Medical Disqualification/Involuntary Separation

alm4purpose

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I've received medical disqualification email for non-duty related issue (3 in PULHES); however, have multiple duty related medical issues (2 in PULHES). Can someone tell me if the duty related medical issues play any part in the DES process as it relates to compensation or is the only thing that will be considered is the non-duty related issue?
 

RonG

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I've received medical disqualification email for non-duty related issue (3 in PULHES); however, have multiple duty related medical issues (2 in PULHES). Can someone tell me if the duty related medical issues play any part in the DES process as it relates to compensation or is the only thing that will be considered is the non-duty related issue?

Several moderators on this board have been through the IDES process and might choose to comment on your questions. Others might contribute as well.

From the VA: VA Disability Compensation is a tax free monetary benefit paid to Veterans with disabilities that are the result of a disease or injury incurred or aggravated during active military service. Compensation may also be paid for post-service disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses.
VA ratings address all referred and claimed service-connected conditions, while DoD ratings only address unfitting referred conditions. Therefore, unfitting conditions are the only conditions included in a DoD disability rating.
----


It is my understanding that the DoD determines whether a disability, a medical impairment condition, mental disease, or physical defect is severe enough to interfere with the Service member’s ability to adequately perform his or her duties. That determination could result in a disability retirement or disability separation under Chapter 61. "You will be returned to duty if your conditions are not considered severe enough to prevent you from performing your required military duties and/or don’t impose unreasonable requirements on your Service to manage your medical condition or to protect you from yourself or others. No disability benefits will be paid while you continue to serve, but you may be eligible for VA disability benefits after you leave the military. "

"Some injuries are determined to be “not in the line of duty.” These are injuries which are a result of intentional misconduct, willful negligence on your part, or took place when you were not on orders if you are an RC Service member. If your injury is found to be “not in the line of duty” but is “unfitting,” you could be separated without benefits for those injuries to include being separated administratively for disability that is the result of misconduct or willful negligence ."

Ron
cc: @chaplaincharlie @oddpedestrian @gsfowler
 

Guardguy11

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Are you active duty or reserves? As for the duty related issues, if you are going through the IDES, they will factor into your potential disability compensation. The VA will definitely use those for their calculations, but your service may say that those particular issues are not considered "UNFIT" for military service. If so, you may not qualify for a chapter 61 med retirement.

We would need more information to provide a better answer.
 

chaplaincharlie

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I've received medical disqualification email for non-duty related issue (3 in PULHES); however, have multiple duty related medical issues (2 in PULHES). Can someone tell me if the duty related medical issues play any part in the DES process as it relates to compensation or is the only thing that will be considered is the non-duty related issue?
What is your branch? Are you AD?
 

alm4purpose

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I just spoke to my attorney and she told me that the law prevents me from receiving both medical retirement pay and VA pay; doesn't seem fair.
 

Guardguy11

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Unless you are a Captain or above, your VA pay would be more than your military compensation. For your situation, unless you were on orders for the "unfitting" condition, you will not be entitled to a severance package. Unless you get 20 years of service, you are also not entitled to concurrent disability and retirement pay.

Good luck on your next season of life.
 

chaplaincharlie

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May I suggest that you do a fine tooth review of your medical records from your AD time and file a claim for everything. It may be helpful to look through the VA's DBQs. There are some things you can claim that I would have never thought of on my own.

 

RonG

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Unfortunately that is the law.
Ref:
alm4purpose said:
"I just spoke to my attorney and she told me that the law prevents me from receiving both medical retirement pay and VA pay; doesn't seem fair."

Chaplaincharlie is correct.

From DFAS:

Many military retirees who are eligible for DoD retired pay are also eligible for VA disability pay. The laws and regulations that apply when a retiree is eligible for both types of pay are complex and can be confusing, so we created a new webpage that explains the basics of the VA waiver, and the relationship between VA disability pay, retired pay, Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC).

The law requires that a military retiree waive a portion of their gross DoD retired pay, dollar for dollar, by the amount of their Department of Veterans Affairs (VA) disability compensation pay; this is known as the VA waiver (or VA offset). The new webpage provides an overview of how the VA waiver works. It also summarizes the two programs created by Congress to allow eligible military retirees to recover some or all of the retired pay that retirees waive for VA disability pay: CRDP and CRSC.

In addition, the webpage also explains the impact on retired pay, CRDP and CRSC when a VA disability rating changes, as well as how retroactive disability rating changes might result in a retired pay or CRDP/CRSC Processing (CCP) debt.

We hope this webpage will help retirees better understand how these programs interact.

The webpage is under the “Disability Entitlements” section of the Retired Military & Annuitants area of the DFAS.mil website at:

https://go.usa.gov/xEMry <----LINK

——
Ron
 

Jmc81

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What about if your title 32 technician medically retired receiving the 60/40 fers retirement and VA compensation. Will VA request a portion of fers be forfeited?
 

Josh C

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Technician 60/40 is completely separate from your VA and DOD retirement. You can get your full VA and your Full Technician retirement.
 

Jmc81

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Technician 60/40 is completely separate from your VA and DOD retirement. You can get your full VA and your Full Technician retirement.
So is the DoD retirement for AGR or active duty on top of VA benifets? How many separate pensions is there? Medical told me if found unfit I'd have enough time in to get military retirement at 60. It seems confusing to me lol
 

Josh C

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Yes its really confusing and really depends on your particular situation

Normally if you have over 15 years the guard can retire you through TERA.

There are certain situations where you could collect all three. If you end up over 50% you could collect, DOD retirement through CDRP or collect DOD through CRSC and your VA and your technician pay through the 60/40.
 

Jmc81

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So there's a chance if its
Yes its really confusing and really depends on your particular situation

Normally if you have over 15 years the guard can retire you through TERA.

There are certain situations where you could collect all three. If you end up over 50% you could collect, DOD retirement through CDRP or collect DOD through CRSC and your VA and your technician pay through the 60/40.
So there is a chance if its LOD over 50 percent a technician with over 15 years guard mil time could get va, fers, and DoD. Would the DoD be the military retirement? Maybe that's one of the reasons why gov are phasing out title32 duel status.
 

Josh C

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You just have to think of them all separate but certain situations can end up getting all 3.

If you're DOD rating is over 30% you are entitled to a military title 61 retirement. If you don't qualify for CRSC or CDRP you're VA and DOD retirement offsets.

As long as you have at least 18 months as a technician and can no longer be in the military for a medical reason you should qualify for chapter 32 technician retirement under the 60/40 under public law requirement.

The technician program has alot of issues, as soon as the started requiring technicians not in a military status to wear a uniform it really started to go down hill.
 
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