U.S. Army Reserve - 13 years enough for Disability Reserve retirement?

alphahec

alphahec

PEB Forum Regular Member
PEB Forum Veteran
I have 13 years in service (mixed active and reserve time) to include a deployment to OIF. Also, I am currently rated 30% from Veteran's Affairs for both mental and physical disabilities.

I have a few specific questions:

  1. Can a Soldier be medically retired from the U.S. Army Reserve with LESS than 15 years?
  2. Is a VA decision enough evidence enough that the issues occurred within service.
Any Reserve Service Members who have had similar situations, please comment.
 
alphahec said:
I have a few specific questions:

  1. Can a Soldier be medically retired from the U.S. Army Reserve with LESS than 15 years?
  2. Is a VA decision enough evidence enough that the issues occurred within service.
Any Reserve Service Members who have had similar situations, please comment.
Click to expand...

  1. Yes. The entitlement is generally based on duty status at time of injury/disability. There is no minimum time of service requirement.
  2. The standards for compensability are different between the military and the VA. So, no, service connection does not equal in the line of duty. They are related concepts, but they are not the same. The military needs to do a Line of Duty (LOD) on you.
 
One more Question?: I was active duty Army when I was diagnosisedw/ degenerative dics disease, all documented in my medical records. I volluntarily separated w/ an Honorable discharge. I did 9 yrs active w/ the army. Now I am a traditional guardsmen in the Air Force National guard w/ 5 yrs and one full time deployment, OEF, under my belt. My condition worsened over the years to the point that I just had to have a double fusion in my back, Aug '10. Now that I'm on the mend I just recieved notice of DES and being told that I'm not eligleble for medical retirement. I currently have a VA rating of 10% for my back and was denied an increase in April '10.

I have a total of 14 1/2 yrs. -9 active and the rest national guard.

Since this did not happen while in the AIR FORCE, they can't do an LOD on me.

I know this process just started for me, What kind of road do I have ahead of me. And Am I entitled to medical retirement being a traditional Guardsman???

thanks,

Kmurr
 
Yes you are eligible for medical separation/retirement in that your condition began while entitled to basic pay. However, to get a medical retierement, your unfitting condition must be rated at 30% or more. Given that the VA only rated it at 10% and refused to increase the rating, you have a tough row to hoe it get the military to find the condition unfitting and rate it at 30%+. Have you applied for an increase since having surgury? If not, do so.

You state your received notice of DES. What does that mean? Are you being referred to a MEB?

Be aware that NG/Reserve members can be retired with 15 years due to medical disabilities. However, this retirement begins paying at age 60 vice immediately for disability retirement. See 10 USC 12731b below:


12731b. Special rule for members with physical disabilities not incurred in line of duty

(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.

(b) Notification under subsection (a) may not be made if—

(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or

(2) the disability was incurred during a period of unauthorized absence.


Mike
 
Question;

I have 13 years all guard time and I'm rated at 80% through the VA, all combat related disabilities. I do not however have LOD's. Unless something is bleeding or fallen off during combat the answer is take motrin. Can LOD's be created with the VA documentation affirming my claim to support medical retirement? Or will the PEB accept the VA determination of service connection based on evidence already supplied.
 
Hello, I am a 20 Year NCO in the Guard. I have over 15 years of active duty time (some AD, some ADOS). I was diagnosed with polyscistic Kidney Disease, and recently it has gotten worse (15%). In what conditions would/could I recieve a fulltime medical retirement?
 
Jason said:
  1. Yes. The entitlement is generally based on duty status at time of injury/disability. There is no minimum time of service requirement.
  2. The standards for compensability are different between the military and the VA. So, no, service connection does not equal in the line of duty. They are related concepts, but they are not the same. The military needs to do a Line of Duty (LOD) on you.
Click to expand...

Finally got my LOD, actually had to go with my Unit Administrator because she didn't think I could receive a LOD after the act. The guy at the MTF told her that it didn't matter, as long as I had the records, and gave me a LOD for all the conditions that I will be going to the MEB!
 
I should be starting a new thread, but, could not find that link. Sorry, Well I recieved my results from MEB/PEB and the separtion order from the PDA. I was rated at 20% and offered the severance pay versus taking my retirement pay at 60. Does this mean that I will not have access to any other benefits? Am I not eligible for a Grey Area Retired ID? Can someone point me to the right info? I have 33 years in, 14 years active, the rest Guard, just confused !
 
TITLE 10 > Subtitle A > PART II > CHAPTER 61 > § 1209
Prev | Next

§ 1209. Transfer to inactive status list instead of separation


Any member of the armed forces who has at least 20 years of service computed under section 12732 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 12735 of this title and, if otherwise eligible, to receive retired pay under section 12739 of this title upon becoming 60 years of age.
 
Chris...if you have 20 good reserve years you can choose to take the non regular retirement at age 60 in lieu of separation.

If you take separation pay you're done.

If you have 7200 reserve retirement points that's the same as twenty years under a 10 USC Chapter 61 medical retirement (1208b)

Where are you at in the PDES? How many total retirement points do you have? Have you appealed to the FPEB?

-duck
 
You could also demand a formal board and fight for a higher rating. If found unfit with a 30% rating, you would be retired immediately vice age 60.

Mike
 
AFI 36-3212

8.18. Inactive Status List (ISL) Transfers. Per 10 USC 1209, ARC members approved for disability discharge under 10 U.S.C. 1203 or 1206 and who have 20 or more years of satisfactory federal service computed under 10 U.S.C. 12732 may elect either disability discharge with severance pay, or transfer to ISL with retirement at age 60 under 10 U.S.C. 12732. Per 10 USC 12731D, Selected Reserve members who have 15, but less than 20 years satisfactory service, the last 6 years of which was Reserve duty, may apply for early qualification for retired pay at age 60.

I have over 16 years active duty and Air National Guard. If I am submitted for MEB and they come back with the severance package and I do not meet the 30% or more is this truly an option for me?
 
maparker said:
Yes you are eligible for medical separation/retirement in that your condition began while entitled to basic pay. However, to get a medical retierement, your unfitting condition must be rated at 30% or more. Given that the VA only rated it at 10% and refused to increase the rating, you have a tough row to hoe it get the military to find the condition unfitting and rate it at 30%+. Have you applied for an increase since having surgury? If not, do so.

You state your received notice of DES. What does that mean? Are you being referred to a MEB?

Be aware that NG/Reserve members can be retired with 15 years due to medical disabilities. However, this retirement begins paying at age 60 vice immediately for disability retirement. See 10 USC 12731b below:


12731b. Special rule for members with physical disabilities not incurred in line of duty

(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.

(b) Notification under subsection (a) may not be made if—

(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or

(2) the disability was incurred during a period of unauthorized absence.


Mike
Click to expand...
I have a question if you were medically separated in 2012 from the Army National Guard and they fail to give you a Medical Board can you somehow still get a Medical Board review.
 
Theone said:
I have a question if you were medically separated in 2012 from the Army National Guard and they fail to give you a Medical Board can you somehow still get a Medical Board review.
Click to expand...
You normally would have to apply to the Army Board for Correction of Military Records (normally, to argue that you should have been found unfit and retired or separated for disability; note that this is not to say you can always get an actual MEB/PEB).
It is potentially possible to sue in Federal Court (but, depending on the circumstances, it may be a prerequisite to go to ABCMR first).

Hope this helped.
 
You must log in or register to reply here.
Top