Question about my findings

S

Sj81

PEB Forum Regular Member
Registered Member
Good day/evening to all,

I hope I am posting this on the correct forum section. I am currently on Terminal Leave with official retirement date of 28 Aug 2023. I will have about 21 years and 7 months by the time I retire. I have 2 deployments as an Infantryman back in 2004 and 2009. I was never diagnosed for PTSD after my first deployment due to me not wanting to get discharged for PTSD and MDD. I sough MH Health since 2006. My final disposition from PEB is TDRL with 70% DOD / 100% VA and I have some questions. Any information would be greatly appreciated! (I have searched the forums and couldn't find the answers)

I was reading my Proposed VA Ratings that was sent to PEB and reviewing my 199 today and wanted to ask about some discrepancies. On the NARSUM states that my VA Psychologist confirmed that my PTSD with MDD was related to my in-combat stressors. But my PEB finding states that it was not combat related. I know it's too late now and I have to wait until after my discharge date, but is there a way to change this after my retirement date?

Has anyone seen VA changing their findings from TDRL (Proposed) to PDRL (Final) when you get your final VA ratings letter?

During my initial appointment with MPD, they stated that because I have over 20 years and have 70% DoD ratings that my retirement will be 70% of average high-36 month of pay. I thought I could only get my longevity % of 52.5%.

Once again, thank you for always giving the right guidance!
 
Sj81 said:
Good day/evening to all,

I hope I am posting this on the correct forum section. I am currently on Terminal Leave with official retirement date of 28 Aug 2023. I will have about 21 years and 7 months by the time I retire. I have 2 deployments as an Infantryman back in 2004 and 2009. I was never diagnosed for PTSD after my first deployment due to me not wanting to get discharged for PTSD and MDD. I sough MH Health since 2006. My final disposition from PEB is TDRL with 70% DOD / 100% VA and I have some questions. Any information would be greatly appreciated! (I have searched the forums and couldn't find the answers)

I was reading my Proposed VA Ratings that was sent to PEB and reviewing my 199 today and wanted to ask about some discrepancies. On the NARSUM states that my VA Psychologist confirmed that my PTSD with MDD was related to my in-combat stressors. But my PEB finding states that it was not combat related. I know it's too late now and I have to wait until after my discharge date, but is there a way to change this after my retirement date?

Has anyone seen VA changing their findings from TDRL (Proposed) to PDRL (Final) when you get your final VA ratings letter?

During my initial appointment with MPD, they stated that because I have over 20 years and have 70% DoD ratings that my retirement will be 70% of average high-36 month of pay. I thought I could only get my longevity % of 52.5%.

Once again, thank you for always giving the right guidance!
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First of all TDRL final exam is done by your branch of the service. So whatever the VA finalizes for ratings won't change even if your branch lowers it before putting you on PDRL. Since you have 20+ years of Active Duty you will max out your compensation via CRDP regardless whether the retirement part is based on your DOD% or your longevity% since you will get at most the combined amount of total VA compensation + Longevity earned assuming your total VA % stays at 50% or above.

Were any of your unfitting conditions designated as combat related by the PEB? If so you will want to continue to seek treatment and try to keep the 70% to convert to 70% PDRL because your pension is tax exempt. If your branch were to lower it on PDRL to 50% your retirement would be based on your regular longevity retirement and you would lose the federal tax exemption on your pension resulting in getting less net pay. If none of your conditions in your DOD% were combat related then there isn't much to gain or lose by what your final PDRL% becomes.

VA % and TDRL % are totally separate so finalized VA ratings will be completely separate from when your branch of service reviews your medical records to come to a PDRL % finding and if no one contacts you and your ratings hasn't changed by the 1 year mark reach out to them. If you go beyond 3 years without a TDRL exam and determination you fall off and lose your chapter 61 retirement by default.
 
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Provis said:
First of all TDRL final exam is done by your branch of the service. So whatever the VA finalizes for ratings won't change even if your branch lowers it before putting you on PDRL. Since you have 20+ years of Active Duty you will max out your compensation via CRDP regardless whether the retirement part is based on your DOD% or your longevity% since you will get at most the combined amount of total VA compensation + Longevity earned assuming your total VA % stays at 50% or above.

Were any of your unfitting conditions designated as combat related by the PEB? If so you will want to continue to seek treatment and try to keep the 70% to convert to 70% PDRL because your pension is tax exempt. If your branch were to lower it on PDRL to 50% your retirement would be based on your regular longevity retirement and you would lose the federal tax exemption on your pension resulting in getting less net pay. If none of your conditions in your DOD% were combat related then there isn't much to gain or lose by what your final PDRL% becomes.

VA % and TDRL % are totally separate so finalized VA ratings will be completely separate from when your branch of service reviews your medical records to come to a PDRL % finding and if no one contacts you and your ratings hasn't changed by the 1 year mark reach out to them. If you go beyond 3 years without a TDRL exam and determination you fall of and lose your chapter 61 retirement by defautl.
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Thank you for the response. The problem is that PEB didn't designate my PTSD/MDD as combat related. Also, VA also recommended follow up re-evaluation 6months after my retirement date which PEB agreed on. According to my current BH counselor who recommended me for MEB believes that after my follow up re-evaluation I should go from TDRL to PDRL with the same 70% rating. In your honest opinion, should I seek VA BH or use civilian BH counselor after my retirement? I know I am asking too much, but I want to make sure I get everything done the right way. Thanks!
 
Sj81 said:
Thank you for the response. The problem is that PEB didn't designate my PTSD/MDD as combat related. Also, VA also recommended follow up re-evaluation 6months after my retirement date which PEB agreed on. According to my current BH counselor who recommended me for MEB believes that after my follow up re-evaluation I should go from TDRL to PDRL with the same 70% rating. In your honest opinion, should I seek VA BH or use civilian BH counselor after my retirement? I know I am asking too much, but I want to make sure I get everything done the right way. Thanks!
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Go VA route so your branch of the military can see it easily. If your condition is the same you may get the best result being that your branch views the records and keeps it 70% PDRL and the VA considers the condition static at 70%. My wife needed her mental health static to get P&T and after 6 months the VA reviewed it and changed it to static and she got a letter about now getting chapter 35 benefits. The key is to not change anything after you get out. Focus on being stable. Once your are PDRL then you can make changes to your treatment and try to improve. Going out and starting school, getting a job etc can backfire. Your branch will see that and go wow he improved. Now 30% PDRL. Then 6 months later you flunk out of school or get fired and guess what? You are permanently 30%:(. So focus on treatment and keeping symptoms stable until you can get PDRL by your branch and static by the VA for mental health.

Also, its too late if you are on terminal leave but you could have appealed the combat related designation via FPEB. Since you had 20 year regular retirement as backup I would have gone for it since there isn't anything to lose. If you won your case you would have gotten hundreds of dollars more per month by not having to pay federal income taxes on your pension. Why didn't you appeal it? What did your IDES counsel say about that?
 
Provis said:
Go VA route so your branch of the military can see it easily. If your condition is the same you may get the best result being that your branch views the records and keeps it 70% PDRL and the VA considers the condition static at 70%. My wife needed her mental health static to get P&T and after 6 months the VA reviewed it and changed it to static and she got a letter about now getting chapter 35 benefits. The key is to not change anything after you get out. Focus on being stable. Once your are PDRL then you can make changes to your treatment and try to improve. Going out and starting school, getting a job etc can backfire. Your branch will see that and go wow he improved. Now 30% PDRL. Then 6 months later you flunk out of school or get fired and guess what? You are permanently 30%:(. So focus on treatment and keeping symptoms stable until you can get PDRL by your branch and static by the VA for mental health.

Also, its too late if you are on terminal leave but you could have appealed the combat related designation via FPEB. Since you had 20 year regular retirement as backup I would have gone for it since there isn't anything to lose. If you won your case you would have gotten hundreds of dollars more per month by not having to pay federal income taxes on your pension. Why didn't you appeal it? What did your IDES counsel say about that?
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My IDES counsel said that I could request a formal PEB, but due to my deteriorating mental health conditions while working in USAREC was taking a huge toll. I wanted to go for FPEB but staying in USAREC for additional 3~6 months wasn't beneficial for my mental health.
 
Hello @Sj81

Reference: "During my initial appointment with MPD, they stated that because I have over 20 years and have 70% DoD ratings that my retirement will be 70% of average high-36 month of pay. I thought I could only get my longevity % of 52.5%."

Provis has already answered most of the questions in this thread.

It is assumed that your 21 years PLUS is regular Army.

You said: "During my initial appointment with MPD, they stated that because I have over 20 years and have 70% DoD ratings that my retirement will be 70% of average high-36 month of pay. I thought I could only get my longevity % of 52.5%."

Your retired pay will be:
Average high three base pay x 70% = disability retired pay
However, CRDP covers only longevity retired pay which you stated is 52.5%

You are going to end up with the longevity amount. You might mention that to the MPD.

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 64
* February 2023
64-6

2.3.2. Qualified Career Disability Retirees - 20 Years or More. Such members may receive concurrent Title 10, U.S.C., Chapter 61 Disability Retired Pay and DVA Disability Compensation but, in certain circumstances, may be required to waive a portion of the Title 10, U.S.C., Chapter 61 Disability Retired Pay.

2.3.4. Special Rules for Qualified Career Disability Retirees. The law limits the amount of Chapter 61 Disability Retired Pay that remains subject to the General Waiver Requirement. Specifically, a Career Disability Retiree receiving Title 10, U.S.C., Chapter 61 Disability Retired Pay must waive Chapter 61 Disability Retired Pay, but only to the extent that the amount of Chapter 61 Disability Retired Pay exceeds the amount of hypothetical longevity retired pay to which the member would have been entitled under any other provision of law if the member had not been retired for disability under Title 10, U.S.C., Chapter 61. After application of the limited general waiver requirement, a Qualified Career Disability Retirees will receive their Title 10, U.S.C., Chapter 61 Disability Retired Pay in an amount equal to the dollar amount of hypothetical longevity retired pay. In cases where a Qualified Career Disability Retiree’s hypothetical retired pay computation exceeds their Title 10, U.S.C., Chapter 61 Disability Retired Pay (based on percentage of disability), the General Waiver Requirement does not apply.

Ron
cc: @Provis
 
RonG said:
Reference: "During my initial appointment with MPD, they stated that because I have over 20 years and have 70% DoD ratings that my retirement will be 70% of average high-36 month of pay. I thought I could only get my longevity % of 52.5%."

Provis has already answered most of the questions in this thread.

It is assumed that your 21 years PLUS is regular Army.

You said: "During my initial appointment with MPD, they stated that because I have over 20 years and have 70% DoD ratings that my retirement will be 70% of average high-36 month of pay. I thought I could only get my longevity % of 52.5%."

Your retired pay will be:
Average high three base pay x 70% = disability retired pay
However, CRDP covers only longevity retired pay which you stated is 52.5%

You are going to end up with the longevity amount. You might mention that to the MPD.

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 64
* February 2023
64-6

2.3.2. Qualified Career Disability Retirees - 20 Years or More. Such members may receive concurrent Title 10, U.S.C., Chapter 61 Disability Retired Pay and DVA Disability Compensation but, in certain circumstances, may be required to waive a portion of the Title 10, U.S.C., Chapter 61 Disability Retired Pay.

2.3.4. Special Rules for Qualified Career Disability Retirees. The law limits the amount of Chapter 61 Disability Retired Pay that remains subject to the General Waiver Requirement. Specifically, a Career Disability Retiree receiving Title 10, U.S.C., Chapter 61 Disability Retired Pay must waive Chapter 61 Disability Retired Pay, but only to the extent that the amount of Chapter 61 Disability Retired Pay exceeds the amount of hypothetical longevity retired pay to which the member would have been entitled under any other provision of law if the member had not been retired for disability under Title 10, U.S.C., Chapter 61. After application of the limited general waiver requirement, a Qualified Career Disability Retirees will receive their Title 10, U.S.C., Chapter 61 Disability Retired Pay in an amount equal to the dollar amount of hypothetical longevity retired pay. In cases where a Qualified Career Disability Retiree’s hypothetical retired pay computation exceeds their Title 10, U.S.C., Chapter 61 Disability Retired Pay (based on percentage of disability), the General Waiver Requirement does not apply.

Ron
cc: @Provis
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Thank you for the answer. I figured that I was only authorized my retirement pay can't go over my longevity pay, but my MPD counsel was adamant that I was wrong. That is why I brought this question up to make sure. I always appreciate all the guidance everyone provides!
 
Here is the reference: DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 64
2.3.4. Special Rules for Qualified Career Disability Retirees.
Ron
 
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