Hawaii (Tripler AMC) Timeline

SOLDIERBOYTH said:
PEB received case 3/5/12
Unfit by PEB- 4/2/12
Case foward to Seattle VA- 4/2/12
Rating finished- 5/10/12
Received the "brown Folder" today 5/10/12
Army 20% VA 70%
Migraine and Bilateral Plantar Fasciitis denied.

Total rating was 100% now 70% ( VA math)

Also the rating can be changed by PEB
Click to expand...
10% more than I got from the VA. Still did not receive my brown folder today as promised by the VA earlier this week. When you mention rating can be changed by the PEB, you are referring to if you wish to submit a formal appeal, or am I mistaken on your comment?
 
hawkdrivermtp said:
Yeah, but I did read the entire AR 635-40 page to page when Jason added it a few weeks back. This AR is dated 20 March 2012 by the way. It reads on pg 73 of the pdf file section C-12:

a. Severance pay. In computing pay for those with less than 20 years’ active service and a disability percentage of
less than 30 percent, figure 2 months’ basic pay for every year of active duty with a maximum of 12 years service.
Consider 6 months or more as a whole year for computing years of service as a multiplier. A Soldier with less than 6
months’ service cannot receive severance pay. The Soldier may apply to the VA for disability compensation. (Years of
service for members of the RC is computed in accordance with 10 USC 12732.)

With this being recently published, I'm not sure how NDAA 08 stands with an updated Army Regulation stating specifically 12 years maximum for severance pay. Anybody have any ideas on this? Maybe Jason can hit this up if he sees it. I included the updated AR.
Click to expand...

The AR is to be read together with NDAA as stipulated in the AR (under the heading Summary of change). When laws get amended, the actual law does not always get reworded, but certain provisions get added to it. To interpret the changes, you need to look at all the documents that become part of the regulation. The wording in the AR is still as it was in 2006, so you must actually get a hold of NDAA 2008 and read it together. Your authority for this will be under Summary of changes in the AR. The front page will state that the AR has been amended, but the actual amendment is in the documents referred to in the Summary of Changes.

For your ease of reference, I have attached a copy of NDAA 2008. The relevant provision is under section 1646 (Enhancement of Disability Severance Pay for members of the Armed Forces).
 

Attachments

hawkdrivermtp

The letter says " The purpose of this estimate is to provide you information for transition planning purposes. It does not constitute a final decision by VA. end of quote.........

What I am having a hard time figuring out is why my migraines got denied. "Note although diagnosed with migraines headaches, the PEB has affirmed that there is no impact on duty performances....establishing that your migraine headaches are not "prostrating"

I think prostrating migraines means that I don't get quarters. 90% of my migraines happens at night.

I think I might appeal my migraines and plantar fasciitis rating..
 
hawkdrivermtp

When I called the 1 800 # the rep told me first I should received my purpose rating in a week. No Purpose Rating received. I called back the 1 800 # and I was told I will get the letter in 28.5 days. I am station at Hawaii. I received my Purpose Rating yesterday 6/1/12 and the letter was post marked 5/29/12
 
I can totally understand you not wanting to fight any more but 20% for you seems a bit too low. I truely believe they drag out the process to take the fight out of us at the end. My e-benefits just changed from Gathering of Evidence to Pending Decision Approval. How much longer after that were you able to get a answer about your raitings? Looks like the PEBLOs are on another mission so I am not expecting to hear from my PEBLO at all. Keep the updates coming it looks like I am right behind you.
 
I can totally understand you not wanting to fight any more but 20% for you seems a bit too low. I truely believe they drag out the process to take the fight out of us at the end. My e-benefits just changed from Gathering of Evidence to Pending Decision Approval. How much longer after that were you able to get a answer about your raitings? Looks like the PEBLOs are on another mission so I am not expecting to hear from my PEBLO at all. Keep the updates coming it looks like I am right behind you.
 
Yeah, it was a shocker to be honest, but then again, I was warned that since I am not 100% blind and I didn't lose my eye physically, it wouldn't be any higher than 10%. VASRD pretty much clarified that for me. But I guess the PEB has to look over that rating and see if it was correct. I doubt it will change and you are probably right regarding the dragging out the process and taking the fight out of us.
 
So I signed my 199 today, got the call at 1320, I was so happy.
Now I am trying to understand how this will work. The Army gave me a rating of 30% and permanent retirement and the VA gave a rating of 40%. So how will this actually work? I heard you have to give $1 for $1 back if claiming VA, so then my retirement pay would be cut drastically to give back to the VA. Does anyone know exactly how this works?
 
If your DoD rating of your 30% of your "High 3" is less than the 40% the VA is offering, you will receive the VA rating Tax Free. If your DoD rating of 30% is more than the 40% VA rating you will get the VA rating Tax Free and be paid the difference between the two by DoD, but that difference will be taxed. You won't be paying anything back since you got a DoD rating of 30%. Basically, you are going to receive full retirement benefits and paid either entirely by the VA tax free, or a combination of VA and DoD. If the latter is the case, your taxes will likely be minimal. I too signed my DA 199 today, but my PEBLO briefed me on all this. Yours did not I take it?
 
Exactly two weeks after my DA 199 was ready for me to sign, the PDA contacted my local Transition office letting me know I could get my orders. I got the call late Friday so Monday morning at 9AM I am getting my orders!!!!! Hopefully this gives others a pretty good idea as to how improvements of time-lines speeding up!
 
You are so lucky, I am still waiting on my orders. The POC I have hear makes it sound like they are being bothered to check. I know on my PEB/MEB on AKO it shows PDA got my stuff on 19 Jun 12. I am hoping thye get here soon....like real soon
 
Is there a number to contact like a 1-800 number to check on the status of my orders?
 
So I had my brief with Transition this morning. Got my DA 31 leave form signed and returned to my Transition counselor and tomorrow morning at 9am I pick up my Discharge Orders. I was able to decide how many days leave I would be selling and also chose my final day officially in the Army. I do my final out on 13 July and my final day on Active Duty is 15 August. That puts me at 14 years, 3 days of military service.

I was authorized 30 days Permissive TDY but turned it down as it would delay receipt of my severance. I also sold something like 57 days of leave, again the reasoning was to speed up the receipt of my severance. I'm trying to be debt free going into purchasing an additional home and also depending on how my SSDI formal hearing goes, will determine if I get my 2 years of back pay for SSDI benefits. If I am denied, I will likely be taking a job overseas and want the house purchased and family moved in and settled before I leave. If it wasn't for all the above mentioned reasons, I would have taken my 30 days PTDY, used whatever amount of leave that I woud be allowed, then sell the remaining back to maximize my COLA, BAH and BASE PAY. Things might have worked out differently if I hadn't had to wait 7 months for my formal SSDI hearing to be determined! A little disgruntled about that, but not much I can do about that now.

I attend a finance brief tomorrow so maybe I wil get some good info I can possibly pass along to others. Almost done!!!!! Once I have that DD 214, and orders, it's back to the VA to file additional claims and contest a few that I believe to have been incorrectly documented at my C&P based off of my military health records.
 
Hawkdrivermtp

Cool, I am still waiting to meet my Transition counselor. I called retirement/seperation but I was told that I was not in the system yet....I think we have about the same amount of leave. (85) I was planning on using all my leave so I could collect BAH,Cola and Base pay. Don't you make more money going that way VS selling your leave?
 
SOLDIERBOYTH said:
Hawkdrivermtp

Cool, I am still waiting to meet my Transition counselor. I called retirement/seperation but I was told that I was not in the system yet....I think we have about the same amount of leave. (85) I was planning on using all my leave so I could collect BAH,Cola and Base pay. Don't you make more money going that way VS selling your leave?
Click to expand...
You do make more by using your leave. You are 100% correct. But you will be forced into selling some of it back based off of how many days you have. Once you show up in the transition system, they will contact you and ask you when you can come in. I was called on a Friday at 1630 so I had to wait until the following Monday. You have a 90 day window based off of a date you will be given when you meet with your transition counselor. If you wish to maximize your leave, you will be given the earliest available date they can give you based off of how many working days they give you to clear. I chose the earliest available date I could get so the day after I did my counseling, I received my orders, and luckily since I was first to receive my orders that morning, I was able to attend my clearing brief that same day. I received my clearing papers the next day (which was today). My available date is 13 July (Final Out with Transistion) and then I start my leave. The date they gave me that my 90 day clock would end was 20 September, which by doing the math should have started the day I was notified. Since I chose the earliest date to be available to Final Out, that put me at 24 days that I was still on duty. If you subtract 90 from 24 that gave me 56 days of leave I could take before I had to be out of the military. I would have been forced to sell a minimum of just under 30 days I would have had to sell. You still earn leave during those final 90 days so I ended up with over 90 days of leave total. I sold about 56 days though by choice. You wont have to sell that many but just understand, you wont be taking 85 days of leave. You cannot be on leave while clearing post. Again, they gave me about 24 days to be able to complete the clearing process. This will all make sense when you have your brief and any questions you have, they will do their very best to get you the correct answer. To be honest, the medical board transition counselors on Schofield Barracks are probably the kindest and most professional civilian counselors I have ever came across.
 
You must log in or register to reply here.
Top