Special Separation Benefit

N

NASHARIF

PEB Forum Regular Member
Hello all,

I have just been notified by the PEBLO that I am being evaluated for retention. I was just recently found unfit for duty, prior to being deployed to Iraq. I am currently 40% disabled (back, knee, ankle) from the VA and awaiting a decision for an increase. I currently have a total of ten active years combined (8active/2reserve -ADSW). In addition, I just had major surgery on my left ankle and still recovering. My question to the audience, since I have 40 % disability rating can they lower my rating or increase it? AND will I have to pay back my SSB payment before I can get a severance?
 
NASHARIF,

Welcome! When you say you were found "unfit", by whom? Was this a guard or reserve administrative determination or part of the Disability Evaluation System (MEB or PEB)? It is confusing, because if you are unfit, you should have been retired or separated.

As far as the question about raising or lowering your rating, which "they" are you talking about? The VA rating can change over time. The military is not bound by VA rating decisions (though they are good evidence of what a correct rating should be). The military, once it rates you, is locked into that rating (unless you are temporarily retired).

As far as the SSB, it appears that the answer depends on which period of service the injuries were incurred in: US CODE: Title 10,1174. Separation pay upon involuntary discharge or release from active duty
Title 10 USC § 1174, "(h)(2) A member who has received separation pay under this section, or severance pay or readjustment pay under any other provision of law, based on service in the armed forces shall not be deprived, by reason of his receipt of such separation pay, severance pay, or readjustment pay, of any disability compensation to which he is entitled under the laws administered by the Department of Veterans Affairs, but there shall be deducted from that disability compensation an amount equal to the total amount of separation pay, severance pay, and readjustment pay received, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986). Notwithstanding the preceding sentence, no deduction may be made from disability compensation for the amount of any separation pay, severance pay, or readjustment pay received because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty. "

(The above applies under Title 10 USC § 1174a. Special separation benefits programs, subsection (g)).

If you were injured during a later period of active or reserve duty (which it sounds like is the case), they should not recoup SSB from military disability compensation.

It seems that the SSB should have been deducted already from your VA compensation. Was it?

Thanks for this question, it is not a common one.
 
Thanks for the fast and precise response.

First, I was found "unfit" by a medical profiling officer, approved by the full bird colonel of the Ft Jackson, Task Force Marshall Mobilization (Reserve enclave) section. The forms that determined my status was DD form 2795 (health assessment), DD form 3349 (Medical Profile). I believe all the paperwork was forwarded to my higher command, HHC Army Human Resources Command, located in St. Louis, MO.

Second, "they" would be the Department of Veterans Affairs. I was honorably discharged under the SSB initiative, then applied for compensation after I got out. The rating eventually became 40%.

Voluntary Discharge Code

Early Release Program – Special Separation Benefit KCB

Third, all of injuries occurred during my active duty time. But I did have major ankle surgery 4/18/08 on an service connected issue.

fourth, the SSB was definitely recouped by the VA before I could draw my disability payments.
 
Jason,

I took the liberty of clarifying my questions, can you answer at your convenience about my topics?

Thanks
 
Since the PEB, if it finds you unfit, will be looking at your current condition, my thinking is that the injury you have now can only be new or an aggravation of your earlier injury. In either case, under the law quoted in the earlier post, they should not recoup your SSB.

Please let us know any questions.
 
Jason,
I am acurrently a Navy SelRes. I was reacalled to active duty and, at the time, was only on oral medications for diabetes. I went through PERS for a waiver to stay, which was granted, and then I was mobilized to active duty. As a result of the stress accociated with a forward mobilization, I am now Insulin dependent. I face separation or early retirement. I have 15 years in and I am an Chief. (E-7).
Question one: I am being told by some med bubbas that I should lay under the radar and not make waves for an LOD, complete my five to retire then go to the VA and file. Is this sound advice?
Question two: By disclosing to the Navy that I am Insulin dependent what is the prognosis for staying and continuing to serve? Which is what I want , by the way.
Johnny
 
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