Hello everybody. I am currently through the MEB and been found Unfit for duty. All VA C&P’s are complete and with the PEB now. I am at 17 years of Active duty (AGR) and 22 years in the National Guard, my question is will I be offered an Active Duty Medical Retirement (Collect right away) or a National Guard Retirement (Collect at 58.5)? It’s a stressful point in this process waiting for a decision to be made. Any help would be appreciated
Retirement offer consideration
- Thread starter SFCMR86
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You will get an immediate retirement via chapter 61 retirement but any VA compensation that you get will be offset your chapter 61 pension. That only happens if your total DOD% is 30% or higher. Less than 30% and you will decline severance and get put in gray area awaiting pay and then you will need to apply for VA compensation again and collect VA pay in the meantime until you reach the age for your Guard retirement. 6 months from reaching the age to retire you can apply and get your Guard retirement.
So here's hoping your DOD% is 30% or higher. The reason you can't get severance is because if you accept it you forfeit your earned guard retirement. My wife was in the same exact situation. 17AFS with 20 good years. She was an O4 and she was in the AGR program.
What you want is the highest DOD% that you can get because that is your income floor. Also, start researching CRSC. CRSC helps you claw back money lost due to the VA offset up to the amount of the value of your pension assuming your CRSC% is high enough. Getting 30% DOD is the most important. That because you immediately get retirement including Tricare for you and your family. If you can apply for CRSC and max it out then you will be getting the most compensation you can get since maxing out CRSC means your total compensation will be the value of your VA compensation + the value of your earned longevity guard pension. If you do that, then you don't need concurrent receipt of retirement guard pay + VA compensation which you get at 58.5 according your your words. If you can't claw back the max amount lost due to VA offset then you will be losing compensation until you reach the age for your Guard pension. If you end up needing to get the Guard pension make sure to apply 6 months before reaching eligible age.
Thank you for clarifying this for me. My understanding was along the same lines. It’s seems either way, since I’m over the 20 years mark for “good years” and not AFS I will have to wait.
Being AGR and working toward a AFS retirement, I was not given a choice to be placed in the MEB as I submitted medical/prescription documentation as instructed. I feel forced to go through this process due to injury sustained on duty and now it seems I forfeit the opportunity to get the AFS retirement, in which I was going for.
I keep hearing that I’m over 15 years AFS that I’ll be G2G, but I haven’t seen anything in relation to that. PEBLO refers to my 20 years letter (Guard) as the basis for retirement. Just wondering what you thoughts would be on this? Sounds like I’ll be waiting until I’m 58.5 anyway.
Being AGR and working toward a AFS retirement, I was not given a choice to be placed in the MEB as I submitted medical/prescription documentation as instructed. I feel forced to go through this process due to injury sustained on duty and now it seems I forfeit the opportunity to get the AFS retirement, in which I was going for.
I keep hearing that I’m over 15 years AFS that I’ll be G2G, but I haven’t seen anything in relation to that. PEBLO refers to my 20 years letter (Guard) as the basis for retirement. Just wondering what you thoughts would be on this? Sounds like I’ll be waiting until I’m 58.5 anyway.
Not true about 15 AFS being good to go. Plenty of Soldiers get kicked out with severance at 15,16,17 years etc. Your 20 year letter is your safety net. So worst case scenario is that you get kicked out and collect VA compensation until you can apply for your non regular retirement (That's the name for a Guard or Reserve retirement).
There is a 15 year letter for those who have 15 good years but haven't reached 20 good years. That's a special safety net for Guard/Reservists. However, a 15 year letter doesn't qualify for getting concurrent pay of non regular retirement + VA compensation. Since most have more VA compensation than their pension that means they miss out on their earned retirement in those situation unless they get approved for CRSC.
I will send you some private attorney references if you want to look into them. They are expensive but worth it. My wife hired one from the very start of the process before she went to any VA exams. It changed the course of our financial future. She maxed everything out and that allowed me to sell my business to take care of my wife since her health issues are chronic. I highly recommend that everyone that has a lot to lose/gain to hire a private dedicated attorney.
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