Medical Retirement from National Guard

Q

quemao

PEB Forum Regular Member
When I returned from Iraq in 05 I did exactly what the Army told me to do if I had a problem, GO TO THE VA. I returned from my 18 month activation an went back to drilling status. I put in for service connection and recieved 60% disability. I am still drilling while I wait for my PEB. It's been 2yrs. I heard that to be medically retired from the NG you have to have 15 good yrs of service. I have 15 yrs of service but only 14 years good years. If by any chance they give me my PEB before I get my 15 good years, what will happen? Will I get screwed out of a medical retirement? Is what I heard about the 15yrs true? Your response in this matter will be greatly appreciated.
 
quemao,

That is not true about needing 15 years. If you are on orders for more than 30 days and are injured, you are eligible. There are also provisions for retirement if you are injured on your way to or from drill or while you are on IDT status.

There was a temporary law that granted early retirement at 15 years (called Temporary Early Retirement Authority, or TERA). There is a provision of the law, at 10 USC, Sec. 12731b. that allows for 15 years retirement of reservists with non-duty related unfitting impairments. That may be what you had heard about.

If you are referred to a PEB your case will be processed the same as for a member of the active component (unless you are referred for a "Non-duty related case," which does not sound like your situation). The main difference with a reserve component case is that your retired base pay is computed under the average of the last 36 months of actual active service (or average of total months if you have less than 36 months on active duty). Otherwise, the processing is generally the same.

Please let us know any questions.
 
Be careful, not sure you can drill with that VA rating? I think 30% retires you? However, if you have 60% you may have to pay a %age back...30 days divided by your drill pay...if you VA is more you may have to back pay? But I did see somewhere that as long as you don't drill the same time your VA check comes; then you are good? But I can't find it anymore
 
The VA will not pay you while you are on duty. So they will determin how many MUTA's you drilled and any other active days (AT, ADSW) and not pay your disability for that number of days.
 
Actually, the VA WILL pay you while you are drilling, however, it will be an error that you will be held responsible for. A couple of misconceptions I noticed:
1) There is no percentage of disability from the VA that directly causes discharge. A soldier can even receive 100% disability from the VA and still drill, however the soldier drills for retirement points only (this begs the question though, of how a soldier can be considered 100% disabled and still be deployable-Thats what profiling and the medical boards are for if used properly)

2) The 15 year rule has gone back and forth several times. Right now the rule is that you qualify for medical retirement at 15 years for duty related conditions (you'll need an LOD), however, to properly access this, you will need to go through an MEB then to a PEB and finally, a referral to the PDES. The PDES will determine what percentage of disability you will recieve and encourage you to take a lump sum payment. DON'T TAKE THE LUMP SUM! They will tell you how much you will be awarded, but that is a pre-tax number, and it also negate your retirement at age 60-leaving that one check and VA care as your main benefit (at least this is the way the process was explained to me). If they send you a check each month, you can retain your retirement benefits.
The other piece of that is that you can take your results from the PDES to the VA and they will review thier disability rating and generally increase it as the AD is notoriously stingy.
 
Edward.Baker said:
2) The 15 year rule has gone back and forth several times. Right now the rule is that you qualify for medical retirement at 15 years for duty related conditions (you'll need an LOD), however, to properly access this, you will need to go through an MEB then to a PEB and finally, a referral to the PDES. The PDES will determine what percentage of disability you will recieve and encourage you to take a lump sum payment. DON'T TAKE THE LUMP SUM!
Click to expand...

Ed,

I just want to clarify. From how you describe 15 year "rule", it is no different from any other length of service (i.e., you have to go through the PDES process). The only 15 year provision out there is for reservists with Non-LOD unfitting conditions. Oddly enough, these folks can retire.
 
True, the primary difference being the LOD gives the soldeir access to disability pay, while the non-duty related does not-they are simply discharged for medical retention disqualification. Sorry for the confusion.
 
I'm kind of in the same boat. I'm 90% combined service connected through the VA. I got a Rating of PTSD 50%, but it's my feet that give me the most problem. I'm 30% for a bilateral foot condition along with ankle instability. I'm also 10% for TMJ with clicking, bruxism and trusmus (sp?), which isn't my highest rated condition, but gives me a lot of trouble. Sometimes I can't eat because I can't chew.

Anyway, like everybody else that's been there, I feel like a sh*tbag. I have over 400 combat patrols under my belt, but I just don't think I can do this anymore. Physically. I mean I'm 38 years old. There's a reason atheletes retire at my age.

What do you do? Just show the doc the VA letter at your next annual physical? I literally, physically cannot do the infantry anymore, but I'm about 4 years short of 20. Can I still retire?
 
BlisterAgent,

Welcome! First, if you cannot perform in your MOS and grade, you may be retired medically. But it is to your great advantage to make it to 20 years due to the interaction of DoD and VA compensation. I don't know if that is a possibility for you physically, but it is something to consider.

As far as getting referred to the PDES, you may show your award letter at the physical and that will likely trigger an MEB. The other common route is if you get a profile that triggers an MEB. Finally, your commander could request a Fit For Duty physical for you earlier than your regular scheduled physical.
 
First of all I would like to say that I am happy to find all the good information posted here. I am a 31 year service member, 3 years active, 18 month deployment on OIF in 2005 and 2006. I have a 30% VA disability rating. I am also full time Federal Technician (dual status). I had a brain aneurysm last year, and have somewhat recovered from that. My physical problems have caused me not to keep up with APFT requirements, mainly due to the disabilities while deployed which I receive the 30% disability. I am considering pushing the issue that my medical condition prohibits me from preparing and passing the APFT. I would do this to preempt the Guard forcing me into retirement. Which I believe I would get nothing. I am trying find out if I am entitled to any benefits by being medically discharged??
 
chrissaliem,

Welcome! I am glad you found us.

If you are found unfit by a Physical Evaluation Board, you will be entitled to severance pay or retirement. Since you are in receipt of a 20 year letter, if offered severance you may decline and opt for length of service retirement. Basically, your retirement benefits are protected and depending on the outcome you may do better under disability processing. You should start with the Overview of MEB/PEB Processing thread (link is in my signature block) to get an overview of your rights.

Also, with more than 20 years of reserve service, you will at a minimum, be able to qualify (if otherwise eligible) for concurrent receipt of DoD and VA compensation at age 60. If you have 20 years Active Federal Service, you can receive concurrent pay upon retirement.

Please feel free to ask any questions.
 
RikersIsland1

You stated if your injury was combat related you can still be retained as a civilian Tech. Could you tell me where you found that information or any referances? I am in the same boat. I am a Federal Tech. facing an MMRB from my deployment to Iraq. Any information on this would be helpful.
 
RikersIsland1

You stated if your injury was combat related you can still be retained as a civilian Tech. Could you tell me where you found that information or any referances? I am in the same boat. I am a Federal Tech. facing an MMRB from my deployment to Iraq. Any information on this would be helpful.
Click to expand...
zr600in07,

Sure can. Its in the 2008 NDAA signed by President Bush 28 January 2008. But expect to get the Deers in headlights look from the NG and Reserves and probably the Civilian Personnel Branch.

H. R. 4986—96
Subtitle B—Reserve Component
Management
SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE SELECTED RESERVE DUE TO COMBAT RELATED DISABILITY.

Section 10216 of title 10, United States Code, is amended by inserting after subsection (f) the following new subsection:

‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS DUE TO COMBAT-RELATED DISABILITY.

—(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as

‘‘(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and

‘‘(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.

‘‘(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.

‘‘(3) Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.’’.

Click on the link below for the entire 2008 NDAA text, look for SEC 511.

GovTrack: H.R. 4986: Text of Legislation, Enrolled Bill

Hope this helps.
 
This is very interesting, I wonder if there is anyone out there that had this process worked for them. Thanks for the info!
 
This is a new law and I have not heard or seen anyone use this. This is not to discourage you, what it means is that you may have to educate the personnel
folks on the law and/or you may have to fight for your rights.

If you decide to pursue this, it would be great if you let us know how it goes.
 
Like I said, expect to get the Deers in headlights look from the NG and Reserves and probably the Civilian Personnel Branch. But its the law, so it applies to those in like situation.
 
I too am a civilian Tec required to be in the Guard to keep my job. I do not qualify as i was injured in a combat zone not combat injured. I am sure it will be up to your AG and remember the law states "person may be retained"

Good luck I hope it works out for you.
 
:"may be" seems the key word. You are correct. But it has to be the result of a combat-related disability.
 
i am in the same boat as you. i returned from iraq and went to the va and recieved 50% and i also went thru an exam with my mtf and recieved a permanent profile with a recommendation for medical discharge. i only have 13.5 good years. how will the 15 year medical retirement effect me.
 
You must log in or register to reply here.
Top