Final TDRL Eval

So, I went to my final TDRL evaluation. Coincidentally, I fell through the system and got absolutely rushed. My medical records didn't arrive on time, my retirement ends in 11 days. It's crazy because I called several times and nothing happened throughout the process, then at the last minute they appear. So, I was outed for "Left Cubital Tunnel Syndrome" I have seem some improvement but no real major changes. The Dr. was a nice fellow, asked the normal questions.. "Would you serve again?", "If you had to run a mile and were in serious damage could you/would you?" Of course my answers were there is no way I could pass medical, and if I had to run out of harms way, life over death any day! They tried to X-ray the wrong arm, measure the range of motion on the wrong arm.. The entire time, I had to explain to them and get orders changed to ensure they knew exactly what arm to measure. (Reminded me why I was happy when my orders were cut!) So, from the Dr's responses to his overall physical, I felt like he would be pushing me for a mild rating which can be 20-30% depending on if they WANT to use the VA system rating scale. (We all know the military has their own approach to things.)

My serious question is, on my 199 option C is No, Option D,E,F are Yes -- Would this make my severance untaxable if my rating was to lower below thirty-percent? I have a "in line of duty in an instrumentality of war." On my releasing orders, It says no to combat-related operations/combat zone.

A little history: I was injured in a Cargo HMMVEE accident. We flew an astounding fifty feet before coming to a rest back on our four wheels. After I woke up from being knocked out, I realized I could not feel my left arm. After PT, Pool PT, Pain management, Ortho therapy (Ultrasound/heat therapy) I finally was medboarded. Now we are here.

So question 1: If I am put to severance will it be taxed?
2: Will it use the six year minimum, or no?
3: Are there any specifics I should look for in this final NARSUM?
 
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Ozzy123 said:
So, I went to my final TDRL evaluation. Coincidentally, I fell through the system and got absolutely rushed. My medical records didn't arrive on time, my retirement ends in 11 days. It's crazy because I called several times and nothing happened throughout the process, then at the last minute they appear. So, I was outed for "Left Cubital Tunnel Syndrome" I have seem some improvement but no real major changes. The Dr. was a nice fellow, asked the normal questions.. "Would you serve again?", "If you had to run a mile and were in serious damage could you/would you?" Of course my answers were there is no way I could pass medical, and if I had to run out of harms way, life over death any day! They tried to X-ray the wrong arm, measure the range of motion on the wrong arm.. The entire time, I had to explain to them and get orders changed to ensure they knew exactly what arm to measure. (Reminded me why I was happy when my orders were cut!) So, from the Dr's responses to his overall physical, I felt like he would be pushing me for a mild rating which can be 20-30% depending on if they WANT to use the VA system rating scale. (We all know the military has their own approach to things.)

My serious question is, on my 199 option C is No, Option D,E,F are Yes -- Would this make my severance untaxable if my rating was to lower below thirty-percent? I have a "in line of duty in an instrumentality of war." On my releasing orders, It says no to combat-related operations/combat zone.

A little history: I was injured in a Cargo HMMVEE accident. We flew an astounding fifty feet before coming to a rest back on our four wheels. After I woke up from being knocked out, I realized I could not feel my left arm. After PT, Pool PT, Pain management, Ortho therapy (Ultrasound/heat therapy) I finally was medboarded. Now we are here.

So question 1: If I am put to severance will it be taxed?
2: Will it use the six year minimum, or no?
3: Are there any specifics I should look for in this final NARSUM?
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Based on what you wrote it should be non-taxed.

http://myarmybenefits.us.army.mil/H...e/DoD_Disability_Severance_Pay_.html?serv=151
 
You need to get that No changed to a Yes or it will be taxable. You need to get your CRSC approved for the condition to get it tax free. On paper, it is seen as a NO, My conditions are related, but I cannot get my pay non taxed until after my VA rating and CRSC is approved to prove the condition is related.
 
AmyGallay said:
You need to get that No changed to a Yes or it will be taxable. You need to get your CRSC approved for the condition to get it tax free. On paper, it is seen as a NO, My conditions are related, but I cannot get my pay non taxed until after my VA rating and CRSC is approved to prove the condition is related.
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Amy,
If his DoD rating is reduced and he receives severance he will not be entitled to CRSC.
  • To qualify for the minimum 6 years, the disability must be incurred in line of duty in a combat zone as designated by the Secretary of Defense OR incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense. DoD policy for the "combat related operations" determination is that the disability must be incurred as a result of armed conflict as set forth in DoD Instruction 1332.38, paragraph E3.P5.1.2.
Exclusion from DVA Recoupment

  • Disability severance pay is excluded from recoupment by the VA when it is awarded for a disability incurred in a combat-zone or during the performance of duty in combat-related operations. This determination is made by the PEB as approved by USAPDA and is documented on the DA Form 199.
Exclusion from Federal Gross Income

  • Disability severance pay is excluded from Federal gross income under the provisions of 26 USC 104 if the member had a military status or obligation on 24 September 1975, the severance pay is awarded for a disability to be combat related, or upon application therefore, the Soldier would be entitled to receive disability compensation from the VA.
  • The PEB Record of Proceedings will document determinations of Soldier's status on 24 September 1975 and combat related.
  • A disability is considered combat related for purposes of exclusion from Federal Gross income, if it meets one of the criteria below. For more information, see DoD Instruction 1332.38, para E3.P5.2.2.
    • As a direct result of armed conflict.
    • While engaged in hazardous service.
    • Under conditions simulating war.
    • Caused by an instrumentality of war.
 
pittpan2005 said:
Amy,
If his DoD rating is reduced and he receives severance he will not be entitled to CRSC.
  • To qualify for the minimum 6 years, the disability must be incurred in line of duty in a combat zone as designated by the Secretary of Defense OR incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense. DoD policy for the "combat related operations" determination is that the disability must be incurred as a result of armed conflict as set forth in DoD Instruction 1332.38, paragraph E3.P5.1.2.
Exclusion from DVA Recoupment

  • Disability severance pay is excluded from recoupment by the VA when it is awarded for a disability incurred in a combat-zone or during the performance of duty in combat-related operations. This determination is made by the PEB as approved by USAPDA and is documented on the DA Form 199.
Exclusion from Federal Gross Income

  • Disability severance pay is excluded from Federal gross income under the provisions of 26 USC 104 if the member had a military status or obligation on 24 September 1975, the severance pay is awarded for a disability to be combat related, or upon application therefore, the Soldier would be entitled to receive disability compensation from the VA.
  • The PEB Record of Proceedings will document determinations of Soldier's status on 24 September 1975 and combat related.
  • A disability is considered combat related for purposes of exclusion from Federal Gross income, if it meets one of the criteria below. For more information, see DoD Instruction 1332.38, para E3.P5.2.2.
    • As a direct result of armed conflict.
    • While engaged in hazardous service.
    • Under conditions simulating war.
    • Caused by an instrumentality of war.
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I know, and I completely agree it is and should be.

But he stated

"I have a "in line of duty in an instrumentality of war." On my releasing orders, It says no to combat-related operations/combat zone.

With that in writing on on his orders, DFAS is going to tax it. That was what I was saying...
 
He needs to get it changed. 2 of my 3 MEB conditions were considered combat related. My "NO" on my orders makes my pay check taxable. I have to get this fixed-by going through CRCS and showing it should be a YES. I'm not sure how to get your orders amended by the PEB...
 
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"Disability severance pay is excluded from recoupment by the VA when it is awarded for a disability incurred in a combat-zone or during the performance of duty in combat-related operations. This determination is made by the PEB as approved by USAPDA and is documented on the DA Form 199."

DA Form 199- The Peb decision-

The PEB put the wrong answer in their decision. With that no, it will be taxed. I'm just warning him he needs to get this fixed.
 
Ozzy123 said:
So, I went to my final TDRL evaluation. Coincidentally, I fell through the system and got absolutely rushed. My medical records didn't arrive on time, my retirement ends in 11 days. It's crazy because I called several times and nothing happened throughout the process, then at the last minute they appear. So, I was outed for "Left Cubital Tunnel Syndrome" I have seem some improvement but no real major changes. The Dr. was a nice fellow, asked the normal questions.. "Would you serve again?", "If you had to run a mile and were in serious damage could you/would you?" Of course my answers were there is no way I could pass medical, and if I had to run out of harms way, life over death any day! They tried to X-ray the wrong arm, measure the range of motion on the wrong arm.. The entire time, I had to explain to them and get orders changed to ensure they knew exactly what arm to measure. (Reminded me why I was happy when my orders were cut!) So, from the Dr's responses to his overall physical, I felt like he would be pushing me for a mild rating which can be 20-30% depending on if they WANT to use the VA system rating scale. (We all know the military has their own approach to things.)

My serious question is, on my 199 option C is No, Option D,E,F are Yes -- Would this make my severance untaxable if my rating was to lower below thirty-percent? I have a "in line of duty in an instrumentality of war." On my releasing orders, It says no to combat-related operations/combat zone.

A little history: I was injured in a Cargo HMMVEE accident. We flew an astounding fifty feet before coming to a rest back on our four wheels. After I woke up from being knocked out, I realized I could not feel my left arm. After PT, Pool PT, Pain management, Ortho therapy (Ultrasound/heat therapy) I finally was medboarded. Now we are here.

So question 1: If I am put to severance will it be taxed?
2: Will it use the six year minimum, or no?
3: Are there any specifics I should look for in this final NARSUM?
Click to expand...

What did your original PEB/DA 199 say about block 10 (a/b/c/d)?

WHERE was you injury/disability incurred?
 
pittpan2005 said:
My question is are his releasing orders simply making note of the location; i.e. not in a designated combat zone or area of combat operations. If that's the case they are simply stating it may be recouped. If it is addressing both location and manner of injury then I would assume it will need addressed and fixed.
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If you are getting medical discharge orders, all of the following is stated on your special orders

"in line of duty as a direct result of armed conflict"
"or by an instrumentality of war and incurred in the line of duty during a war period.."
"disability was a direct result of a combat related injury"

yes or no for each.

that determination is noted on your special orders

You need a yes or they will take out taxes.
 
AmyGallay said:
If you are getting medical discharge orders, all of the following is stated on your special orders

"in line of duty as a direct result of armed conflict"
"or by an instrumentality of war and incurred in the line of duty during a war period.."
"disability was a direct result of a combat related injury"

yes or no for each.

that determination is noted on your special orders

You need a yes or they will take out taxes.
Click to expand...

For severance pay, it is the location of the injury/disability that matters.

Also, everyone should understand that in the retirement context, the PEBs can (and should) make taxation findings- however, CRSC must be applied for as a separate process (the criteria for non-taxation and CRSC is the same- essentially, the bolded parts above).
 
Your medical retirement orders is from your home base. You cannot be seperated from an APO location. The orders will relieve you from your home station. The orders state: Disabilites received in---and then the three quotes from above.
 
This is my original 199 from 2008. (Being 19, you don't read as carefully as you should.) I was coming back from a range on base. Unfortunately, this injury precluded me from going into combat. I have CRSC currently, I have had it since 08. I'm looking at all sections at this moment. Section 10 states: A) The soldiers retirement is based on disability for injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in line of duty during a period of war as defined law. B) Evidence of record reflects the soldier was not a member or obligated to become a member of an armed force or reserve thereof, or the NOAA or the USPHS on September 1975. C) THe disability did result from a combat related injury as defined in 26 U.S.C. 104.
 
Saving EVERYTHING even packing lists is a must from your time in the military. That is the one thing even being 19 at the time I understood.
 
Ozzy123 said:
This is my original 199 from 2008. (Being 19, you don't read as carefully as you should.) I was coming back from a range on base. Unfortunately, this injury precluded me from going into combat. I have CRSC currently, I have had it since 08. I'm looking at all sections at this moment. Section 10 states: A) The soldiers retirement is based on disability for injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in line of duty during a period of war as defined law. B) Evidence of record reflects the soldier was not a member or obligated to become a member of an armed force or reserve thereof, or the NOAA or the USPHS on September 1975. C) THe disability did result from a combat related injury as defined in 26 U.S.C. 104.
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I would use that to get your current orders amended to reflect the same. Your PEBLO should, key word, be able to assist you with that.
 
I'll try again- WHERE (geographically) were you injured?
 
Ozzy123 said:
Fort Drum.
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Okay, for severance, that will not get you exemption from recoupment....two separate issues, "combat related" and "incurred in a combat zone."
 
I figured, injured on base, and not being deployed was suitable for an accurate assessment. Sorry for not delivering the absolute location. So from your knowledge of the process with the statements on my 199, will it be tax exempt?
 
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