Possible MEB at 18.5 years Active Army. Need advice

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Landon_Bud

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Registered Member
I have a few questions and need some advice/guidance on a possible MED Board situation for me. I'm currently an E8 in the Army with 18.5 years of active duty service. As I'm writing this message, I'm on day 34 of 60 of convalescent leave for a total knee replacement on my right knee. This has been the fifth surgery on my right knee since 2011. Since my first surgery in 2011, my main objective has always been to rehab and get back to the fight to lead Soldiers as fast as I could, but over time my mentality has changed. With the damage to my knee, my age, time in service, and attitude already knowing I don't want to spend a day over 20 years in the Army, it may be time to put my foot on the brakes and try to take care of myself to begin the transition into civilian life. I've reached out to everyone I can think of here at the small Army community I'm assigned to in Germany, but not a lot of people have any knowledge or advice for me. I've searched your forum and the internet, but things still seem a little unclear to me.

The main struggle I'm having is trying to understand what's the difference between getting medically retired versus regular retirement. If medically retired, will I still receive all of the benefits and compensation as if I retired at 20 years of service? Will I gain or lose anything? I'm considering MEB because I don't think I can physically do it anymore, and if I begin to feel like that, then I think it's time to move on.

Also, I have other medical issues that will contribute to the MED Board process like mental (PTSD) issues I've been getting treatment for since 2013 and other physical limitations you occur over an 18-year career in the Army.

I have briefly talked to my medical provider about a possible interest in MEB, but nothing has been initiated at this point.

Thank you for any advice or guidance provided.

Landon
 
If you are retired with less than 20 years active duty (in your case), you will not be eligible for CRDP.

Roughly:
--Your DoD disability retired pay will be reduced by the amount of VA compensation received.
--It will not be restored by CRDP as you will not qualify.
--Obviously, that is a substantial loss of monetary benefits.

You might qualify for CRSC which replaces some or all of waived/offset retired pay. See A Supplement to CRSC Information <---LINK

Ron
 
i do not know what others will say, but I recommend getting 20 years. If you do, you can get your retirement as well as your VA disability %. At least that is the way I understand it.
 
From DFAS:

Concurrent Retirement and Disability Pay (CRDP)
Concurrent Retirement and Disability Pay (CRDP) allows military retirees to receive both military retired pay and Veterans Affairs (VA) compensation. This was prohibited until the CRDP program began on January 1, 2004.

CRDP is a "phase in" of benefits that gradually restores a retiree's VA disability offset. This means that an eligible retiree's retired pay will gradually increase each year until the phase in is complete effective January 2014.

You do not need to apply for CRDP. If qualified, you will be enrolled automatically.

Eligibility
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.

Under these rules, you may be entitled to CRDP if…

  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
---
Ron
 
The main thing 20 year vs chapter 61 medical retirement prior to 20 is CRDP. Basically once you have 20 and are rated 50% or higher VA, you’ll get the combination of retirement pay plus VA compensation. If less than 20 (except TERA) you get the the full amount of one but the other is subtracted, you don’t get the full amount of both.

There are strategies to make it to 20. First nonconcur with every piece of paper they put in front of you. You’ll have at least 6 levels of appeals. Each one you get 10 days to review with your JAG before signing, take the full 10 days. This alone gets you an extra 60 days. Then each appeal will have its own timeline from a week or two to a month or two. Also start saving all of your terminal leave, that counts towards your 20.

Levels of appeal:
1. IMR
2. MEB
3. PEB
4. IPEB/FPEB
5. VARR
6. Disability Agency appeal
 
Reference: LINK to DFAS info pertaining to waiver of retired pay <---

Understanding the VA Waiver and Retired Pay/CRDP/CRSC Adjustments
Many military retirees who are eligible for DoD retired pay are also eligible for VA disability pay. The laws and regulations that apply when a retiree is eligible for both types of pay are complex and can be confusing.
The law requires that a military retiree waive a portion of their gross DoD retired pay, dollar for dollar, by the amount of their Department of Veterans Affairs (VA) disability compensation pay; this is known as the VA waiver (or VA offset).
Some retirees who receive VA disability compensation may also receive CRDP or CRSC payments that make up for part or all of the DoD retired pay that they waive to receive VA disability pay.
Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC)
There are two programs that were created by Congress to allow eligible military retirees to recover some or all of the retired pay that retirees waive for VA disability pay.
The first program, Concurrent Retirement and Disability Pay (CRDP), is a monthly payment to restore retired pay for those with service-connected disabilities who waive retired pay for VA disability pay. You do not need to apply for CRDP. When DFAS is notified of your VA disability compensation pay, if you are eligible for CRDP, we will process and pay your CRDP on the regular monthly pay schedule. For information about CRDP and eligibility, please see this website page:
https://www.dfas.mil/retiredmilitary/disability/crdp.html

The second program, Combat-Related Special Compensation (CRSC), is a special entitlement for combat-related disabilities. You must apply to your Branch of Service to receive CRSC pay. For information about CRSC and eligibility, please see this website page:
https://www.dfas.mil/retiredmilitary/disability/crsc.html

Ron
 
You might want to wait another year to initiate it with you med provider. that way you make sure and make your 20.
 
I would highly suggest you do not initiate an MEB and stick it out to 20. I would drop your retirement at the first possible chance, that way if they do force an MEB, you have a decent shot at being found fit due presumption to having an already approved retirement.
 
Thanks for all of the input, I appreciate it! I still have a ton of research to do but it appears that I need to make sure and hit that 20 year mark. Looks like I'll probably initiate MEB at 19.5 years.
 
Landon_Bud said:
Thanks for all of the input, I appreciate it! I still have a ton of research to do but it appears that I need to make sure and hit that 20 year mark. Looks like I'll probably initiate MEB at 19.5 years.
Click to expand...
you dont inititate it. your PCM does
 
tony292 said:
The main thing 20 year vs chapter 61 medical retirement prior to 20 is CRDP. Basically once you have 20 and are rated 50% or higher VA, you’ll get the combination of retirement pay plus VA compensation. If less than 20 (except TERA) you get the the full amount of one but the other is subtracted, you don’t get the full amount of both.

There are strategies to make it to 20. First nonconcur with every piece of paper they put in front of you. You’ll have at least 6 levels of appeals. Each one you get 10 days to review with your JAG before signing, take the full 10 days. This alone gets you an extra 60 days. Then each appeal will have its own timeline from a week or two to a month or two. Also start saving all of your terminal leave, that counts towards your 20.

Levels of appeal:
1. IMR
2. MEB
3. PEB
4. IPEB/FPEB
5. VARR
6. Disability Agency appeal
Click to expand...


Although this is accurate, I don't recommend it. Unless you really really like just sitting around and stress.

Make no mistake about it, the MEB process can be very stressful. Can also be associated with stigma in your Unit. You don't know your outcome(s) for months or even a year on end, and this approach intensifies this. Planning for the future, home buying, searching for work, is very difficult when you don't know your future. Despite your injuries/disabilities, if you plan on remaining at least somewhat engaged helping or serving others, this can interfere with that.

The MEB process, IMO, is the first time for you to really, truly, focus on yourself and getting better. Do that. But, (again, IMHO), if you really do this one can really only do this well for 6-8 months. Then the "moving on" itch really begins. Life after the military can be wonderful. In an MEB you get a little taste for that but that can be bitter if you are still AD for 12-24 months. You are still AD. All rules and regulations still apply.

Additionally, appeals are based on two assumptions (1) that you are unhappy with the way things turned out and (2) they will improve with an appear.

Neither of these things are true. (1) I know many of folks that are happy with their ratings the first time around. I was. My PEB gave me a good deal and VA gave appropriate ratings. (2) Appeals can turn things for the worse. ESPECIALLY for VA ratings or if PEB knows that ratings were done in good faith.

Serve another year. Push for MEB at 19.5 yrs.
 
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