Can a National Guard soldier with less than 15 years of service (30%+ va rating) be medically retired?
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.
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)
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?
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
Hello,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?
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.
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.