Retirement is due to a disability incurred in the line of duty in a combat zone or as the result of performing combat related operations.

S

Serving2heal

PEB Forum Regular Member
Registered Member
Rated 90% DoD and 100% VA with over 21 years of AD.

After the IMR, the date of onset for one of the referred conditions was updated for the period we were under fire. I'm not sure if the PEB just overlooked the recommendation or decided not to accept the recommendation. It seems the DA 199 was just heavily copied and pasted from the original MEB findings. The DA 199 Section III states the condition was "aggravated" which clearly is incorrect according to the medical records and the IMR. There is a significant difference between initiated and aggravated.

DA 199 Section VI states:
The Soldier's disability retirement is due to a disability incurred in the line of duty in a combat zone or as the result of performing combat related operations.

Does this mean the DoD portion will still be taxed?

DA 199 Section states:
1. The disability disposition is not based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct
result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, and 6303).
3. The disability did not result from a combat-related injury under the provisions of 26 USC 104 or 10 USC 10216.
 
Serving2heal said:
Rated 90% DoD and 100% VA with over 21 years of AD.

After the IMR, the date of onset for one of the referred conditions was updated for the period we were under fire. I'm not sure if the PEB just overlooked the recommendation or decided not to accept the recommendation. It seems the DA 199 was just heavily copied and pasted from the original MEB findings. The DA 199 Section III states the condition was "aggravated" which clearly is incorrect according to the medical records and the IMR. There is a significant difference between initiated and aggravated.

DA 199 Section VI states:
The Soldier's disability retirement is due to a disability incurred in the line of duty in a combat zone or as the result of performing combat related operations.

Does this mean the DoD portion will still be taxed?

DA 199 Section states:
1. The disability disposition is not based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct
result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, and 6303).
3. The disability did not result from a combat-related injury under the provisions of 26 USC 104 or 10 USC 10216.
Click to expand...
Ask your assigned IDES counsel. You can appeal with FPEB to get it changed. Your assigned IDES attorney can submit a written submission in advance of the FPEB and they may see it and change it with out actually needed to attend a FPEB.
 
Serving2heal said:
Rated 90% DoD and 100% VA with over 21 years of AD.

After the IMR, the date of onset for one of the referred conditions was updated for the period we were under fire. I'm not sure if the PEB just overlooked the recommendation or decided not to accept the recommendation. It seems the DA 199 was just heavily copied and pasted from the original MEB findings. The DA 199 Section III states the condition was "aggravated" which clearly is incorrect according to the medical records and the IMR. There is a significant difference between initiated and aggravated.

DA 199 Section VI states:
The Soldier's disability retirement is due to a disability incurred in the line of duty in a combat zone or as the result of performing combat related operations.

Does this mean the DoD portion will still be taxed?

DA 199 Section states:
1. The disability disposition is not based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct
result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, and 6303).
3. The disability did not result from a combat-related injury under the provisions of 26 USC 104 or 10 USC 10216.
Click to expand...
That entry in Section VI pertains to whether or not the VA would recoup your severance pay, if your disposition is 0-20%.

The last two pertain to whether or not it would be taxable, in this case, yes, it would be. However, it does NOT affect findings for CRSC as the laws for CRSC are written different from the PEB/VA.

As @Provis stated, talk to your IDES counsel, give examples as to why you "non-concur". You do not need to file for a VARR as I am going to presume you are happy with your ratings, just not the combat-related piece of it.
 
So similar question to OP. Let's say I was 90% DoD (everything in the 199 says combat related) and 100% VA. Does that mean DoD payment is not taxable? I think what confuses me is that with over 20 years of AD, I'm eligible for CRDP which is taxable?
 
AnotherArmyGuy said:
So similar question to OP. Let's say I was 90% DoD (everything in the 199 says combat related) and 100% VA. Does that mean DoD payment is not taxable? I think what confuses me is that with over 20 years of AD, I'm eligible for CRDP which is taxable?
Click to expand...
CRDP is not taxable.
 
I’m wrong from dfas:

Concurrent Retirement Disability Payments (CRDP): CRDP is a restoration of your retired pay, not a separate entitlement. Therefore, if your retired pay is taxable so is any CRDP payments you receive. If your retired pay is non-taxable, your CRDP is also non-taxable.
 
JMATTK said:
I’m wrong from dfas:

Concurrent Retirement Disability Payments (CRDP): CRDP is a restoration of your retired pay, not a separate entitlement. Therefore, if your retired pay is taxable so is any CRDP payments you receive. If your retired pay is non-taxable, your CRDP is also non-taxable.
Click to expand...
I was going to say that. Going back to your question @AnotherArmyGuy CRDP would be non-taxable therefore no need to file for CRSC
 
Thanks everyone for the input. I have my legal appointment next week and plan to submit a written appeal as well.

Is there a typical timeframe to expect for a response. For example, if I don’t hear anything back in 3-4 weeks should I expect a FPEB. Do they even acknowledge or deny the written appeal.

Unfortunately, the FPEB are being booked out into October.
 
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