ANG MEB PSC question. Help needed

[AF_D]

All, 30 years of service 6.5 TAFMS/4200 points), 100% VA Total and Permanent. Recently was sent MEB for ptsd, anxiety, depression. Need help understanding.

Here is the email from my ANG base doctor regarding my MEB process.

I went to the NGB/SG website and found this paragraph about PSC appeals. My understanding of it is that there is no appeal process at the NGB level but an appeal may be filed through the USAF Board of Military Corrections.

A few takeaways from our conversation this morning:

--NGB found your condition as “PSC not applicable” which means your case will go through the Non-Duty Disability Evaluation System (DES) pathway. The two main options available to you are to enter the DES or retire from the military

--If you want to continue serving in the military, you will need to enter the Non-Duty DES. They will determine if you can stay in or if you must involuntarily separate/retire.
--You can choose to retire instead of entering the DES.

--The VA disability rating system and the USAF/NGB disability rating systems are completely separate entities with entirely different rules. The VA is about compensation and pensions while the USAF/NGB is about fitness for duty, retention, deployment, etc.

 

[Provis]

View attachment 7280
All, 30 years of service 6.5 TAFMS/4200 points), 100% VA Total and Permanent. Recently was sent MEB for ptsd, anxiety, depression. Need help understanding.

Here is the email from my ANG base doctor regarding my MEB process.

I went to the NGB/SG website and found this paragraph about PSC appeals. My understanding of it is that there is no appeal process at the NGB level but an appeal may be filed through the USAF Board of Military Corrections.

A few takeaways from our conversation this morning:

--NGB found your condition as “PSC not applicable” which means your case will go through the Non-Duty Disability Evaluation System (DES) pathway. The two main options available to you are to enter the DES or retire from the military

--If you want to continue serving in the military, you will need to enter the Non-Duty DES. They will determine if you can stay in or if you must involuntarily separate/retire.
--You can choose to retire instead of entering the DES.

--The VA disability rating system and the USAF/NGB disability rating systems are completely separate entities with entirely different rules. The VA is about compensation and pensions while the USAF/NGB is about fitness for duty, retention, deployment, etc.
View attachment 7279

I would retire. If you think they were wrong you can submit a AFBCMR and they can retro it back if they rule in your favor. It takes a few years. Here's the thing. Unless your PTSD is combat related there isn't much benefit since your $3,600 would offset whatever pension you got. You qualify for both your pension and VA compensation once you retire from the ANG at eligible retirement age which is normally age 60 or a bit lower if qualifying deployments reduced the age you can retire.

You really don't have any other choice other than to retire. The only other option is to go the Non-Duty Disability Evaluation System (DES) pathway but that doesn't lead to anything but a discharge and in your case retirement.

 

[AF_D]

Thank for the information. I am still a little unsure if it would benefit to be “medically” retired from the guard and be able to get TRICARE. So what I am understanding is that even if I was Med retired, I would not draw that retired pay till I hit my retirement age (60 - qualifying deployed time)?

Your help is appreciated!

 

[Provis]

Really in this case you don't have a choice so it makes it kind of easy. The real question is whether or not you want to pursue the board of corrections for your branch. Since you have a lot of years in, you're probably not too far off from retiring and the reserves. And at the same time you're getting great benefits through the VA. Anything you get in a pension would be offset by what you get at the VA. So if you got 3000 a month pension and $3,600 a month from the VA, the pension would go away because the amount you get from the VA must offset your pension unless you qualify for CRDP but you won't qualify for that until you are able to retire from your non-regular retirement as a national guard retiree.

The age to retire 60 but if you had qualified deployments after a certain date and don't quote me on this but I think it's 2008 or later then that can reduce the age by the amount you were deployed at 3 month increments. So if 2012 the entire year you deployed to Afghanistan then your retirement age would be 59 instead of 60. You could apply 6 months before 59 to get your retirement at age 59.

 

[AF_D]

Ok that makes sense. I did submit deployment time so it should be around 57.5-58.
I wouldn’t qualify any earlier, even with a medical retirement as all my VA ratings are not CRDP.
Guess it’s time to get the shadow box going.
Thanks for the clarification.

 

[Provis]

Ok that makes sense. I did submit deployment time so it should be around 57.5-58.
I wouldn’t qualify any earlier, even with a medical retirement as all my VA ratings are not CRDP.
Guess it’s time to get the shadow box going.
Thanks for the clarification.

CRDP is basically concurrent receipt of disability pay while receiving a pension. You need a 20-year letter and you have that. It's actually automatic. So when you apply for your non-regular retirement, CRDP will kick in and allow you to collect VA compensation on top of your military pension.

 

[AF_D]

Apologies, another question. I was under the understanding that as a reservist or guardsman, that if you were found to be medically disabled/unfit for service though the MEB or AFBCMR, you would immediately qualify for medical retirement pay at whatever percentage found by the board (x calculated based on your points, years in service, and rank)…and that if you were 100% T&P from the VA, you would fall under the CRDP and draw both concurrently immediately and not have to wait till you are 60 +/- deployment time.

Someone on another sub stated they thought the rule was you had to have at least 7 years of AD. Another thread I saw just said 8 years of service (didn’t say AD or Guard). Do you have any other information on that? I ask since I am at pivotal point to either retire or have them retire me and get an attorney for the AFBCMR route…since when I read the NARSOM, there were very major inaccuracies, I was never assigned a pebl, and was sort of given the run around on trying to submit more medical information to my mil doctor. I’m not crying over spilled milk, it is what it is, I just feel that if I were able to pursue a medical retirement, it would make a significant financial difference for my family.

 

[Provis]

Apologies, another question. I was under the understanding that as a reservist or guardsman, that if you were found to be medically disabled/unfit for service though the MEB or AFBCMR, you would immediately qualify for medical retirement pay at whatever percentage found by the board (x calculated based on your points, years in service, and rank)…and that if you were 100% T&P from the VA, you would fall under the CRDP and draw both concurrently immediately and not have to wait till you are 60 +/- deployment time.

Someone on another sub stated they thought the rule was you had to have at least 7 years of AD. Another thread I saw just said 8 years of service (didn’t say AD or Guard). Do you have any other information on that? I ask since I am at pivotal point to either retire or have them retire me and get an attorney for the AFBCMR route…since when I read the NARSOM, there were very major inaccuracies, I was never assigned a pebl, and was sort of given the run around on trying to submit more medical information to my mil doctor. I’m not crying over spilled milk, it is what it is, I just feel that if I were able to pursue a medical retirement, it would make a significant financial difference for my family.

That is incorrect. You would retire immediately if lod, but you would be subject to the offset from receiving VA compensation. If you read all the details of CRDP it is required to have a 20 year retirement. If active duty 20 you retirement then CRDP kicks in right away but if it's 20 year plus letter that it doesn't kick in until you apply for retirement at your eligible age. The only time CR DP does not require a 20-year. Is if you retire through Tera but you don't qualify for that.

The eight year rule that you're thinking of is service connection. But that's for active duty people. If a reservist or national guard person was to be hurt even with the 8 years of active duty total, they would still need an LOD. The LOD is what says that the injury happened while activated on active duty orders.

 

[AF_D]

That’s were there may be a disconnect in my situation. I do have multiple LOD‘s and/or service connection/service aggravation for multiple different cumulative conditions that is leading to incompatible service. If those conditions lead to a medical retirement, would that change anything?

 

[RonG]

That’s were there may be a disconnect in my situation. I do have multiple LOD‘s and/or service connection/service aggravation for multiple different cumulative conditions that is leading to incompatible service. If those conditions lead to a medical retirement, would that change anything?

Hello,

I am late to this thread, but I can offer the following:

1. If you receive a rating of 30% or more, you will receive a disability retirement.
2. Your retired pay will be reduced dollar for dollar in the amount of VA compensation.
3. If eligible for CRSC and your application is approved, it could replace some or all of the reduced/offset/waived retired pay at item 2.
4. You are not eligible for CRDP unless you qualify for another type of retirement. If that retirement is reserve/NG, your approved application for reserve retirement will trigger CRDP by DFAS if you are otherwise eligible (e.g., VA rating of 50% or more). CRDP restores only the longevity portion of retired pay.

Posts by @Provis in this thread provide an excellent description/explanation of other scenarios that might apply to your situation.

Ron

 

[costanzalordoftheidiots]

Anyone able to shine some light on this process,

Mind running through a scenario to help out us part timers?

25 good years in the Air Guard

As of 24 January 2021,
5809 active duty points
7055 retirement points
7153 total points (includes years I had over 365 points, so probably not used for calculating retirement)

Which of the above categories is used for a part timer who is medically retired?

100% VA P&T
About to start MEB for five disqualifying conditions/medications (docs are guessing a high % DoD rating, but who knows)

A18 Scleroderma on leflunomide, hydroxychloroquine and Nifedipine ER 30mg

G3 Asthma

G5 OSA refractory, unless controlled with dental prosthesis

I54 IBS on Linzess, non-diet controlled

P35 Chronic Urticaria refractory to anti-histamines, oral prednisone, on Xolair

All have LODs
Remaining on Title 10 until MEB is complete. If process lasts past 18 June 2022, will have 7200 points in the middle number listed above.
Knocked down early retirement age to 52.5 from age 60

Any help in trying to understand what can/should be offset or how and when military pension will start is most appreciated. There are zero SME at a guard base, and we are left to pick around Google to try and find any information.

 

[RonG]

Hello @costanzalordoftheidiots

1. If you are medically retired before you reach the reserve/NG retirement age
Your retired pay will be computed as: Active duty equivalent (years and months) x 2.5% = longevity multiplier x average high three base pay
OR
Average high three for base pay x DoD disability retirement percentage
WHICHEVER IS HIGHER
Your retired pay will be reduced dollar for dollar in the amount of compensation at 100%

2. Once you near the retirement age, you can apply for reserve/NG retirement which upon approval will trigger CRDP by DFAS which will restore the longevity portion of your retired pay. Your CRDP will be computed as: Active duty equivalent (years and months) x 2.5% = longevity multiplier x average high three base pay

3. Years of Service for Retired Pay Percentage Multiple . YOS for retirement percentage multiple determines the years of service for computing the retired pay multiplier. This category of years of service includes all periods of active service (counted as one point for each day) plus all points earned through qualifying reserve duty, not exceeding annual limits, divided by 360. This results in the active-duty equivalent. Your reserve/NG unit should be able to tell you what your active-duty equivalent will be.

4. CRSC information is included at one of the links below my signature block.

Ron

 

[costanzalordoftheidiots]

Thank you, Ron!

 

[RonG]

Hello @costanzalordoftheidiots

Glad we could help...

Ron

 

[RebelSam]

That is incorrect. You would retire immediately if lod, but you would be subject to the offset from receiving VA compensation. If you read all the details of CRDP it is required to have a 20 year retirement. If active duty 20 you retirement then CRDP kicks in right away but if it's 20 year plus letter that it doesn't kick in until you apply for retirement at your eligible age. The only time CR DP does not require a 20-year. Is if you retire through Tera but you don't qualify for that.

The eight year rule that you're thinking of is service connection. But that's for active duty people. If a reservist or national guard person was to be hurt even with the 8 years of active duty total, they would still need an LOD. The LOD is what says that the injury happened while activated on active duty orders.

So, I have a similar situation to what has been described so far in this thread but would like some clarification here if I may? I had completed 10 years active duty and 8 years Air National Gurard when I was rated 70% disabled by the VA for my active duty time (I had been a parachutist and was in the 1C4 career field which required a lot of physical capabilities I no longer had) so my ANG unit was seeking a PEB from Guard Bureau. My commander told me that it could take up to a year to get the decision back from Bureau and that if I wanted to be able to begin classes in the Fall semester that I would have to take a regular guard retirement. I was going through a lot of counseling at that time for my PTSD and accepted his advice at face value. Looking back on it, I feel like they were just anxious to replace me with someone that could be Worldwide Deploy-able again so it wouldn't affect his SORTs reporting. Do you think I would have any chance to get a BCMR to change my retirement from regular guard retirement to medically retired?

 

[Provis]

So, I have a similar situation to what has been described so far in this thread but would like some clarification here if I may? I had completed 10 years active duty and 8 years Air National Gurard when I was rated 70% disabled by the VA for my active duty time (I had been a parachutist and was in the 1C4 career field which required a lot of physical capabilities I no longer had) so my ANG unit was seeking a PEB from Guard Bureau. My commander told me that it could take up to a year to get the decision back from Bureau and that if I wanted to be able to begin classes in the Fall semester that I would have to take a regular guard retirement. I was going through a lot of counseling at that time for my PTSD and accepted his advice at face value. Looking back on it, I feel like they were just anxious to replace me with someone that could be Worldwide Deploy-able again so it wouldn't affect his SORTs reporting. Do you think I would have any chance to get a BCMR to change my retirement from regular guard retirement to medically retired?

I couldn't answer without knowing a lot more specifics. I suggest you reach out to an attorney to discuss your case to see if there is a chance. I can send you some options via direct message if you like.

One clarification... Are you still in or already kicked out with 15 year letter assuming you don't have 20 good years. If still in you have a better chance to get this fixed but it wouldn't be through a BCMR. The guard is notorious for not following the regulations and a good attorney could help you. If you are already out then BCMR but it would be an uphill battle and may or may not be worth it based on the strength of your case.

 

[RebelSam]

I couldn't answer without knowing a lot more specifics. I suggest you reach out to an attorney to discuss your case to see if there is a chance. I can send you some options via direct message if you like.

One clarification... Are you still in or already kicked out with 15 year letter assuming you don't have 20 good years. If still in you have a better chance to get this fixed but it wouldn't be through a BCMR. The guard is notorious for not following the regulations and a good attorney could help you. If you are already out then BCMR but it would be an uphill battle and may or may not be worth it based on the strength of your case.

No, I was retired in July of 2002 with my 20 year letter. I had enough time in service with my 10 years of Active Duty and I was a full-time GS-09 in the ANG unit, which afforded me a lot of additional active duty time. Please do contact me via direct message.

 

[Provis]

No, I was retired in July of 2002 with my 20 year letter. I had enough time in service with my 10 years of Active Duty and I was a full-time GS-09 in the ANG unit, which afforded me a lot of additional active duty time. Please do contact me via direct message.

Will send you a direct message. Also, how close are you to age 60? It may not be worth it if you are able to retire soon via non regular retirement. If you were retroactively medically retried any compensation for chapter 61 pension would be offset by any money received from VA disability compensation and most have their pension zeroed out leaving only Tricare as the added benefit.

 

[RebelSam]

Will send you a direct message. Also, how close are you to age 60? It may not be worth it if you are able to retire soon via non regular retirement. If you were retroactively medically retried any compensation for chapter 61 pension would be offset by any money received from VA disability compensation and most have their pension zeroed out leaving only Tricare as the added benefit.

I'm about four years away but my concern is if I don't do the BCMR that I won't get the higher retirement (since I was rated at 70% by the VA at the time of my retirement from the ANG) vs. 50-something percent for my longevity.

 

[Provis]

I'm about four years away but my concern is if I don't do the BCMR that I won't get the higher retirement (since I was rated at 70% by the VA at the time of my retirement from the ANG) vs. 50-something percent for my longevity.

Since you get CRDP in 4 years that won't matter as much. Also, the 70% VA rating doesn't mean you would get that for medical retirement. You only get the percentage for conditions that make you unfit for your job at the time of discharge. I don't think it this would be worth it. Look up CRDP. You will get that too when get your non regular retirement. That amount is calculated on longevity regardless of your rating for a medical retirement so I don't think you would get ahead like you think you would if you did win a BCMR case.

@RonG any thoughts on this???