Crazy Question here.

Norrisimages

Norrisimages

PEB Forum Regular Member
Registered Member
Of course, you probably know I am in the PEB process, on my 3rd month of waiting for Lewis to come back with a rating. Question is I have been in for 16 years, still have obligated service till the end of 2014 this will put me over 18, will this change my benefits, will I get a differen't rating I am so confused on how any of this works, and before you ask I am stuck on Fort Irwin, so help is always so far away and when they come here, they are so swamped its hard to get an answer from them. So found this Forum joined and now here I am.

thanks

Mike
 
Mike,
AFAIK, the only thing that would possibly increase would be your pension amount (if retired...due to the calculation being based the average of your high 3 years of base pay, assuming you will either a) get promoted or b) Congress passes a raise for CY 13...who knows with the way things are going now:(). If separating with severance, the longer you stay in, the higher your severance check will be. Your benefits will be the same. The ratings will be the same (not based upon years of service, rather based upon the VASRD). However, from what I have learned/heard, when you get up over 15 years or so, the odds of getting an unfit rating increase (not a given, but seems to be the direction the board takes sometimes).
 
Norrisimages said:
Thanks, I have heard that I will get a severance and my retirement...is that true?
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What is the claim so others can throw in some speculation?
 
Ok my claim is for several things, my back (degenertive disc disease) left shoulder (sever arthritis) right hand (broken 3 times once in a combat zone) and a few minor other things, but heres the thing, I am at 16 years of service, I am still contracted out till I am well over 18, I heard (yes kind of rumor mill) we all know how that goes that I will get a severance, plus my retirement and severance should not be paid back...Ok so throw the comments out.
 
In a nutshell, you will receive a DoD severance if your ratings are under 30%. A DoD retirement if ratings are 30% or greater. You will not receive severance and retirement. You can, however, draw both retirement and VA disability if you are over 20 years active service (or good reserve or guard time eqiv.)...see CDRP. Additionally, you can get a severance and draw VA disability.
 
thanks alot, I really appreciate that. I guess when I get out (hopefully soon) I will keep posting and relay all my experiences with the MED/PEB process
 
Like above:
0,10 or 29% is severance pay 2 months base by the number of active years you have. It is taxable but there is a way to recoup the taxes either through DFAS or IRS. The VA will also pay the ARmy back the AFTER tax amount of the severance at the 10 or 20% $ amount. The letter setting the precedent is avaialable on the USA PDA website. When you get the Da 199 back check for the combat related comments. If the 199 states injuries are combat related the sverance should not be taxed.

A retirement, 30% and above is either permanent or temporary. The amount of the severance pay can be ESTIMATED by your base pay times .85, take the percentage you receive from that calculation and that will give you an estaimate of the $ you will receive. It will probably be a liitle high.

Retirements are off set dollar for dollar by the VA compensation. You could be where you get all Army benefits but all your money comes from the VA. All retiress can apply for CRSC, Combat Related Special Compensation. That can give you the amount up to but not excedding the amount of retirement $ you would have received from the Army.

CRSC is bit of a misnomer. There are 4 ways to get qualified for CRSC. They are: actual combat injuries, training simulating war, hazardous duty and an instrument of war.
 
Correction bigfig its, 0,10 and 24% and lower for seperation... If rating is 25% it rounds up to 30%
 
Yep sure is. My typing leaves something to be desired....I am up to 40 words a week....Sorry about that.
 
Is it true that if you receive severance....you loose your VA disability monthly until the severance is completely repaid? I have heard that as well.
 
enjk1975 said:
Is it true that if you receive severance....you loose your VA disability monthly until the severance is completely repaid? I have heard that as well.
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Only the portion with which you are found unfit at the DoD and VA. If you are are unfit for your back at DoD(for example), but also unfit at VA for 20% they retain the money you would get with that 20% until your severance is repaid. However, if they VA also finds that you have condition, ringing in the ears for example, and they rate you 10%, you get to keep the 10%. They dont take all of the disability, just the porition to you were found unfit for at DoD...make sense?
 
The combat related portion comes in to play also. If the injury is combat related or training simulating combat, instrument of war or hazardous duty and the severance is NOT taxed then the VA does not pay the Army back, if it does not fall into one of those then they pay the Army back the after tax amount. Also you can get your taxed amount back through DFAS or the IRS, your PEBLO should have those documents for that.
 
LostinPEB said:
Only the portion with which you are found unfit at the DoD and VA. If you are are unfit for your back at DoD(for example), but also unfit at VA for 20% they retain the money you would get with that 20% until your severance is repaid. However, if they VA also finds that you have condition, ringing in the ears for example, and they rate you 10%, you get to keep the 10%. They dont take all of the disability, just the porition to you were found unfit for at DoD...make sense?
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So if you are a Chapter 61 with 20 years of service, does the VA compensate you for the same thing that DoD found you unfit for?

For example, if DoD finds me unfit for my neck/back and rates me at 30%, from what I understand and please correct me if I'm wrong, I will still get 50% from DoD because of my time in service. And again, let me know if this is wrong - 30% of it would be tax free and the remaining 20% will be taxable. BUT, will VA rate me for the same thing I was found unfit for - or is the VA only for everything else that's wrong with me?

I am told that the DoD and VA does their ratings simultaneously.....
 
LinXa1903 said:
So if you are a Chapter 61 with 20 years of service, does the VA compensate you for the same thing that DoD found you unfit for?

For example, if DoD finds me unfit for my neck/back and rates me at 30%, from what I understand and please correct me if I'm wrong, I will still get 50% from DoD because of my time in service. And again, let me know if this is wrong - 30% of it would be tax free and the remaining 20% will be taxable. BUT, will VA rate me for the same thing I was found unfit for - or is the VA only for everything else that's wrong with me?

I am told that the DoD and VA does their ratings simultaneously.....
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Per the Army IDES Handbook:

Disability retired pay is calculated on the basis of your actual disability rating (e.g., 30% disability rating) or length of service rating (2.5% x years of service), whichever is higher. The disability rating percentage is capped at 75%. The length of service rating no longer has the 75% cap. The percentage is multiplied by your retired base pay. Soldiers who entered active duty after September 8, 1980, will have their retired base pay calculated as the average of their “high 36-months” of basic pay.

Disability retired and severance pay awarded to Soldiers who were not members of the Armed Forces on September 24, 1975, is considered taxable by the Internal Revenue Service. An exception exists for a Soldier receiving separation or retired pay by reason of a combat-related injury. The Physical Evaluation Board (PEB) will make combat-related determinations on all cases considered.

The 30% disability (on your DoD retirement) is only tax-free if combat-related, and you would only get concurrent-receipt if the combined VA disablities is over 50%. So, the VA disability payment would be tax-free, but you would lose dollar-for-dollar from your DoD retirement pay. (i.e. $1500 retirement (50% of assumed $3000 FAS) with 30% VA = $1111 taxable DoD retirement pay + $389 nontaxable VA disability pay.)
 
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