VA Kat,

Okay, part of the problem is to figure out where he is in the system. If he is going to get severance pay, then he must be referred to the MEB and then PEB. But it sounds like he may be getting ready to ETS. If that is the case, then he likely has not been referred to the MEB/PEB. What is confusing is the statement that he was "denied a medical discharge."

If his unit is useless, he should call the NG Medical Advisor for his region. The link can be found in the Army Forum. If you can't find it, let me know, I will post the link.

You are right, I got caught thinking too much about retirement versus separation pay. Under Sec. 1646 of the 2008 NDAA (look in the 2008 NDAA Forum), if he gets severance pay, he will not have to offset VA compensation by the severance pay incurred in a "combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense." The effective date is actually Jan 28, 2008, and will apply to those separated on or after that date.

But, I see no reason that he should not be going for retirement pay with the symptoms described. It would take ROM, Nerve Conduction Studies to give an accurate assessment. If he gets to retirement, he will get the retiree benefits, plus presumably qualifying for Combat Related Special Compensation, (with will be calculated by 2.5% times years of service times retired base pay as the amount he will not have to repay). I think he would want to run the possible calculations to compare the non-offset amounts, but the medical benefits are definitely worth it.

__________________
Jason

Physical Evaluation Board Forum Administrator
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