10 USC 1372: Grade on retirement for physical disability: members of armed forcesText contains those laws in effect on January 4, 2019
From Title 10-ARMED FORCES
Subtitle A-General Military Law
PART II-PERSONNEL
CHAPTER 69-RETIRED GRADE
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§1372. Grade on retirement for physical disability: members of armed forces
Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:
(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.
(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 105 ; Pub. L. 104–201, div. A, title V, §577, Sept. 23, 1996, 110 Stat. 2536 .)
Hi Tony; congratulations.
I was going over tread and I figured to bounce of some Q&A to you. Appreciate your fill in on this matter...
***Need Experience and Expertise on the Following
**
I'm new at this site; and thank you all for your service.
This is my current situation;
Current M-day Soldier; with 20 years this August 2019; this is a combination of Active and National Guard with multiple deployments.
1. I am rated at 40% VA (tendonitis; and lower back (herniated disc) due to carrying rucksack as a grunt/scout. I also, have a pending skin condition; and mental that I've developed throughout the years of being in the service; loosing a Sniper buddy etc. The two claims (skin, mental) is currently with the VA and will likely take 6-18 months before I get my C&P. VA denied my mental and skin condition, which I got a lawyer involved, will not take the chance.
2. If I fail to promote by August; I will likely be removed from the military; as I've reached my maximum time in grade/TIS. Promotion will not likely happened, due to my mental health; my security clearance stripped to less than interim security clearance due to suicidal ideation.
3. I've observed my conditions getting worst, and is affecting me daily, including a monthly follow-up with the VA because one of the medications that I've taken for the last year; has thrown my cholesterol level all over the place; and often causes headache, and at times being in bed for a whole day; at times, I just feel like ending it all; the only thing that's keeping me afloat is my two little girls ages 7 and 9.
4. Goal: 30% medical disability.
Question;
1. Should I move forward with PEB/MEB prior to mandatory removal? Otherwise, I will be removed and will not have the opportunity to go through PEB/MEB.
2. With the pending VA claims; will PEB/MEB take the pending medical conditions into consideration? Although, I have not been rated by the VA?
Appreciate your fill-in or any other experts in the forum.