contact the ODC Lawyers...they are freeI'm trying to determine if its worth pursing a medical retirement vs the non-duty related PEB i am being referred. I am a dual status that will qualify for the 60/40. I could probably appeal the non-duty status since I have 90% through VA. However, is it worth fighting for a retirement over a separation if I already have 90% VA and will incur a 60/40?
Not appealing will expedite things. I'm trying to identify the benefits of duty related at this point.
Anyone know of an Army Guard version of the ODC?
To start off I will say Tricare is better and a medical retirement is better due to having a guaranteed pension and tricare for life. However, your VA compensation will probably be greater than a chapter 61 pension that you would have gotten meaning the net pay would be the same regardless with the only advantage being qualifying for getting CRSC to claw back some of the offset and Tricare. If you don't have a lot of points towards retirement you don't have as much to lose by not getting a chapter 61 pension.Well, I received notification of pending separation yesterday. If I don't appeal the non-duty I will likely be removed from the guard next month or so. Even though I am 90% VA, Im not sure I plan to fight it. I may however request a records review after I am separated, arguing for retirement.
Congratulations! My wife was recently approved for her SSDI. That is a very long and hard process to get approved! Make sure to continue to seek treatment. The SSA will typically do a CDR (Continuing Disability Review) at some point and if you aren't seeing your doctor you will lose your SSDI.Just got news from Social Security Department that I was awarded SSDI for my hearing disability, I hope this will help my case with FERS disability application. Still waiting for my decision from Secretary of the Airforce Personnel Center and the FPEB if I can retire with PDRL.
it sucks that FERS takes out 100% of it from you FERS retirement dollar for dollar the first year, the 60 % on year 2 until your 62....Congratulations! My wife was recently approved for her SSDI. That is a very long and hard process to get approved! Make sure to continue to seek treatment. The SSA will typically do a CDR (Continuing Disability Review) at some point and if you aren't seeing your doctor you will lose your SSDI.
now I have to go through the whole process again, but this time IDESJust found out that Secretary of the Air Force awarded my appeal and changed NGB's decision of Non Duty Related to In the Line of Duty.
I'm a dual status Title 32 technician. I have 18 years total of Guard service (4000 points total includes both M-Day and Title 10 time.) I have three active duty mobilizations. I started as a tech in 2014, buying back my time to November of 2011, so I'm going on 9 years as a tech. I've reached a point where I'm unlikely to be able to deploy again if the situation arises. As a tech, I'm concerned about my livelihood should I get out on the military side since I'd also lose my tech job. I understand that if I get discharged medically on the military side that I'll be eligible for a technician medical disability retirement (at 40% of my high three, I think). Currently at 60% VA disability. I'm hoping to get a better idea of where things go if I pull the trigger and go the MEB route, which may be in the next 12-24 months.
A few questions I have:
- As a National Guard reservist, I won't be able to access my mil retirement until 60, correct? I have qualifying periods as well, so I could start drawing a little earlier. I'd only draw my VA disability and any tech disability retirement until retirement. Please correct me if I'm wrong on any of this.
-As far as retired pay, how does it work for a reservist when it comes down to the pay amount? Do I simply get my reserved retired pay based on my points and rank, or do I potentially get my % of disability (60%, if the mil side comes to the same % as the VA) even though I'm a reservist? What's the equation for this calculation? I usually take my points divide by 360 to get my years of service and multiply by 2.5, which gives me the percent of my base pay I'll receive. By the looks of it, if I got 60% of my final base pay because that's my disability, it would be the better scenario. I understand that my disability percent may change over the years before retirement, but just want to get an idea.
-With the tech disability retirement, I can be employed without penalty as long as I don't make over 80K for the year....correct?
-I've obviously already done my comp and pen exams (2019). If I go the MEB route, will I have to go through them again?
I'd appreciate any other insight, advice. I was surprised to come across this group. Any questions I ask within my organizations always tend to get guarded or unsure responses.
Hello, yes that's mostly true. It's 60% the first year 40% until you hit 62 and it's recalculate as if you never had a break in service. Also disability retirements dont get the FERS supplemental retirement. There is information on forum and this thread. Basically if you lose your military status due to medical reasons you will be eligible for the disability retirement because you can't keep your Fers job without it. Usually a Fers employee has to provide evidence they can't do there job due to medical condition to receive disability retirement. It's a special provisions law, your HR person on the technician side NOT military on base will have the answers. They will also be who you work with if you lose military status.I'm a Dual status Technician with 20 years Mil and 12 as a Technician. I am currently 47 years old. I heard from my Chief that if you are non retained on the military side before your MRA you could get 60% for the first two years after you retire. After the two years, it drops to 40% until you hit your MRA. He referenced this forum as where he found the info. I was unable to find anything? Can someone point me in the right direction if I'm wrong? Thanks.
Hello, yes that's mostly true. It's 60% the first year 40% until you hit 62 and it's recalculate as if you never had a break in service. Also disability retirements dont get the FERS supplemental retirement. There is information on forum and this thread. Basically if you lose your military status due to medical reasons you will be eligible for the disability retirement because you can't keep your Fers job without it. Usually a Fers employee has to provide evidence they can't do there job due to medical condition to receive disability retirement. It's a special provisions law, your HR person on the technician side NOT military on base will have the answers. They will also be who you work with if you lose military status.
PL 97-253Hello, yes that's mostly true. It's 60% the first year 40% until you hit 62 and it's recalculate as if you never had a break in service. Also disability retirements dont get the FERS supplemental retirement. There is information on forum and this thread. Basically if you lose your military status due to medical reasons you will be eligible for the disability retirement because you can't keep your Fers job without it. Usually a Fers employee has to provide evidence they can't do there job due to medical condition to receive disability retirement. It's a special provisions law, your HR person on the technician side NOT military on base will have the answers. They will also be who you work with if you lose military status.
Hello new to this group. I am also in the same boat as a dual status soldier. I have 23 years of service on the guard side and 14 in the tech program. I already have my 100 permanent and total and I’m now pending a NDRPEB. Will I lose my 100% if I go through with the board?To start off I will say Tricare is better and a medical retirement is better due to having a guaranteed pension and tricare for life. However, your VA compensation will probably be greater than a chapter 61 pension that you would have gotten meaning the net pay would be the same regardless with the only advantage being qualifying for getting CRSC to claw back some of the offset and Tricare. If you don't have a lot of points towards retirement you don't have as much to lose by not getting a chapter 61 pension.
It might be worth it to focus more on getting 100% VA since the pay bump will be more and that will qualify you for CHAMPVA for for your family too.
I'm not sure if you will get reevaluation of your VA conditions. I was found not fit for military status due to medical condition non duty related by national guard raters. I didn't have any medical evaluation going out that way other than medically review and and retired.so if it's non duty as far as I know the guard won't care what your VA rate is, if it was MEB your medical retirement is based on the VA condition.Hello new to this group. I am also in the same boat as a dual status soldier. I have 23 years of service on the guard side and 14 in the tech program. I already have my 100 permanent and total and I’m now pending a NDRPEB. Will I lose my 100% if I go through with the board?