VERY HARD DECISION - NEED HELP BADLY!

[dr.feelgood2008@yahoo.com]

Hello all,

Here is my situation that I need help with. I am a Regular Army E-7 with 18yrs and 5 months federal active service plus 4 years National Guard time. This puts my LES at 22 but active federal service is only 18yrs and 5 months as stated above.
I have to go to the MED board in the next few weeks for PTSD from serving in Iraq, Baghdad with the 1st Armored Division in OIF 1, (I have it kind of bad, but never been suicidal or homicidal). I am in an AC/RC position stationed at Travis Air Force Base, CA so I must do my med board at Ft. Lewis (Madigan Army Medical Center) which I have heard bad things about in that they try to screw over Soldiers. My MOS is 13D402S which is Field Artillery (Fire Direction). I also have 2 buldging disks in my back and one hurinated disk that is leading. This pretty much stops me from doing P.T. almost at all. I am somewhat struggling at work but the unit has been good to me.
In any event, I have to decide to try to get the board to let me stay in for the next 16 months which will put me at 20 years active federal service (with 77 days or so of terminal leave).
I understand that in order to receive VA disability pay and my Regular Army Retirement without the VA taking my Army retirement, I must be at 20 years or over for active federal service. Is this correct?
Also worth mentioning, my Mother is 83 and live in Louisville KY and has just been diagnosed with lymphomia and really wants me back at home asap. But I can not screw myself as far as pay for the rest of my life.
I feel that the Army will give me 50% if they follow federal law that was just passed (in june I think) in which the medical boards must go by the VSARD which states that if PTSD is severe enough to medically discharge someone, they must give a minimum of a 50% disability rating. I am not including the back problems or a disease that I was just diagnosed with spondloarthritis (non-anklosing). I have no idea what percentage they would give for that if any at all.
I understand that the Army has a COAD (continuation of active duty) for Soldiers over 18 years of AFS. Would this benefit me by continuing to 20 years? I don't know. I feel that the VA will give me 100% and the Army at least 50%, but you know that is just an educated guess because of the new law stating that the Army Med Boards must follow the VSARD which again does give 50% for PTSD.
So can someone give me some advice, should I suffer for the next 16 or 17 months to try to make it for 20 years or should I just let them retire me medically under chapter 61. I guess it all depends on whether I can draw my Army medical retirement with my VA disability without the VA taking my Army retirement since I have only 18 1/2 years of active duty. I am just not sure. Can someone please give me some badly needed advice, I really need help and do not know what to do. I have a family with children and a wife so I must make a wise decision and only have a little time to decide.
Please give me some advice and I will be greatly appreciative!

Nick
nick_skaggs@yahoo.com

[Jason]

Originally Posted by dr.feelgood2008@yahoo.com

In any event, I have to decide to try to get the board to let me stay in for the next 16 months which will put me at 20 years active federal service (with 77 days or so of terminal leave).
I understand that in order to receive VA disability pay and my Regular Army Retirement without the VA taking my Army retirement, I must be at 20 years or over for active federal service. Is this correct?

Nick,

I am sorry to hear about your Mother and all you are going through.

Without having a professional relationship, I can't give advice, but I can tell you my thoughts.

First, there are two laws that allow you to receive both DoD Retired pay and VA compensation. You are correct that one of the programs requires 20 or more years of service. With your more than 20 years of combined reserve and federal service, you should qualify for CRDP (if you are rated at 50% or more by VA) at age 60 (when you would be able to draw retired pay under your reserve points; you need to check on this provision, because the statute specifically states that to qualify you need 20 years of service computed under reserve provision 10 USC Section 12732). In order to qualify for immediate receipt, you would need to have 20 years or more of Active Federal Service.

However, there is also Combat Related Special Compensation, which your PTSD would qualify you for. This would be limited to your years of Service times 2.5%, so you would not be that far off from your 20 year rate of 50%.

I feel that the Army will give me 50% if they follow federal law that was just passed (in june I think) in which the medical boards must go by the VSARD which states that if PTSD is severe enough to medically discharge someone, they must give a minimum of a 50% disability rating.

THe law mandating this was passed in January 2008. But the DoD just published a Policy Memo confirming their view that this does apply. You will qualify for this rating if your PTSD is unfitting. However, unless you have non-PTSD conditions rated at 80% or more, you will be placed on TDRL.

I am not including the back problems or a disease that I was just diagnosed with spondloarthritis (non-anklosing). I have no idea what percentage they would give for that if any at all.

Based on your comment about not being able to PT, this may have impact on your ability to perform your duties and thus be unfitting (I am inferring impact on your duties, the inability to perform APFT may or may not be enough to get to an unfit finding). But it certainly seems like you could be.

I understand that the Army has a COAD (continuation of active duty) for Soldiers over 18 years of AFS. Would this benefit me by continuing to 20 years?

COAD is not limited to those years, but it is more likely to be granted in those situations. I tend to think that submitting an application can impact the effectiveness of arguing for a high rating or multiple conditions being unfitting, but this is a possible course of action. Getting to 20 years will benefit you with the additional 2.5% for each additional year, though. However, you should weigh the CRSC option in making your decision.

You can also try to slow the process as much as possible (take the maximum time for everything, ask for some leave to attend to your mother, appeal at every level) to try to get to at least 19 years. This will give you an additional 2.5% in a CRSC calculation. If you can apply for retirement, the presumption of fitness rule will apply to you, too. This would help with a fit finding, if you decide that is what you want.

Please give me some advice and I will be greatly appreciative!

Nick
nick_skaggs@yahoo.com

You should weigh all your options. Much of the decision will be based on your functional limitations and what the evidence in your case indicates. I hope this was helpful and I hope everything goes well for you.

[dr.feelgood2008@yahoo.com]

ok, so as I understand what you are saying is that unless I hit 20 yrs of AFS (because I have 18 years 5 months of Regular Army time), I can not draw both VA disability and Army retirement at the same time because I have not quite completed the 20 year mark. But if I hit the 20 year mark, I can draw both VA and Army retirement without the VA taking my Army retirement?

However, if I get out now at 18 years of AFS, since my PTSD is combat related from Iraq, I can get my 40% Army Medical retirement plus crsc?

So financially speaking the only difference between getting out now as opposed to the year and a half is less than 10% pay?

Can they put me on leavy while I am in the middle of the med board process?

[dr.feelgood2008@yahoo.com]

Oh, sorry I just forget a question. You think that the Army's new policy memo states that they should go by the VSARD for PTSD or they should not according to the memo from the Army?

[Jason]

Originally Posted by dr.feelgood2008@yahoo.com

ok, so as I understand what you are saying is that unless I hit 20 yrs of AFS (because I have 18 years 5 months of Regular Army time), I can not draw both VA disability and Army retirement at the same time because I have not quite completed the 20 year mark. But if I hit the 20 year mark, I can draw both VA and Army retirement without the VA taking my Army retirement?

Yes, but it appears to me that you should be able to qualify for the reserve CRDP at age 60. The statute states that you need to qualify by computation of points, which you appear to qualify for. I would check on your points, but it does not state that you have to have a 20 year letter.

However, if I get out now at 18 years of AFS, since my PTSD is combat related from Iraq, I can get my 40% Army Medical retirement plus crsc?

Yes.

So financially speaking the only difference between getting out now as opposed to the year and a half is less than 10% pay?

Based on the CRSC (which, by the way is tax free, while the CRDP is not), yes.

Can they put me on leave while I am in the middle of the med board process?

Yes. You PEBLO must be notified, but you can take leave.

As far as your other question, the Army must follow the VASRD.

[dr.feelgood2008@yahoo.com]

Roger, so as I am thinking financially, it would be better for me to finish my entire 20 years as then I would be able draw Army Retirement, (VA Disability-without giving any of my Army Retirement to the VA) and also draw CRSC as my PTSD is combat connected from Iraq?

[Jason]

Yes, the longer you serve, the more you will be compensated. And also, your CRSC will increase, too.

[mxracer13]

Becareful if you decide to stay in. When I first began my MEB process I wanted to stay in, the unit had a postition for me, my commander wrote a great letter and the fight began. My condition got worse, the position was lost to cuts and the letter was used at the board to lower my rating even though a more recent letter was written stating that I was in worse shape and unable to perform my duties.

[dr.feelgood2008@yahoo.com]

Jason,

1st of all, thank you for getting back so quickly to my questions, you are a Godsend with all that you do. Thanks from me and all of the Military!

You told me that I could draw out the process as long as possible.

In what ways should I try to do this?

How long do you think I can reasonably delay the process?

Again, thanks so much.

Nick Skaggs

[Jason]

Nick,

I appreciate the thanks, in the scheme of things, it is not much of a sacrifice in comparison to the service rendered by those injured. Glad to help you and everyone else with info.

As far as delays, I would try to schedule your appointments as far away as possible. If you are given a deadline to do something, take all the time you can. I would look into taking leave, if possible (though, you have to weigh whether doing so sooner is better than later...if you have more than 60 days, you will likely be able to take the additional days at the end of this process, in addition to PTDY. All of this is executed by the Transition Point, so how they actually treat you is hard to say). You have the right to request an independent medical advisor to review the MEB findings. Doing so will give you an extra five days to review the MEB, then 7 days to submit a rebuttal to MTF Commander, and then 7 days to get a response to your rebuttal. Once you get the IPEB results, take the 10 days to respond. Once you get the results of the Formal, also take the 10 days to respond with your rebuttal. Address everything reasonable raised at the Formal PEB in your rebuttal (this will take longer for them to reply to....as a matter of professionalism, I cannot advocate making frivolous arguments. But it is fair game to address all valid concerns). These are just the things that come to mind.