Vetinneed,
I am an ARNG Tech, I too kept quiet for years about my conditions even though I probably could have been collecting
VA comp all that time.. Didn't want to loose my job. Thank god I had medical documentation to back up my delayed claims.
I was on the other side of the coin, the PEB ruled my condition EPTS but Permanently aggravated by Service and gave me 30% for it since the VA had service connected it. It is easier to get a VA service connection then an approved LOD in most cases. But anything is possible as Daniel stated, the VA can deny something that has an LOD if the C&P examiner opines that it is not service connected. I filled out my SF3107 and SF3112 yesterday and sent it back for a good review by HRO. Also sent in other necessary Medical Documents and Marriage Certificate, have to go and have my wife sign the Spouse Consent form as I am not going to take the SBP on the Tech side, too expensive and not enough pay out. I was also told by the HRO Tech that I could apply for unemployment when I get my tech separation date, at this point they expect I should be done Technician by end of August or Beginning of September. Daniel, were you able to file for Unemployment? Not thinking it's for full benefit. I am sure the Technician will offset it some how.
Will try to keep this updated as I go.
Hi Jef,
So let me just make sure I'm clear on the process in a nutshell. Please correct me if I am wrong:
- The PEB eventually ruled that your condition was either service connected or in line of duty. So you are covered by the military for entitlement to either severance pay or retired pay based on being unfit
- The VA rated this unfit condition(s) at 30%.
- Therefore the Army has to accept the 30% and allow you to retire for this unfit condition, and you will draw retirement of 30% of base pay (assuming your percent of disability is greater than you retirement based on years of service)
- While the military side is processing your retirement the Civil Service (State HRO) side needs to submit paperwork to both the Social Security Administration and OPM to start your Civil Service Disability Retirement (60/40). Both organizations will deny you initially.
- Then State HRO will re-file your Civil Service Disability Retirement to OPM, but this time based on Public Law. It should be approved.
- Shortly you will be retired from the Army for disability and receive immediate (regardless of your age) retired pay based on 30% of your high 3 basic pay. This will be offset by the 30% you receive as disability compensation from the VA. And within a couple of months from your military retirement, you should be retired from civil service for public law disability and immediately begin receiving your 60/40.
- You may also then file for unemployment? Maybe you get it. Maybe you don't.
Am I right?