Recent content by Lake Man

In a 1 hour conferance call with DFAS, I briefed the total of ret/dis pay + CRDis caped at LOS. That is way I keep coming back to this. Never made sense to me. BTW, MOAA briefed the same as DFAS.

ok ..... is this a true statement, u can get the higher of disability pay or LOS, (over 20years) THEN CRDP up to the amount of ur LOS only to replace VA offset? OR r u saying, DisBility pay plus CRDP Can Not exceed LOS amount? IF that is what you are saying, then way even have disability...

RR, how did ur 12th hearing go?

Recalled Retiree go back and read page 1. the fact ur getting a hearing, if u couldn't win, why should the Army bother with a MEB codes on DD214 for a RR whom becomes disabled 7000r details how pay would be calulated for RR RR AR also refs it Mike Parker, is PM possible? Also, where is...

Second:=> DOD 7000.14-R, VOLUME 7B, Chapter 64, page 4, states: 640401. Special Rule for Disability Retirement. Members retired for disability under 10 U.S.C., Chapter 61, Sections 1201 through 1222 remain subject to the offset required under 38 U.S.C. 5304 and 5305 for any retired pay they...

FIRST, Thanks to all for this GREAT conversation! Mike I think you have it correct,,,,,,,,,,,,,,,,,,, Ed, I must respectfully non-concur. RR orders, My order recalling me to AD, do not mention "as a Retiree," "You are Recalled to Active Duty from Retired Status. You will proceed from you...

I did over come the PoF finally on my 4th or 5th appeal. This thread points out alot of the key points. If you are in a MEB/PEB, it must apply. Also the ref I used are above. A RR status is odd at best when "recalled from retired status to Active Duty," is seen as just that, AD. Not to be...

I did over come the PoF finally on my 4th or 5th appeal. This thread points out alot of the key points. If you are in a MEB/PEB, it must apply. Also the ref I used are above.

89 Falcon: I think the rule you are ref to, is a 12 month rule in DoDI 1332.38, and I was not within the 12 months where I enter the DES system. ED: I was in OEF and it was June 2010, I have been in treatment ever since. I take a bowl of pills daily to include daily Chemo. I have lost my...

You make a great point, by hearing my case they confirmed my eligibility. Problem is , on my 199, they cited my period of eligibility at Sep 2001-2002. Also I did not met the criteria for the presumptive period and should have been consider on evidential standard. None the less, I need to...

What is VA DIC? Struggling against the PDA takes it out of you. Why would I you may ask, well disability would be more pay, also it would put me in the IDES system rather than retirement date plus 400 days. Also, I am pretty darn certain I am right. ie: The law, 10 USC 1402 and 1402(a)...

I am a Retiree Recall (RR) who is still on active duty and has become ill with terminal cancer while deployed. I was ref for MEB, the PEB found me fit for duty by Presumption. I appealed to the PDA, and they upheld the PEB decision. I have 5 months left on my current set of orders. I can no...