condition occurred while you were entitled to pay.

You can request to be excused form battle assembly, however they will probably want to you to be there since they are judged on the numbers. I'd just show up for formation to help the commander out, then do nothing for the entire BA.

I would not take an admin sep under any circumstance since we may be getting concurrent pay in the future for chapter 61 retirements.
 
#20
As long as you have 30% or greater rating for the condition that your are referred for by the Army NG, then you will be medically retired does not matter how many tears you have served.

If your Commander requested a MEB, then he must have a line of duty determination that shows the condition occurred while you were entitled to pay.

You can request to be excused form battle assembly, however they will probably want to you to be there since they are judged on the numbers. I'd just show up for formation to help the commander out, then do nothing for the entire BA.

I would not take an admin sep under any circumstance since we may be getting concurrent pay in the future for chapter 61 retirements.
Thank you!! Say, Fowler sounds familiar. Are you a Marine and if so you remember a Sgt Bishop, super swoll gym-rat Ammo Guy?
 
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