Should I pursue medical retirement?

[oldsarge]

I would welcome your advice and any information you can share with me.

I'm a 51 year old M- Day soldier in the ARNG. As of 11 APR 2021, I have 17 years, 4 months and 28 days of service, with some 2500 or so retirement points. I did a tour in Afghanistan for almost a year, and my other 12-15 months active duty time is for various training events so my total AD time is 2 - 2 1/4 years.

I currently have a combined 90% VA disability rating - 20% right shoulder, 10% left shoulder, 10% left elbow, 10% herniated disc, 10% tinnitus, and 70% anxiety/depression/ PTSD. All of these are service connected, and I have LODs for the shoulders, elbow, herniated disc.

I've reached a point where I don't feel I can physically do what's needed to stay in the ARNG, even though I have a non-combat MOS. The Army's new ACFT, most of the PRT exercises, or even just standing at parade rest are quite the painful tasks. I don't want to further injure my shoulder or back, so I am considering pursuing a medical retirement.

Would I be in any danger of being medically separated instead of medically retired?

If I am medically retired, I understand my retirement pay as well as TRICARE coverage for retirees/family would begin at that time, not at age 60 - is that correct?

Would I be eligible to receive both military medical retirement pay as well as my VA disability compensation? Is this even possible?

Any sound advice would be greatly appreciated.

 

[BrokenArrow86]

There are so many unknowns still. But at first glance, it doesn't look like you would get retirement. Depending on what is actually causing your VA% the Army would likely only rate your back as a referred and unfitting condition. So that means military separation is most likely, you would get DoD 10% and keep your 90% VA.

As far as dual retirement and VA.. this currently doesn't happen. You get one or the other. Only 20 year retirements get to dual collect with VA over 50%

With all of that said, I obviously don't know anything about you're injuries and am not a lawyer. Also, there is a "act" being considered by the senate called the Major Richard Star Act. It would allow for Combat injured medical retirees to dual collect retirement and VA (but only if you qualify).