The $11,000 question...

I am being medically separated due to a knee injury I sustained on an airborne operation. I received 10% for the knee and 80% total from the VA. I am receiving severance pay. I need to stay in the Army until November 25th, 2017 to have my time in service rounded up to the next whole year. I just received the ratings and haven't signed the DA-199 form yet.

-I have 60 days of leave saved up
-I was told I will have 90 days left in the Army after I receive the letter of release from the PDA
-I was told the PDA will take any where from 1 week to 1 month to QA/QC the findings
-I am forced to sign or appeal the DA-199 by 18AUG17

I am deciding if I sign the DA-199 and risk being short a few days from November 25th costing me $11K or if I should appeal the findings to get the additional time in the Army. I hate being put in this moral predicament but I don't want to risk the PDA fast tracking my paperwork cutting me short by just a few days and costing me $11K. What do you guys think I should do?

Since my injuries were not sustained in a combat zone, do I have to worry about this being taxed? I heard that you can submit paperwork to get the tax money back. I read that injuries sustained on ABN operations are considered the same as a combat zone but the VA and the DOD said my injuries started before I had the airborne injury. Any help on this is also greatly appreciated!
 
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ABNdude said:
I am being medically separated due to a knee injury I sustained on an airborne operation. I received 10% for the knee and 80% total from the VA. I am receiving severance pay. I need to stay in the Army until November 25th, 2017 to have my time in service rounded up to the next whole year. I just received the ratings and haven't signed the DA-199 form yet.

-I have 60 days of leave saved up
-I was told I will have 90 days left in the Army after I receive the letter of release from the PDA
-I was told the PDA will take any where from 1 week to 1 month to QA/QC the findings
-I am forced to sign or appeal the DA-199 by 18AUG17

I am deciding if I sign the DA-199 and risk being short a few days from November 25th costing me $11K or if I should appeal the findings to get the additional time in the Army. I hate being put in this moral predicament but I don't want to risk the PDA fast tracking my paperwork cutting me short by just a few days and costing me $11K. What do you guys think I should do?

Since my injuries were not sustained in a combat zone, do I have to worry about this being taxed? I heard that you can submit paperwork to get the tax money back. I read that injuries sustained on ABN operations are considered the same as a combat zone but the VA and the DOD said my injuries started before I had the airborne injury. Any help on this is also greatly appreciated!
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Welcome to the PEB Forum! :)

Hmm, what exactly would be your medical situation/cause to potentially submit a PEB appeal at this particular point in time? :confused:

In addition, have you immediately contacted the IDES legal Office at this point in time for their feedback and recommendation(s)?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
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The appeal would be that my knee injury should be listed as a combat related since the injury happened while on an airborne operation. I am waiting to hear back from my VA attorney.
 
ABNdude said:
The appeal would be that my knee injury should be listed as a combat related since the injury happened while on an airborne operation. I am waiting to hear back from my VA attorney.
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Okay, that seems straight forward enough for the PEB to potentially grant a FPEB hearing if warranted/necessary; good deal! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Once the appeal process is started, is there any way to reverse your decision and just accept the results?
 
ABNdude said:
Once the appeal process is started, is there any way to reverse your decision and just accept the results?
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Well, once approved for a FPEB hearing and at the official start of that FPEB, the old IPEB results are voided out completely. Then the President of the FPEB hearing shall render a new decision with respect to all available medical evidence, medical documentation and/or FPEB testimony if applicable. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Definitely a lot to consider. Just to get the injury be rated in a way that severence is tax free is significant, adding $11k on top is icing on the cake.

Other considerations I'd be thinking about:
1. The VA is going to recoup the money anyway in the long run, so you're not appealing for more money, just more up front.
2. What are your job prospects after separation? If the appeal adds 6 months to your separation date, how much money could you have made in that time at a good job? You won't be getting a military paycheck, but you will be getting a VA check on top of your civilian income.

At the end of the day, it's a numbers game, and depends greatly on your specific circumstances. The good news is, the only real negative outcome I can contemplate coming out of the IPEB is them changing to a fit for service decision (assuming that's a negative outcome)
 
My PEBLO is saying I should get it all back from taxes if I fill out some paperwork. I'm fine with paying the taxes up front to get it all back at the end. As for the VA recoupment, it will take them 26 years to recoup the size of the severance check that I am getting. I would rather have the money up front than get the extra 10% on my disability rating each month.

As for jobs, I started and ran a successful company during college so I plan on starting another business. I have already started the company and have secured everything I need to start running it. I'm not really worried about job prospects because my passive income from previous investments is enough to pay for all of my living expenses indefinitely. I am very lucky in that regard. I don't need the extra $11k but at the end of the day, it's still a good chunk of money.

I think I will test my luck and just sign the DA-199 at the latest possible date. I doubt the PDA will get it back in 9 days and if so, it is what it is. It won't be the first time the Army has done something like this to me.
 
ABNdude said:
As for the VA recoupment, it will take them 26 years to recoup the size of the severance check that I am getting. I would rather have the money up front than get the extra 10% on my disability rating each month.
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It sounds like you're definitely strong with finance, based on your whole reply. Something else I considered, but didn't originally write... the severance is given to you in todays dollars, but the VA recoups it in future dollars which should have less relative value than what you receive today.
 
An appeal get you the time you want!
 
So I had to appeal, without a formal board for a simple administrative correction... Does anyone know how long that could take to get my new 199?
 
mtafoya04 said:
So I had to appeal, without a formal board for a simple administrative correction... Does anyone know how long that could take to get my new 199?
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Most likely, just as long as it took for them to get the initial one to you. The system is a bit backed up. System being people.
 
F@$k, I hope not. Took me 104 days to receive my initial 199. I guess I just need to wait some more. Thank you.
 
Funny, I'm in the same boat as your original post in this discussion. Knee injury and waging how to get myself to 9.5 so I can get the extra $11K. I'm also up for promotion and my board meets in Dec w/ a Senate confirmation in March. I predict I'll get the same ratings as you, too. The hardest part of the whole thing is that it's too hard to predict the timeline. Not sure how I'm going to appeal for an FPEB, though. I guess I'll see if my package ever gets sent to the IPEB.
 
Update: I decided to sign the DA-199. I signed it on Friday. As long as I don't get it back this week, I will be good. I signed it because it was the right thing to do. I may get screwed by the Army but that wouldn't be the first time. I just don't need to be wasting the taxpayers dollars by staying in longer. I'm still optimistic that I won't get it back this week. I'll post here again when I get it. The PUEBLO says they are taking anywhere from 7 days to 2 months to get back. A Colleague has been waiting 22 days for his so far.
 
Update: Didn't get my DA-199 back yet so I'm in the clear to be rounded up to 7 years Severance Pay! Feels good to know I did the right thing and have it all work out.
 
ABNdude said:
Update: Didn't get my DA-199 back yet so I'm in the clear to be rounded up to 7 years Severance Pay! Feels good to know I did the right thing and have it all work out.
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I'm not as far along as you are, but I had a similar choice. I could have held up my 618, but I just want to get it moving. Plus, holding it up isn't going to change much. Glad they rounded you. I'm hoping things work out the same for me. I'm trying to get to 10.
 
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