Ron,
Last question:
My attorney is getting advice from someone named Doug who is supposed to be the lead trainer at DFAS. Doug is telling my attorney I should waive out of my medical board because PRDL Chapter 61 LONGEVITY and DISABILITY methods are capped at 75% or 30 years?!?
I stated over and over I am doing PRDL Longevity not Disability and that the 2007 NDAA removed the 75% cap on the LONGEVITY Method B.
Sent all the references…. My attorney keeps saying I need to waive out of my MEB/PEB?? Doug keeps telling her I will be capped 75%??
Do you know what “Doug” is talking about? Am I missing something?
I do not know the basis for Doug’s comment. I did not see the limitation regarding longevity except :
2.3.4. Special Rules for Qualified Career Disability Retirees. The law limits the amount of Chapter 61 Disability Retired Pay that remains subject to the General Waiver Requirement. Specifically, a Career Disability Retiree receiving Title 10, U.S.C., Chapter 61 Disability Retired Pay must waive Chapter 61 Disability Retired Pay, but only to the extent that the amount of Chapter 61 Disability Retired Pay exceeds the amount of hypothetical longevity retired pay to which the member would have been entitled under any other provision of law if the member had not been retired for disability under Title 10, U.S.C., Chapter 61. After application of the limited general waiver requirement, a Qualified Career Disability Retirees will receive their Chapter 61 Disability Retired Pay in an amount equal to the dollar amount of hypothetical longevity retired pay.
In cases where a Qualified Career Disability Retiree’s hypothetical retired pay computation exceeds their Title 10, U.S.C., Chapter 61 Disability Retired Pay (based on percentage of disability), the General Waiver Requirement does not apply.
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I have no PERSONAL experience with the PEB or MEB so I cannot comment on getting out of the disability process.
Also, I did not find a limitation on longevity, BUT that does not mean it does not exist. However, I do not think it does.
Maybe you can talk to the mysterious “Doug” and your attorney might be able to facilitate that discussion.
Your situation is the first I have seen with the large longevity…
Good luck,
Ron
Edited to add:
This DoD site states the max percentage is 75% for both computations:
Disability Retirement <—-LINK
Disability Retirement
Disability retirement is sometimes called Chapter 61 retirement, since the law governing such a retirement is in Chapter 61 of title 10 United States Code. Members who have been determined to be unfit for duty with a disability rated by the military Service as 30% or greater are eligible for disability retirement. A member whose condition is not stable may be placed on the temporary disability retired list (TDRL) for up to five years at which point they must be either discharged, retired or returned to duty. Members whose condition has stabilized at a disability rating of 30% or higher may be placed on the permanent disability retired list (PDRL).
The basic retirement formula is:
Retired Pay Base X Multiplier %
The retired pay base for a qualified disability retirement is determined under either the final pay method or the high-36 month method depending upon when they first entered military service. See Retirement tab for details.
The multiplier percentage is at the option of the member who may chose either the percentage of disability assigned or the years of creditable service times 2½%
. In either case, the multiplier is limited to 75% by law.
In the case of a member on the TDRL, the minimum percentage is 50% while on the TDRL.
