CHAPTER 61 DISABILITY RETIREMENT FOR GUARDSMAN

SFC H

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I have a question and need to be pointed in the right direction. If a national guardsman gets a chapter 61 disability retirement, is everything found in the C&P exams and listed on the DA199 considered service connected?

Thanks
 

RaiderX

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Based upon my experience as a Reserve chapter 61 retiree, No.
 

SFC H

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Is there any regulation that covers this? Chapter 61 is an active retirement, right?
 

RaiderX

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It is but is not an active retirement. You won't draw any pay or CDRP till you hit 60 via unless you have over 7200 retirement points. Other wise you get every thing else.

I take back my original statement Yes it will be listed; however, not every thing will be rated by the VA
 

Sullysull48

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If I am understanding this correctly. If you are a chapter 61 retiree as a guardsman or reservist you will be able to collect your retirement now. CRDP will have to wait until you hit the age of 60 or before. Based on deployment or mobilization after 2008.
 

gsfowler

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To be service connected condition must have occurred or aggravated beyond normal progression while you were entitled to active duty pay.

Beyond normal progression is operative word.
 

RaiderX

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You get you pay, however it is reduced by the monthly VA amount.

Example
Va comp = 3750
Waived Retiermen pay =1950.
No residual retirement pay left over.

CDRP will restore the longevity portion of retirement pay as long as you meet the requirements.

CRSC is another option but may not cover everything.

@Ron knows the ins and outside better than I
 

RonG

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If I am understanding this correctly. If you are a chapter 61 retiree as a guardsman or reservist you will be able to collect your retirement now. CRDP will have to wait until you hit the age of 60 or before. Based on deployment or mobilization after 2008.
Hello again,

Yes, there is retired pay computed for your CH 61 retirement, but it is reduced as mentioned by RaiderX.
Occasionally, there is residual retired pay (left over from the reduction) that the CH 61 retiree keeps.

Example:
CH 61 retired pay: 3000
VA compensation: 2000
Reduction: (3000-2000) = 1000 residual retired pay

CRSC does not have an age requirement and approved CRSC can replace up to the dollar amount of the longevity portion of waived retired pay...

Ron
 

SFC H

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I was chapter 61 retired 10 June 2019. I filed my VA claims after receiving my DA199 in may. The claims I filed didn't have LOD's because they weren't injurie's. In the guard they don't issue LOD's for illness's, just injuries. I filed claims for everything that was on my DA199, The VA took 4 months to decide what was on my DA199 WASN'T service connected.
 

Guardguy11

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I was chapter 61 retired 10 June 2019. I filed my VA claims after receiving my DA199 in may. The claims I filed didn't have LOD's because they weren't injurie's. In the guard they don't issue LOD's for illness's, just injuries. I filed claims for everything that was on my DA199, The VA took 4 months to decide what was on my DA199 WASN'T service connected.
You have a couple issues going on here. Anything you have an LOD on that is In the Line Of Duty (ILOD) will be considered as service connected. Everything else, as a guardsman, has to be in your medical records. If it isn't, now the onus is on you to prove that it is service connected, and best of luck with that endeavor.

The VA is a different animal as far as C&P stuff. You can say a whole bunch of stuff is service connected on the DA199 to the VA and they will look at it, but upon review of your records, if they don't see it, they will deny service connection.

If you don't already have a copy of your medical records, you need to get one. Comb through it and see what items you have in there. Unfortunately, in my experience, guardsman are horrible at getting stuff in their medical records. I had a buddy that was a ANG technician and was all sorts of jacked up due to his military / technician service. Unfortunately for him, he was never told to go over on drill weekend and make sure he saw a air force doctor to talk about what is going on. He had nothing in his medical records so was unable to even go to the VA.

I try to make sure all young guardsmen know how important it is to document anything that happens to you while in a military status.
 

SFC H

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I received my guard medical records prior to going through my MEB. On the last 5 years worth of PHA's or MRE's I have documented hypertension as well as other illnesses. On my DA199 these are also documented, but the VA refuses to service connect any of them.
 
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