**TIME-SENSITIVE ?s** - OFFICIAL FINDINGS RECEIVED

I'll try to update my timeline soon, but wanted to post that I received my findings. As I already knew from receiving my VA Findings, I was rated 90% Overall from the VA. However, the DoD rated me as Unfit at 10% to be placed on the Permanent Disability Retirement List (PDRL). They rated my condition as being stable, and I assume, since I'm about to go over 23 years total Active Service, that is why they found for the disposition of 'retired' vs 'separated', even though my condition only rated 10%.

What I need to find out now is if I will in fact receive my full Officer retirement pay, since I will have only completed 8 years commissioned service at the time of retirement. That is the 'elephant in the room', and honestly, I don't know who can provide me with that 100% verification that I will, in fact, be entitled to my full retirement plus the 90% VA benefits, and not some goofy, calculated sum based upon my last three years at my highest Enlisted rank.

Anyway...thoughts, anyone?? Any advice would be greatly appreciated. I do not think I want to appeal since they are going to put me on the PDRL. That would be foolish, right?? Just to try to eek out some more %s based on other conditions when it likely will not benefit me in anyway. If I am missing something, however, please let me know soonest, as we all know, we only get a finite time to decide whether we accept or not. Not to mention, I really am not fit to continue serving, so to drag this out would be disingenuous, and likely heave upon me a sense of 'guilt'. I didn't 'ask' for this, but at the same time, my integrity is at stake, and I feel bad enough as it is, already, for not being able to serve operationally. But at the same time, I need to ensure my family is taken care of...Anyway...

Thank you in advance!
 
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NAV LDO said:
What I need to find out now is if I will in fact receive my full Officer retirement pay, since I will have only completed 8 years commissioned service at the time of retirement. That is the 'elephant in the room', and honestly, I don't know who can provide me with that 100% verification that I will, in fact, be entitled to my full retirement plus the 90% VA benefits, and not some goofy, calculated sum based upon my last three years at my highest Enlisted rank.
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10 USC 1372
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.
 
In your situation, you should receive your LOS retirement amount plus VA compensation (CRDP).

Your LOS amount will likely be calculated based on your high 36 month average. See 10 USC 1407.
 
Thanks, pittpan...you a Steeler fan, BTW? Or on Univ of Pitt Panthers? I'm a fan of both, even though I've never stepped a pinky toe in Pittsburgh...one day though...one day. Tried to convince my daughter to apply there, but no dice; she wasn't having it. If ONLY I had a son...I'd raise him right, to appreciate the important priorities...like being a Steeler/Panther fan, lol...

BTW, STILL waiting on orders. Funny how they try to rush you out, yet can't keep their end of the bargain. I've got two interviews, and two Letter of Intents waiting on me to get where I need to be. I've already had to push everything back a week as it is...may have to again...ugh...
 
NAV LDO said:
Thanks, pittpan...you a Steeler fan, BTW? Or on Univ of Pitt Panthers? I'm a fan of both, even though I've never stepped a pinky toe in Pittsburgh...one day though...one day. Tried to convince my daughter to apply there, but no dice; she wasn't having it. If ONLY I had a son...I'd raise him right, to appreciate the important priorities...like being a Steeler/Panther fan, lol...

BTW, STILL waiting on orders. Funny how they try to rush you out, yet can't keep their end of the bargain. I've got two interviews, and two Letter of Intents waiting on me to get where I need to be. I've already had to push everything back a week as it is...may have to again...ugh...
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Best of luck. Pitt (undergrad), but 100% Philadelphia Eagles! It was a great school and a lot of fun, but maybe your daughter didn't make a wrong decision. The campus and housing was dicey, even for a bunch of burley dudes who believed they were invincible.
 
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