MEB results and ARNG retirement

M

MSG Moore

PEB Forum Regular Member
To who ever can Help with info,
I was in Iraq from 2005-2006 with my National Guard unit and was in charge of a security team that conducted route recons and convoy security. The convoys I was protecting came under multiple IED attacks, two of which where direct hits on my vehicle. My team also captured 3 insurgents placing two 155mm rounds by the road. I was awarded a CAB. After returning home I went to my personal DR who diagnosed me with PTSD. He suggested I go to the VA. I went through evals and testing with the VA and in Nov 2009 they rated me at 70% TBI and 30% PTSD with an overall rating of 80%. I currently have 9 years active duty and 11 ARNG time with 4350 retirement points with 30 months left on my current enlistment. My unit is getting ready to doploy to Afghanstan in 2012 and since I have a VA rating of 80% I am being refered to the MEB process by my commander. I went to FT. Knox and was found unfit by a DR who requested I go through the MEB process. I have been doing my new job in the Guard as a Facility deisign engineer successfully since May 2007. How will the MEB look at all the info of my deployment to Iraq and my current job as a Design Engineer and request I be medically retired???? If I am medically retired from the ARNG will I draw my retirement Immediatly or at age 60? If put on PDRL will I draw both my VA and retirement, CRDP?
 
MSG Moore,

Welcome!

If I am medically retired from the ARNG will I draw my retirement Immediatly or at age 60?
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If retired by the PEB under Chapter 61, you will draw the retirement pay immediately.

If put on PDRL will I draw both my VA and retirement, CRDP?
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If you have 20 year letter, you would get CRDP at age 60 (with reduction for time spent on contingency orders).

Don't forget to look at civil service retirement rules, too. Not sure if you are a FERS/AGR/State Tech or what, but there are often provisions that will allow you to get a retirement from them as well.
 
I have 22 years, 4 months total military service. 5 years, 5 months are active duty. Placed on PDRL at 30% in Oct 2011. I am 100% CRSP and 100% VA rating. I have my 20 year letter from the air guard.

Will I be able to get CRDP AT age 60?

Thanks for all your help!
 
Yes, you will get CRDP at age 60. Did you mean that you are CRSC eligible? That should come right away, so it is unclear that you will do better with CRDP.

Glad to help.
 
Yes I receive CRSP now.

Can I ask your advice regarding if I should appeal to the BOC. I am a LTC. I was getting $3189.00 which was my base pay. With the VA offset of 3143.00 I received 28.00. Now with 30% my base pay is 1913.00. I get nothing from retirement due to the offset. I get 1160.00 CRSP.

My VA IS NOT P&T. At the time of my FPEB, I was rated by the VA at 50% and I told them I was awaiting a decision for an increase. The increase was granted retro from Oct 2010.

I Sent a rebuttal and requested PDRL at70%, but was denied and the 30% was upheld. I just don't know what to do.

Please advise!
 
tynabell said:
Can I ask your advice regarding if I should appeal to the BOC. I am a LTC. I was getting $3189.00 which was my base pay. With the VA offset of 3143.00 I received 28.00. Now with 30% my base pay is 1913.00. I get nothing from retirement due to the offset. I get 1160.00 CRSP.

My VA IS NOT P&T. At the time of my FPEB, I was rated by the VA at 50% and I told them I was awaiting a decision for an increase. The increase was granted retro from Oct 2010.

I Sent a rebuttal and requested PDRL at70%, but was denied and the 30% was upheld. I just don't know what to do.

Please advise!
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I would appeal. You can go to BCMR or to Court of Federal Claims. Not sure the strengths or weaknesses of your case but you have nothing to lose and if you are in fact entitled to 70% you will see a huge increase in your compensation. Because the stakes are so high, I would strongly consider hiring an attorney for this. The problem with going it alone is that if you fail to raise an issue before the BCMR, you will not be able to appeal on this new issue in court.
 
I will send you a PM...I try to keep the forums here non-commercial.
 
Thanks Jason,
This is a great forum. I currently have my 20 yr letter but I have until Aug 2013 on my current enlistment until I ETS which will give me 23 yrs total towards retirement, unless found unfit and medically discharged under ch 61 by the PEB. If they rate me 30% or higher I will draw my medical retirement and 80% VA compensation under CRDP because my medical is war related? Is this what I am understanding? I am a M-day soldier with 8 years active and 1year in Iraq, 12 years National Guard.
 
MSG Moore said:
If they rate me 30% or higher I will draw my medical retirement and 80% VA compensation under CRDP because my medical is war related?
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If they rate you at 30% or more, you will be medically retired. You will get Combat Related Special Compensation (CRSC) if they make a combat related finding (which sounds probable based on what you wrote). At that point, you look at getting a restoration of the normal offset of military retirement pay in favor of VA pay by virtue of CRSC. So, its not that you automatically get full military and VA pay. You have to do the calculations.
 
Thanks Jason
I talked to my Peblo and was told that my packet was ready to sign and
That I had seven days to concur or non concur. I got a call back the next day
And was told that the MEB found some congnative issues in my physc evals
That needed to be addressed and that it could be a couple more months before
It is ready to be signed. My Peblo said that it could be a good thing. What do you think?
I looked it up and found out that poor congnativity could be due to brain damage.
 
Jason,
I'm back, finally after the meb and peb process. I was put on the PDRL for a DOD rating of 60% TBI and 10% PTSD. I am rated 70% TBI and 30% PTSD from the VA. So the only condition I filed a CRSC claim for was the TBI since it is the only condition above 60%. I sent the CRSC department copies of the MEB, PEB and VA results all stated that TBI was combat related. The only documentation supporting TBI was my CAB award and several serious incident reports (SIR) which documented IED's detonation on or near my vehicle while serving in Iraq. I never saw a military doctor for my symptoms. Once I returned home I began treaent from the VA. Since there is no medical documentation stated I suffer from the symptoms of TBI other than the evaluations from the MEB, PEB and VA. Will I be denided CRSC?
I know your not a fortune teller but from your past experience you might have an answer. Thanks Jason. MSG Moore Retired:)
 
Congratulations on the retirement finding! As for the answer to whether they will deny you CRSC, it is really impossible to guess. But, from what you wrote, it seems that they should grant it. I am not 100% clear on whether your should have claimed other conditions than TBI- it seems to me that you should have, but maybe I am missing something.

I hope it all goes your way!
 
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