Why can't I receive AF and VA retirement if medically retired?

atlantaforever33

Registered Member
Yes I was medically retired at 10 years but can't receive and AF retirement and VA disability because I didn't serve 20 years?? That does not seem fair! I don't understand how they can do that if I was medically retired! Are they working to change this law or anything? I should be receiving something from the Air Force!
 

Navy10

PEB Forum Veteran
Registered Member
The Va money offsets brother, they don't want double dipping from the government
 

Camp P Marine

PEB Forum Veteran
Registered Member
Link doesn't work brother
(2) DISABILITY RETIREES WITH LESS THAN 20 YEARS OF SERVICE.—The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction under sections 5304 and 5305 of title 38, but only by the amount (if any) by which the amount of the member’s retired pay under such chapter exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.”.
 

Oldmustangfan

Registered Member
As Camp P Marine stated above, Let your elected officials know that veterans are watching and supporting this legislation. Ask them to get behind this and support it. Very important to let them know you are aware of this and that thousands of veterans are in this position. Call or e-mail your congressman!!!
 

atlantaforever33

Registered Member
(2) DISABILITY RETIREES WITH LESS THAN 20 YEARS OF SERVICE.—The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction under sections 5304 and 5305 of title 38, but only by the amount (if any) by which the amount of the member’s retired pay under such chapter exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.”.
But I am 90 percent so this will not apply for me?
 

Camp P Marine

PEB Forum Veteran
Registered Member
This may or may not be passed into law. It appears the best case this scenario is still capped at 2.5% per year of service; much like the current rules for CRSC, if passed into law.

Ie 15 years 37.5% base pay, 10 years 25% base pay etc.


But I am 90 percent so this will not apply for me?
Currently DOD % or VA %, possibly both, but they offset if under 20 years.

Best Case Scenario with high DOD % assuming circa E7 12-14 YOS.
Assuming Married no children VA 90% =$1,894.71

Assuming you max DOD 75% (75% is max payable even if 100%) with base pay of $4,000 = $3,000

VA: 1,894.71 + DOD 1105.29 =$3,000 Total

DOD amount is subject to taxes and SBP if you elect it.

This calculator can give you a better idea based on your specifics, especially if you may qualify for CRSC:

https://www.dfas.mil/militarymembers/woundedwarrior/disabledretireest.html
 

toniemm

Registered Member
(2) DISABILITY RETIREES WITH LESS THAN 20 YEARS OF SERVICE.—The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction under sections 5304 and 5305 of title 38, but only by the amount (if any) by which the amount of the member’s retired pay under such chapter exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.”.
I don't understand please explain....
 

tony292

PEB Forum Veteran
What sucks for me is that as a Captain, everyone in my commisioning year group had a packet go before an officer separation board. Had I been a dirtbag and received a bad evaluation or two, I would have been selected and then retired under TERA. Instead, I got all great evals and was not selected but a year later I was medically retired.

So had I been TERA retired I would make 1500 a month more than I do as a medical retiree! I guess sometimes it pays to be a dirtbag!!!!
 

flyin_dutchman

PEB Forum Veteran
Registered Member
Yes I was medically retired at 10 years but can't receive and AF retirement and VA disability because I didn't serve 20 years?? That does not seem fair! I don't understand how they can do that if I was medically retired! Are they working to change this law or anything? I should be receiving something from the Air Force!
It does not seem right, does it?
I have 29 years in (10 AD/19AFRES) but only have 19 "good AD years" towards my 20. I'm facing possible Medical Separation vs Retirement. I'm trying like the dickens to get to my 20, but may fall short just barely. THAT WOULD SUCK.
 

jahlon

PEB Forum Veteran
Registered Member
It does not seem right, does it?
I have 29 years in (10 AD/19AFRES) but only have 19 "good AD years" towards my 20. I'm facing possible Medical Separation vs Retirement. I'm trying like the dickens to get to my 20, but may fall short just barely. THAT WOULD SUCK.
flyin_Dutchman,

If you follow the other threads around for the people at 19 years, it is possible, even highly probably that if you use all of your response time, all of your appeals, all of your everything, you can reach the magic 20 year mark.

The two biggest things I've seen thus far talked about is 1) the time it takes the VA to do ratings (which can be 8+ weeks) and 2) the time you have to wait for a formal board (which can be 2+ months).
 

chaplaincharlie

Staff Member
PEB Forum Lifetime Supporter
PEB Forum Veteran
Registered Member
There is a bill that is designed to allow concurrent receipt with less than 20 years of service. Not sure if it is gaining traction in Congress or not.
 

generalsparky

Registered Member
What sucks for me is that as a Captain, everyone in my commisioning year group had a packet go before an officer separation board. Had I been a dirtbag and received a bad evaluation or two, I would have been selected and then retired under TERA. Instead, I got all great evals and was not selected but a year later I was medically retired.

So had I been TERA retired I would make 1500 a month more than I do as a medical retiree! I guess sometimes it pays to be a dirtbag!!!!

My husband got that TERA (you are going to lose your job because there are too many in your career field) email right before Christmas a few years ago. Totally ruined Christmas but ultimately we made the decision since he would have had his 15 years in, to take advantage of it. He kept applying and they kept sending him emails back that he didn't qualify. He was so angry about it all! Fast forward a couple of years later and he is medboarded out 2 years and 2 weeks shy of 20 years. Bitter doesn't even describe his feelings!
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top