Title 10 qualifier? Air Guard PEB

G

Green&Blue

PEB Forum Regular Member
Registered Member
Heard from my PEBLO that it should be another few weeks before I get my decision on my PEB. I'm in the Air Guard and was prior Army Guard & Reserves. My duty disqualifying condition is service connected at 70% by the VA and is directly linked to my 3rd deployment with the Army in 2010-2011.

Due to this, a friend of mine reminded me that it appears I qualify to receive both my VA compensation (rated at 100% P&T) and active duty retirement at my current rank (O-3E) because my condition has a nexus from when I was on Title 10 orders for over 30-days.

I am having a hell of a time finding that statute again. Any of you aware of that statute or interpret it differently? Thanks for your time.
 
Green&Blue said:
Heard from my PEBLO that it should be another few weeks before I get my decision on my PEB. I'm in the Air Guard and was prior Army Guard & Reserves. My duty disqualifying condition is service connected at 70% by the VA and is directly linked to my 3rd deployment with the Army in 2010-2011.

Due to this, a friend of mine reminded me that it appears I qualify to receive both my VA compensation (rated at 100% P&T) and active duty retirement at my current rank (O-3E) because my condition has a nexus from when I was on Title 10 orders for over 30-days.

I am having a hell of a time finding that statute again. Any of you aware of that statute or interpret it differently? Thanks for your time.
Click to expand...
So this is not true. The only way to get concurrent receipt is by having earned a 20 year retirement or TERA (TERA is not offered anymore for AF). Any pension received will be offset by any VA compensation received. If your chapter 61 pay is less than your VA pay then you will only get your VA pay. Since you are an O-3E its possible your chapter 61 pension could be higher than your VA pay. My wife was 75% DOD and was an O4 but 6 months before that an O3E. Her chapter 61 pay was 2k higher so she got all of her VA pay and 2k of her pension after the VA offset.

How many points do you have or how much is your total AFS? The only way to get more is if you are missing out due to the VA offset and that's going to be the case if your have a larger pension earned. My wife has 17AFS so she just missed 20 AFS to get a regular retirement. So she earned a pension that was 40+% of her high 3. So even with VA pay and residual pay after VA offset she was losing out on $1,500 a month. That's were CRSC comes in. If you have conditions that qualify you can claw back the rest if approved and your CRSC% is high enough.

If your pension value is low because you don't have a lot of AD time its possible that you are maxed out especially if your chapter 61 pension exceeds your VA compensation since you get paid the difference in addition to VA pay.
 
I have about 3200 points and am over 20 good years of service, (have the 20-year letter to prove it). About 5 years under active duty based on deployments, schools etc.
 
Having a high DOD% might make it so that you don't need CRSC. You have the equivalent of just under 9 years. Thats just under 18% of your high 3 if BRS and just under 22.5% if legacy pension.

If your chapter 61 pay is higher than the combination of your VA compensation and your pension for your 20 year letter than you will be maxed out. If its not then you can apply for CRSC to try to get the money you lost now. If that doesn't work you can get that money you lost out on when you reach the age for your Reserve/NG pension at age 60 or slightly less if reduced due to qualified deployments.

So take your HIGH 3 and multiply it by your pension % and see what that amount is. Then add that amount to your VA compensation amount. That is your cap. Now if your DOD% times your HIGH 3 is higher then you are maxed. If not, apply for CRSC if you think you can get approved. My guess is that between your VA pay and your residual pay after VA offset you will be maxed out or close to it.
 
You must log in or register to reply here.
Top