Medical Retirement with less than 3 years AD

[bitovewhelmed]

Hello,

I have been reading these forums for years but am just now posting. So a "thank you" is overdue from me to all those who provide accurate info here.

I was recently upgraded from a Medical Separation to a Medical Retirement with DoD rating of 30% backdating to 2007. The ABCMR also found my disability to be due to combat.

My situation is a bit unique because, even though I was medically separated in 2007, I did not apply nor receive VA disability until 2019.

So, from what I read, for 2007 to 2019, since I did not receive any VA pay, I will receive retirement backpay at the rate of 30% * average of Highest 3 years basic pay.

However, I only have 2 years of active duty. I have 5 years total, including reserve time.

Will having less than 3 years active duty hurt me? Will they count one year as 0? Or will they just take my 2 years and average that?

Thank you in advance.

 

[Provis]

Hello,

I have been reading these forums for years but am just now posting. So a "thank you" is overdue from me to all those who provide accurate info here.

I was recently upgraded from a Medical Separation to a Medical Retirement with DoD rating of 30% backdating to 2007. The ABCMR also found my disability to be due to combat.

My situation is a bit unique because, even though I was medically separated in 2007, I did not apply nor receive VA disability until 2019.

So, from what I read, for 2007 to 2019, since I did not receive any VA pay, I will receive retirement backpay at the rate of 30% * average of Highest 3 years basic pay.

However, I only have 2 years of active duty. I have 5 years total, including reserve time.

Will having less than 3 years active duty hurt me? Will they count one year as 0? Or will they just take my 2 years and average that?

Thank you in advance.

What was your rank? How many points did you have on your 1405?

You should receive back pay from the time when you should have been medically retired up until the time you started receiving VA compensation. Once you received VA compensation there would be no additional pay since your VA compensation will be a larger amount than your retirement pay and by law the VA compensation will offset your retirement income.

Since the ABCMR determined that one or more of your unfitting conditions was combat related all of your back pay should be exempt from Federal Income taxes.

Once all of this has been finalized you should look into apply for CRSC. That could possible help you recoup the longevity pension amount that is offset by your VA compensation. Don't mistake this with your medical pension amount. By law you can only receive at most the the total amount between longevity pension earned and VA compensation. Since you only have about 3 years active duty time which equates to 7.5% of your HIGH 3 it won't be a large amount but still any entitlement that you are qualified to receive should be pursued.

 

[bitovewhelmed]

Thank you for the response.

I was an E-4. The basic pay for E-4 under 2 years service was ~$1550 back then (2007).

I have looked for retirement points but can't find them. I know I had all good years though, so in 5 years total service, I would have had at least 50 points for the reserve years (50*3) and ~2 years active duty (360*2) = 150 + 720 = ~870 retirement points.

I am definitely going to apply for CRSC after the retirement backpay gets sorted out. I think it will end up around $75-$100/month. I am going to put it in my retirement investment savings, which feels like a bit of justice.

My VA rating is 100% P&T for one condition...the same condition the one I was retired for...but the VA acknowledges it as PTSD and DoD labeled it "anxiety due to combat situations". I wonder if the different wording will effect my CRSC but I guess we will find out!

I am not in a rush. Still just a bit overwhelmed ...hard to believe that a piece of Army paperwork has made me emotional.

Thank you again.

 

[Provis]

Thank you for the response.

I was an E-4. The basic pay for E-4 under 2 years service was ~$1550 back then (2007).

I have looked for retirement points but can't find them. I know I had all good years though, so in 5 years total service, I would have had at least 50 points for the reserve years (50*3) and ~2 years active duty (360*2) = 150 + 720 = ~870 retirement points.

I am definitely going to apply for CRSC after the retirement backpay gets sorted out. I think it will end up around $75-$100/month. I am going to put it in my retirement investment savings, which feels like a bit of justice.

My VA rating is 100% P&T for one condition...the same condition the one I was retired for...but the VA acknowledges it as PTSD and DoD labeled it "anxiety due to combat situations". I wonder if the different wording will effect my CRSC but I guess we will find out!

I am not in a rush. Still just a bit overwhelmed ...hard to believe that a piece of Army paperwork has made me emotional.

Thank you again.

Okay. Then yeah CRSC if approved will be a small amount. You should apply for it anyway! Congratulations on getting justice!

It's going to take a while for everything to get processed on the backend. Also, you will need to look into healthcare costs. If you should have had tricare then you may be able to get reimbursed for any medical costs you had during the time you were supposed to be medically retired.