MEB after 20 years of service. DoD disabilities, VA disabilities, pension, and retirement Q

T

txcoastiefam

PEB Forum Regular Member
Registered Member
Hi Y'all. I am a wife of Coast Guard active duty. So please forgive my ignorance. I have looked at the manuals but I have a few questions.

My husband had a permanent medical exemption for COVID vaccine. After 6 months, the 2 captains in the HQ removed the permanent exemption status (they removed all permanent medical exemption). The flight doc was pretty upset, and she was fighting for it. But they told her to send my husband to MEB for unrelated reason from the exemption.

1. She told him that whenever he wants to retire after 20 years (he has 6 months to go), he can say he doesn't want to be in MEB and just want to retire. Is this true?
2. If he has a choice, what would be the benefit of staying with MEB?
3. If he stay with MEB, assuming his 20 years in service has passed, he will still need to go through the regular VA process for VA disability benefit, correct?
4. Will VA calculate the disability rating for the same medical issues dealt with in MEB? If so, do they use the MEB's rating instead of doing their own?
5. If he stay with MEB, assuming his 20 years in service has passed, and assuming his disabilities is over 50%, he will get pension as well. And whatever the amount awarded by DoD will be subtracted from the pension and become tax free payment, correct?
6. If he has a choice and retires at some point after 20 years, he will get pension, and VA benefit.

Thank you
 
txcoastiefam said:
Hi Y'all. I am a wife of Coast Guard active duty. So please forgive my ignorance. I have looked at the manuals but I have a few questions.

My husband had a permanent medical exemption for COVID vaccine. After 6 months, the 2 captains in the HQ removed the permanent exemption status (they removed all permanent medical exemption). The flight doc was pretty upset, and she was fighting for it. But they told her to send my husband to MEB for unrelated reason from the exemption.

1. She told him that whenever he wants to retire after 20 years (he has 6 months to go), he can say he doesn't want to be in MEB and just want to retire. Is this true?
2. If he has a choice, what would be the benefit of staying with MEB?
3. If he stay with MEB, assuming his 20 years in service has passed, he will still need to go through the regular VA process for VA disability benefit, correct?
4. Will VA calculate the disability rating for the same medical issues dealt with in MEB? If so, do they use the MEB's rating instead of doing their own?
5. If he stay with MEB, assuming his 20 years in service has passed, and assuming his disabilities is over 50%, he will get pension as well. And whatever the amount awarded by DoD will be subtracted from the pension and become tax free payment, correct?
6. If he has a choice and retires at some point after 20 years, he will get pension, and VA benefit.

Thank you
Click to expand...



There is no harm to him if he goes out either way with regard to VA compensation and care. He may have options with regard to actual retirement as there are some federal court decisions pending.

As of July, There is a federal stay or temporary restraining order for discharge for AF and Space Force members. There is also a thought that federal court in Georgia will stop the vaccine mandate nationwide through another class-action preliminary injunction.
"The authorization bill, finalized by Congress on Wednesday, mandates that “any discharge of a servicemember on the sole basis that the member failed to obey a lawful order to receive a vaccine for COVID-19 shall be an honorable discharge, or a general discharge under honorable conditions.” NDAA​
​
Federal judge temporarily halts Air Force’s COVID-19 vaccine mandate
 
I forgot to mentioned, he did get Novavax few weeks ago. So the vaccine thing is not a problem anymore. BTW, none of the court ruling for military branches regarding covid vaccine do not apply to Coast Guard. After that particular ruling came out, the new Coast Guard Admiral ordered non-vaccinated people with denied / cancelled medical and religious exemption to comply within 30 days or they will be kicked out by end of Oct.
 
txcoastiefam said:
I forgot to mentioned, he did get Novavax few weeks ago. So the vaccine thing is not a problem anymore. BTW, none of the court ruling for military branches regarding covid vaccine do not apply to Coast Guard. After that particular ruling came out, the new Coast Guard Admiral ordered non-vaccinated people with denied / cancelled medical and religious exemption to comply within 30 days or they will be kicked out by end of Oct.
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I mentioned Federal court as I imagine it will apply to all services to include coast guard once they make a ruling.

If he did get the Novavax it is a legitimate authorized CDC COVID vaccine (Approved Vaccines). The CG just may not have updated that as the services are kind of myopic and like to see the Pfizer-BioNTech COVID-19 Vaccine. So, there is a legit argument there for him to make.
 
The armed forces cannot make unvaccinated service members take the Novavax vaccine because it is currently under emergency use authorization, and federal laws prohibit the military from forcing an EUA vaccine on personnel unless the president signs a waiver.

Just because they cannot make them get it...doesn't mean he hasn't satisfied the order. The CDC approved it so he should be good BUT he will need the second dose to make them happy.

https://news.usni.org/2022/08/02/navy-ready-to-distribute-novavax-covid-19-vaccine
 
He is in compliance as far as the vaccine goes. He had a permanent exemption for vaccine for some health issue. But the doc put him on med board for his feet. So he is still in med board. Hence the questions I asked
 
txcoastiefam said:
He is in compliance as far as the vaccine goes. He had a permanent exemption for vaccine for some health issue. But the doc put him on med board for his feet. So he is still in med board. Hence the questions I asked
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Sorry...clearly I focused on that first part of the COVID vaccine kick out due to the end of Oct kick out.

1. She told him that whenever he wants to retire after 20 years (he has 6 months to go), he can say he doesn't want to be in MEB and just want to retire. Is this true?
YES ish. They can choose to MEB him at any time. The process is not efficient and he will definitely be able to make 20 with delays/appeals or heck...just leave.

2. If he has a choice, what would be the benefit of staying with MEB? The MEB is a long process for some so he could get more time in service during the process,
3. If he stay with MEB, assuming his 20 years in service has passed, he will still need to go through the regular VA process for VA disability benefit, correct? Ish. The services are required to do a SHPE physical within 180 days of discharge...and that doesn't always happen. BUT the VA will expedite his claim either way as he is a recent AD discharge.

4. Will VA calculate the disability rating for the same medical issues dealt with in MEB? If so, do they use the MEB's rating instead of doing their own? VA C&P exams are good for one year and that rating can be used if he decides to punch out prior to the completion of the MEB.

5. If he stay with MEB, assuming his 20 years in service has passed, and assuming his disabilities is over 50%, he will get pension as well. And whatever the amount awarded by DoD will be subtracted from the pension and become tax free payment, correct? Over 20 and he will get his CG pension as well as VA if over 50% "concurrent receipt".
6. If he has a choice and retires at some point after 20 years, he will get pension, and VA benefit. As stated above...he will be entitled to both.
 
Thank you for your detailed reply. No worries about the COVId vaccine stuff. We are glad that’s over.

For Q5, CG pension plus DoD, plus regular VA benefit?
 
Here is some general information that might answer some of your questions.

It was created with DFAS in mind, but would apply to the USCG as well.

•••
DFAS Retired Pay and VA Compensation for Chapter 61 Retirees with Less than 20 Years Active Duty

Each Chapter 61 disability retiree will receive two separate ratings.
--DoD rating for only those disabilities that make the member unfit for continued service. The DFAS and USCG pays military retired pay.
--VA rating for ALL service-connected disabilities. The VA pays VA compensation.

The retiree has an option to select VA compensation and waive retired pay in an amount equal to the amount of VA compensation. I have never seen one case where it was better to decline VA compensation, irrespective of the VA percentage being 10%, 20%, or 100% (using only a few examples). If the amount of VA compensation is less than the amount of the DoD retired pay, the retiree gets to keep the amount in excess of the VA compensation amount (known as residual retired pay) paid by DFAS or USCG, in addition to their VA compensation.

In no case is the amount of VA compensation reduced, in the context of this discussion, unless the retiree refuses to accept VA compensation.

The myth that the retiree receives the higher of VA compensation or DoD Retired Pay, is misleading since there is the possibility of residual retired pay. See the comment above pertaining to residual retired pay.

Here is one example of the computation of retired pay and VA compensation.

1. Using your info, your retired pay will be average high three base pay multiplied by 70% = DoD retired pay
2. Using your info, your VA compensation (100%) will be an amount in excess of $3000.
3. Your retired pay will be reduced dollar for dollar in the amount of VA compensation received.
4. If any retired pay is left over (i.e., residual retired pay), you get to keep it. You also are paid your VA compensation.
5. Most retirees having a similar situation end up with just the VA compensation as there is zero residual retired pay.
6. If eligible for CRSC and your application is approved by your service, some or all of the retired pay reduced/waived, can be replaced by CRSC.

Note: The example percentage at item 1 would be the DoD disability percentage. However, if the longevity multiplier was higher, it would be used instead.

Average High Three Base Pay: The total of the highest 36 months base pay divided by 36.
Multiplier Percentage: can be either. whichever is higher:
  • Member’s percentage of disability determined by the military service (this is the DoD Disability Percentage). Example: 70%
  • Years of creditable service times 2.5% or 2.0% (2.0% is for previous enrollment in the Blended Retirement System prior to the disability) Example: 12 years active duty x 2.5% = 30% longevity multiplier
Disability Retired Pay:

Average high three base pay x the higher multiplier =
Retired Pay


Note 2: that in both cases the multiplier is limited to 75% by law

This discussion does not include CRDP for which some retirees qualify.
===============

Ron
 
RonG said:
Here is some general information that might answer some of your questions.

It was created with DFAS in mind, but would apply to the USCG as well.

•••
DFAS Retired Pay and VA Compensation for Chapter 61 Retirees with Less than 20 Years Active Duty

Each Chapter 61 disability retiree will receive two separate ratings.
--DoD rating for only those disabilities that make the member unfit for continued service. The DFAS and USCG pays military retired pay.
--VA rating for ALL service-connected disabilities. The VA pays VA compensation.

The retiree has an option to select VA compensation and waive retired pay in an amount equal to the amount of VA compensation. I have never seen one case where it was better to decline VA compensation, irrespective of the VA percentage being 10%, 20%, or 100% (using only a few examples). If the amount of VA compensation is less than the amount of the DoD retired pay, the retiree gets to keep the amount in excess of the VA compensation amount (known as residual retired pay) paid by DFAS or USCG, in addition to their VA compensation.

In no case is the amount of VA compensation reduced, in the context of this discussion, unless the retiree refuses to accept VA compensation.

The myth that the retiree receives the higher of VA compensation or DoD Retired Pay, is misleading since there is the possibility of residual retired pay. See the comment above pertaining to residual retired pay.

Here is one example of the computation of retired pay and VA compensation.

1. Using your info, your retired pay will be average high three base pay multiplied by 70% = DoD retired pay
2. Using your info, your VA compensation (100%) will be an amount in excess of $3000.
3. Your retired pay will be reduced dollar for dollar in the amount of VA compensation received.
4. If any retired pay is left over (i.e., residual retired pay), you get to keep it. You also are paid your VA compensation.
5. Most retirees having a similar situation end up with just the VA compensation as there is zero residual retired pay.
6. If eligible for CRSC and your application is approved by your service, some or all of the retired pay reduced/waived, can be replaced by CRSC.

Note: The example percentage at item 1 would be the DoD disability percentage. However, if the longevity multiplier was higher, it would be used instead.

Average High Three Base Pay: The total of the highest 36 months base pay divided by 36.
Multiplier Percentage: can be either. whichever is higher:
  • Member’s percentage of disability determined by the military service (this is the DoD Disability Percentage). Example: 70%
  • Years of creditable service times 2.5% or 2.0% (2.0% is for previous enrollment in the Blended Retirement System prior to the disability) Example: 12 years active duty x 2.5% = 30% longevity multiplier
Disability Retired Pay:

Average high three base pay x the higher multiplier =
Retired Pay


Note 2: that in both cases the multiplier is limited to 75% by law

This discussion does not include CRDP for which some retirees qualify.
===============

Ron
Click to expand...
So financially, it is pretty much the same either he go through MEB or retire and get CG pension and VA compensation. But with MEB, part or all of the pension could become tax free, and he get to stay in longer until MEB complete or whenever he decides to retire. Am I correct?

I forgot to mention one more thing. When he had the permanent medical exemption for vaccine, he already had his retirement as of May 31, 2023 approved. So how does this come in play?
 
1. May 2023; I do not know; many others on this board like @Provis and @chaplaincharlie can probably help.

2. If he is medically retired, then part of his pay could be tax exempt.

3. Please note that as a disability retiree his retirement pay is reduced by the amount of the VA comp.

4. Also, you mentioned 20 years, is that reserve time for 20 good years OR 20 years actI’ve duty ?
 
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RonG said:
1. May 2023; I do not know; many others on this board like @Provis and @chaplaincharlie can probably help.

2. If he is medically retired, then part of his pay could be tax exempt.

3. Please note that as a disability retiree his retirement pay is reduced by the amount of the VA comp.

4. Also, you mentioned 20 years, is that reserve time for 20 good years OR 20 years actI’ve duty ?
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It’s 20 years active duty.

So as far as the Total monthly income after military won’t have too much difference between MEB or straight retire. Am I correct ?
 
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txcoastiefam said:
It’s 20 years active duty.

So as far as the Total monthly income after military won’t have too much difference between MEB or straight retire. Am I correct ?
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I guess what I am getting at is if someone has been active duty for, say, 8 years, it is a big deal to complete the MEB and get some DoD compensation because they are not entitle it due to the length of time served. But if someone already served 20 years and is entitle to pension, then what would be the reason to complete MEB? I can see that not-fit-to-work rating can be challenged and get higher which probably help VA benefit.
 
I can speak to completion of 20 years active duty (with VA 50% or more).

—they qualify for CRDP — concurrent receipt of longevity retired pay and VA compensation.

—They qualify for TRICARE regardless of Va rating.

Ron

@Provis @chaplaincharlie
 
txcoastiefam said:
It’s 20 years active duty.

So as far as the Total monthly income after military won’t have too much difference between MEB or straight retire. Am I correct ?
Click to expand...
There isn't a difference. A high DOD% means he would get that same rating for the VA and get CRDP (His regular pension + his VA disability. A MEB is stressful and there isn't much of anything to gain unless your unfitting conditions were combat related so that your pension through a medical retirement is exempt from federal taxes. I would tell him to retire and save the stress especially in this situation where its unlikely to benefit him.
 
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