Coming off TDRL. Took me down to 10% from 60%. Question about BCMR and retroactive retirement.

[phaerix]

The USAF denied me for permanent retirement. I was on TDRL at 60%, now going to 10% and they're offering a severance.
I'm appealing but I think it's wise to plan for worst case since the current schedule of ratings is subjective for my disease.
There's a new schedule of rating ruling that will be final in May 2023, 3 months after I will lose my retirement benefits. These new ratings will acknowledge the level of treatment used for my disease and should put me back at 60% since I'm using biologics and immune suppressants to control my disease (they're specifically mentioned in the 60% criteria). If my appeal fails, I'm stuck applying for retroactive retirement. Do I accept the severance with the plan to pay it back or does that disqualify me from seeking retroactive retirement? Is there any way to delay my case until May? How long is the BCMR/retroactive retirement process? I don't see how this saves the military/VA any money, all it does it cause hardship on my family, who will now lose healthcare.

 

[robins]

There is not a retroactive retirement process. You can appeal the prior decision and if the BCMR or another avenue determine you should have been retired they can retroactively retire you but there is no process or formula. Each case is treated separately.

You may be aware but for others I just want to restate that the BCMR is an admin board that can correct errors. At the BCMR, you would have to prove that there was an error at your TDLR review. Also, the BCMR starts with the assumption that the military disability boards did everything correctly and the burden of proof is on you to show that there was an error or injustice.

Even though the VA is changing the schedule, if you are separated prior to that change, there isn't technically an error because they used the current schedule. If you accept severance, you will have a much harder time fighting it later as well because the BCMR will use that as a rationale that there wasn't an error so you will have to also overcome the burden of proof for why you accepted the results than turned around and appealed.