Jason,
Concerning the last paragraph please explain what u mean by this....Assuming your goal is to retire, and you have more than 20, you are not going to do better under CRDP than with a length of service retirement. Granted, it may take longer than a medical retirement to process, but I think you will meet your goals under either result, unless I am missing something.
If you are a Chapter 61 (military disability) retiree, you will only get CRDP to the extent that you would under a length of service times 2.5% yields:
(b) Special rules for chapter 61 disability retirees.
(1) Career retirees.
The retired pay of a member retired under chapter 61 of this title [10 USCS §§ 1201 et seq.] with 20 years or more of service otherwise creditable under section 1405 of this title [10 USCS § 1405], or at least 20 years of service computed under section 12732 of this title [10 USCS § 12732], at the time of the member's retirement
is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title [10 USCS §§ 1201 et seq.] exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title [10 USCS §§ 1201 et seq.]. 10 USCS § 1414
What this means is that given the current rules on offsets and CRDP, the best you can do from a benefits point of view once you have 20 years of service is to get 2.5% times length of service. Anything above that awarded by the PEB will result in an offset of VA compensation. This is the general rule and for some reservists with high rank and many years of service who have to wait until age 60 to collect under CRDP, there may be an advantage to getting a higher rating. If in doubt, I think you have to calculate possible and likely outcomes from PEB and VA and making these assumptions, see if you will do better. But for most Servicemembers, you won't do better than 2.5% times Years of Service.
Jason and MA,
The NCOIC at the clinic says medpros says I am listed non deployable. He says by orders of chief of staff if something isnt initiated within 60 days it'll progress to discharge. He says I need to submit a commanders, physicians or soldiers statement to him within 60 days. Could you explain the steps to get each of these three? Which one is the best option? Does any of this make sense?
No, it does not make sense. The chief of staff has no authority to do this. It is their job to refer you to the MEB and then PEB. Let us know if they try to discharge you without doing so. Best bet to try to get this initiated is to get seen at an MTF and the MEB section there should initiate.
I have 4 more drills to make 20 good years by calender. I have enough points this year for the 20th good year. I havent reelisted. There's some concern that I could get the boot before OCT. It seems very unlikely to to get dishcarge all processed in 4 months. Im also concerned if I can into the DES before OCT. If somehow I dont get into the DES by the end of my ETS in OCT. What are my options? Im sure the unit will try and stall if this helps their position.
Have you applied for retirement? If referred to MEB, your ETS/retirement is administratively stopped while being processed.
On the PHA the DR doesnt mention anything about DES , MEB, ETC. She notes things I checked on the functional capapcity certificate and the TBI questionaire. I said to most all questions regarding physical limitations that I couldnt do it. Like walking 12 miles. Or 2 miles with full field gear. I also dont have any type of profile. I screened positive for TBI. On the TBI she did concur with self assesment. She left out PTSD when mentioning her findings after I told her I'd been seeing provider for several year and diagnosed with chronic and severe PTSD. She did not check off wether I these limitations are permanent or temporary. BUt again she made no mention of the DES or MEB. She did say she would refer me for both physical and behavioral. And according to the hearing test I did extremely poor. How does this PHA go on helping me get into the DES? Will this change my PULHES numbers?
PULHES will change with a physical profile. They should issue one with your limitations. PHA does not trigger any of these events, except it should get you referred to a physician who will initiate/process your case.
Best of luck and let us know any questions.