Decoding the 199

While preparing to meet with the attorney on monday, I noticed what may be inconsistencies on my 199, and would like some help to determine if my train of thought is on point.

The narrative on my 199 for Disability 1 reads: "The onset of this condition began in 2005 when he lost consciousness during a parachute jump while assigned to Fort Bragg, landing hard and complained of back pain (V1/V3-Yes)".

I have determined that the V-codes relate to Section V of the 199. That being said, should this not also be rated as "V4-Yes", also? However, according to Section V(4) of my 199 it states: "The disability severance pay was NOT awarded for disability incurred in a combat zone or incurred while performing combat-related operations as designated by the Secretary of Defense"

Now, from my understanding, "combat-related operations" include not only war, but also Hazardous Duty, Instrumentality of War, and Simulated War. That being said, being assigned as a Paratrooper in the 82nd Abn Div, I was on hazardous duty orders, and receiving hazardous duty (parachute) pay. Not only that, but a C-17 Airplane and a T-10D parachute are unique to the military and fall within the guidelines of "Instrumentality of War". Furthermore, a nightime Airborne Operation with full combat load, and the objective to seize an Airfield would be considered "Simulated War". Am I looking at this correctly?

In the end, I am hoping to have my sciatica added to my unfitting conditions, so I will not have to worry about recoupment of severance by the VA (which isn't that big of a deal anyways). But, if I do take the severance, I will be losing a HUGE chunk due to taxes and also being considered Federal Gross Income.

As always, and insight is welcomed!

 

[Dcmd124]

Furthermore, a nightime Airborne Operation with full combat load, and the objective to seize an Airfield would be considered "Simulated War". Am I looking at this correctly?

In the end, I am hoping to have my sciatica added to my unfitting conditions, so I will not have to worry about recoupment of severance by the VA (which isn't that big of a deal anyways). But, if I do take the severance, I will be losing a HUGE chunk due to taxes and also being considered Federal Gross Income.

As always, and insight is welcomed!

I concur that if your injury was incurred while doing a jump that it should be listed as Simulated War. This injury should be tax-free whether you receive Severance or Retirement.

Good luck to you.

 

[maparker]

V4 deals with where it happened, not how it happened. If the unfitting condition incurred in a combat zone, it is eligible for enhanced severance benefits (minimum of 6 years for severance calculation and protection from VA offset).

Your unfitting condition incurred at Fort Bragg which is not a combat zone.

Your unfitting condition is combat related (V1, V3 Yes) and thus the disability severance/retirement is tax free but still it is still subject to the VA offset.

What is your DoD rating? What is your VA rating?

Mike

 

[HiOffcr]

Thank you both. The big thing is that is is not taxed....thank GOD.

Maparker,
I understand what you are saying, but the narrative on the 199 for V4 is misleading, as it states "disability incurred in a combat zone OR incurred while performing combat-related operations as designated by the Secretary of Defense".

I would assume that everything after "OR" should be removed, or substituted for "AND" if it were to designate an award for injuries incurred in direct combat. Alas, over 12 years, I have learned....nothing is as it seems.

 

[HiOffcr]

Maparker,
My last post got me to thinking....is there any provision under V4 for aggravation of the original injury? In my case, I had been doing fairly well, with moderate daily pain (4 out of 10 on average), until my most recent deployment. Having sustained an 80lb IED blast while conducting a Route Clearance mission, my symptoms were exacerbated. There is radiologic proof (pre-deployment MRI and post-deployment MRI) that show significant changes in my spine.

The recoupment will hurt me in no form or fashion, however, as an NCO I like to be well informed. I am the Sr. Medic for my unit, and oversee a dozen Soldiers who are in the MEB process. Many of them are not proactive with their cases, as they are young Jr. Soldiers who just "want it over". I share as much knowledge as I can, and have helped quite a few with information found here. And there are several who fall into the category of aggravated injuries.

 

[maparker]

I would be worried more about the severance recoupment than the tax-free status. Tax-free status means you won't lose a percentage due to taxes. Recoupment means you will lose the entire amount of severance via a VA offset of an equal amount. It looks like you have at least 10 years on so the amount of severance would be a hefty chunk of change.

If an unfitting condition become worse in a combat zone to the point it then became unfitting, then V4 should be yes. You would have to make the argument it wasn't unfitting until is was aggravated in a combat zone.

The term combat-related operations is not the same as combat related. Combat related operations is a geographical location where combat operations take place but the area has not been declared a combat zone. For example, when the SEALS went into Pakistan to take out Bin Laden, Pakistan was not a combat zone but it was a combat-related operation thus an unfitting condition incurred during the operation would be eligible for enhanced severance pay.

What is your current DoD rating? It sounds like you would be better off with disability retirement as you would be eligible for CRSC given you have combat related conditions.

Mike

 

[HiOffcr]

My current DoD rating is 10%, with proposed VA Rating of 100%. I currently have 12 years AD service

As far a recopment, it is my understanding that the VA will recoup at the 10% disability rating (about $130 a month), until the full amount is recovered. Is this correct? At that rate, my calculations show that it would take about 50 years.

 

[GIjoe1]

My current DoD rating is 10%, with proposed VA Rating of 100%. I currently have 12 years AD service

As far a recopment, it is my understanding that the VA will recoup at the 10% disability rating (about $130 a month), until the full amount is recovered. Is this correct? At that rate, my calculations show that it would take about 50 years.

 

[GIjoe1]

I work at the Soldiers' MEB Counsel office. Great forum. However, if you are working with an attorney w/one of the many SMEBC offices nation wide you should listen to the legal advise given by the JAG /DA Civilian MEB attorney who is a subject matter expert. I see some bad info on this page. That being said. 10 % Army/PEB rating / 100% VA rating?! That sounds like you have some stuff you should definitely work with the attorney about getting added to the DA 199/PEB site. Severence is not something you want. Do all you can to fight to get 30% or higher rating from Army. Tricare for life is only $580 yr for family coverage! Plus post privileges and full retiree services from Army.

 

[HiOffcr]

GIJoe,
Can you elaborate on the on the bad info? You can message me if you prefer.

 

[Warrior644]

I work at the Soldiers' MEB Counsel office. Great forum. However, if you are working with an attorney w/one of the many SMEBC offices nation wide you should listen to the legal advise given by the JAG /DA Civilian MEB attorney who is a subject matter expert. I see some bad info on this page. That being said. 10 % Army/PEB rating / 100% VA rating?! That sounds like you have some stuff you should definitely work with the attorney about getting added to the DA 199/PEB site. Severence is not something you want. Do all you can to fight to get 30% or higher rating from Army. Tricare for life is only $580 yr for family coverage! Plus post privileges and full retiree services from Army.

Welcome to the PEB Forum!

Indeed, obtaining the services from the JAG/DA Civilian MEB attorney may seem like the optimal solution for representation albeit it definitely wasn't available within the NCRPEB during my two FPEB hearings for sure!

In retrospect, I was assigned a PEB military attorney who eventually turned out to be an unprofessional, unreliablely deceptive commissioned officer with a very lackadaisical work ethic and a zero percent sense of urgency...hmm enough said about that at this point!

To that extent, if I personally didn't perform contingency operations for the self-generation of applicable PEB documentation during my FPEB hearing, the results would have definitely been totally in the dumps unfortunately in reference to the VARR request submittal and FPEB hearing appeal submittal for sure in my opinion!

At the end of the day while in the DoD IDES process, I was partially successful in the obtainment of favorable PEB results. Hmm, who knows? Maybe, I could have been 90 to 100% successful during the FPEB proceedings only if I had much better SPEBC legal representation!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[maparker]

If your VA is 100% P&T, you will end up with retirement like benefits with CHAMPVA replacing TRICARE. However, there is always the potential the P&T status could be revoked, depending on the conditions and other factors.

You are correct about the severance being withheld at the 10% factor. This is general true. More specifically, the VA will withhold the difference between your VA compensation calculated without the unfitting condition and you VA compensation with the unfitting condition. If you are still at 100% VA without the unfitting condition figured in, there will not be an offset of your severance. In short, the VA must pay you what you are due without the unfitting condition included in the rating. If the unfitting condition does not increase your VA rating, there is no offset.

There are a lot of factors at play in your case that would determine if disability severance or disability retirement is the best option.

Mike

 

[HiOffcr]

Warrior,
I completely understand! My assigned attorney during the initial MEB portion was simply useless, and has subsequently been relieved of duties on the SMEBC.

 

[Warrior644]

Warrior,
I completely understand! My assigned attorney during the initial MEB portion was simply useless, and has subsequently been relieved of duties on the SMEBC.

Indeed thanks, but very unfortunate for us!

Well hopefully, the SMEBC is now fully aware of its internal issues; therefore, rectifying those concerns immediately to ensure proper DoD IDES legal representation to all others within the IDES process!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!