Rating back need some guidance.

What? The PEBLO told you something and it turned out to be wrong. Say it ain't so. If the PEBLO told you V4 by itself makes your severance tax free that would be another mistake. Again, it must be combat related to be tax free and V4 is not necessarily combat related. Again, what are your V1, V2 and V3 codes on your DA 199? Where did you read that V4 made your severance tax free?

You can opt for reserve retirement with 20+ year vice severance. However, with the severance not being offset by VA comp and if rated 100 P&T, retirement might not make sense. Are you rated P&T?

Mike
 
https://www.law.cornell.edu/uscode/text/10/1209

See this law on the option for reserve retirement if 20 good years and a DoD rating of less than 30%.

On the tax issue. At one time the member had to refile with the IRS to receive the tax withheld once the Severance was offset with non taxable VA comp. DFAS changed the rules so those who were going to get VA comp offsetting their severance would not have tax withheld From their severance. If the severance is exempt from recoupment by VA compensation, but is not combat related, the severance is still subject to income tax.

Mike
 
maparker said:
https://www.law.cornell.edu/uscode/text/10/1209

See this law on the option for reserve retirement if 20 good years and a DoD rating of less than 30%.

On the tax issue. At one time the member had to refile with the IRS to receive the tax withheld once the Severance was offset with non taxable VA comp. DFAS changed the rules so those who were going to get VA comp offsetting their severance would not have tax withheld From their severance. If the severance is exempt from recoupment by VA compensation, but is not combat related, the severance is still subject to income tax.

Mike
Click to expand...
Mike, thanks for your input. Took everyone's advice and filed the appeal. Also went the next step forward and started a congressional inquiry into the IDES system here at Fort Gordon after trying to speak with DCCS and being put aside. The VA rep for Congressman Allen office told me I was the fifth person into today stating that QTC was not doing the evaluations per regulation and that no one was listening to the soldiers either on DOD side or VA. If anyone who is going through the MEB at Fort Gordon is having problems with QTC please go file a congressional at Allen's office in Augusta. People this our lives and we need to speak up. Why DOD is not talking to the VA about the QTC exams and demanding that they get their act together just baffles me. DOD should be looking out for the welfare of their soldiers and demand that QTC and VA follow the regulations, unfortunately their not.
 
Think QTC is bad? Military docs doing the exams were demonstrably worse. QTC examiners may ignore regulation, but they generally at least know them and are generally found to be apathetic at worse. Military docs had no idea of the regs, even if they were sympathetic had no knowledge of how to speak to your case in the way needed, and more often than now were down right hostile to claims of disability. DoD is the last group who would direct them to do a better job. Given the history of MEBs I would bet good money that if there is a problem at Ft. Gordon it is because someone in uniform has been telling QTC to stop being so generous.

Getting the VA involved, and hence the QTC examiners, in the MEB exam and ratings has done more to correct the MEB process than any other change in my opinion.

This isn't to say you should take poor treatment lying down or take it for granted that anyone will treat you fairly in this process. Simply that QTC is but one link, and hardly the worse.
 
maparker said:
https://www.law.cornell.edu/uscode/text/10/1209

See this law on the option for reserve retirement if 20 good years and a DoD rating of less than 30%.

On the tax issue. At one time the member had to refile with the IRS to receive the tax withheld once the Severance was offset with non taxable VA comp. DFAS changed the rules so those who were going to get VA comp offsetting their severance would not have tax withheld From their severance. If the severance is exempt from recoupment by VA compensation, but is not combat related, the severance is still subject to income tax.

Mike
Click to expand...
Mike, thanks for your input. Took everyone's advice and filed the appeal. Also went the next step forward and started a congressional inquiry into the IDES system here at Fort Gordon after trying to speak with DCCS and being put aside. The VA rep for Congressman Allen office told me I was the fifth person into today stating that QTC was not doing the evaluations per regulation and that no one was listening to the soldiers either on DOD side or VA. If anyone who is going through the MEB at Fort Gordon is having problems with QTC please go file a congressional at Allen's office in Augusta. People this our lives and we need to speak up. Why DOD is not talking to the VA about the QTC exams and demanding that they get their act together just baffles me. DOD should be looking out for the welfare of their soldiers and demand that QTC and VA follow the regulations, unfortunately their not.
scoutCC said:
Think QTC is bad? Military docs doing the exams were demonstrably worse. QTC examiners may ignore regulation, but they generally at least know them and are generally found to be apathetic at worse. Military docs had no idea of the regs, even if they were sympathetic had no knowledge of how to speak to your case in the way needed, and more often than now were down right hostile to claims of disability. DoD is the last group who would direct them to do a better job. Given the history of MEBs I would bet good money that if there is a problem at Ft. Gordon it is because someone in uniform has been telling QTC to stop being so generous.

Getting the VA involved, and hence the QTC examiners, in the MEB exam and ratings has done more to correct the MEB process than any other change in my opinion.

This isn't to say you should take poor treatment lying down or take it for granted that anyone will treat you fairly in this process. Simply that QTC is but one link, and hardly the worse.
Click to expand...
This is so sad....every citizen is paying for this one way or another. Whether it is through taxes, suicide of a love one, soldier on soldier homicide ect.... I am sure you see my point. And I take your word on this is better than before, therefore my condolence to all those before me.
 
Be your own best advocate. Demand all conditions are covered, that all the data in the applicable C&P exams is covered and that the Non Medical Assessment discusses the duty impact of all conditions.

Mike
 
kiska said:
Mike, thanks for your input. Took everyone's advice and filed the appeal. Also went the next step forward and started a congressional inquiry into the IDES system here at Fort Gordon after trying to speak with DCCS and being put aside. The VA rep for Congressman Allen office told me I was the fifth person into today stating that QTC was not doing the evaluations per regulation and that no one was listening to the soldiers either on DOD side or VA. If anyone who is going through the MEB at Fort Gordon is having problems with QTC please go file a congressional at Allen's office in Augusta. People this our lives and we need to speak up. Why DOD is not talking to the VA about the QTC exams and demanding that they get their act together just baffles me. DOD should be looking out for the welfare of their soldiers and demand that QTC and VA follow the regulations, unfortunately their not.

This is so sad....every citizen is paying for this one way or another. Whether it is through taxes, suicide of a love one, soldier on soldier homicide ect.... I am sure you see my point. And I take your word on this is better than before, therefore my condolence to all those before me.
Click to expand...

My guess is you know most of this by now and then some, but if your injuries/conditions are combat related (including caused by an instrumentality of war, or during simulations of war) push to have the CSRC determination made during the appeal as well. You will then need to apply for the CRSC with the VA once you have your final ratings back. Not exactly sure how the other CRDP works, but the same idea most likely applies.

Also, for Reserve and Guard, the math for severance before the 20 year letter is based on your accrued points divided by 360 to calculate the years you're credited with. I'm not an SME on how the 20 year letter, or the 15 year threshold affects this, but others might chime in on it. That's probably where the PEBLO's math was off on the PEBLO benefits worksheet.

Still your call on going for severance vs. retirement, but from what I understand being medically retired means you "could" draw either your VA -OR- your military retirement, whichever is higher, UNLESS, you have a CRSC (V1 Yes -OR- V3 Yes) determination. In which case there's a calculation of what it figures out to. AND being medically retired (as a Reserve or Guard) means you start drawing that now, not when you hit your 60's. If you can argue that one or more of your VA ratings is an UNFITTING condition that should have been rated by the Army, 30% or higher by them will get you medically retired.

I lamented over the numbers myself trying to figure out which is the better option, money up front, or Tricare for life. In the end for me it was decided for me when the Army ratings came back at 30% (or higher depending on the VARR in the works now). Unless you have decent health insurance from another source, that's a critical decision, because one bad accident or illness could easily send an uninsured person into bankruptcy. Food for thought.

Here's a link to the DFAS calculator to help you with the possible numbers in your case.
http://www.dfas.mil/militarymembers/woundedwarrior/disabledretireest.html
Good luck.
 
kiska said:
Mike, thanks for your input. Took everyone's advice and filed the appeal. Also went the next step forward and started a congressional inquiry into the IDES system here at Fort Gordon after trying to speak with DCCS and being put aside. The VA rep for Congressman Allen office told me I was the fifth person into today stating that QTC was not doing the evaluations per regulation and that no one was listening to the soldiers either on DOD side or VA. If anyone who is going through the MEB at Fort Gordon is having problems with QTC please go file a congressional at Allen's office in Augusta. People this our lives and we need to speak up. Why DOD is not talking to the VA about the QTC exams and demanding that they get their act together just baffles me. DOD should be looking out for the welfare of their soldiers and demand that QTC and VA follow the regulations, unfortunately their not.
Click to expand...

I have often thought it has generally been to the DoDs financial favor - to turn a blind eye and deaf ear to all the injured SMs complaints - and not take a proactive approach with these issues.

And while this may be financially penny wise, it is in the long run, a very pound foolish tact to take with Americans who serve and become injured.

The DoD is at risk of losing its institutional integrity. What's left of it anyway.

The military is acting way to much like a for-profit institution - save a buck off the backs of labor every which way it can. Who cares about basic values, they're just words. Apparently, the institution doesn't have to practice what it preaches. They seem to have lots of good spin Doctors and provide little or no accountability for their actions - or lack thereof.

I hope every injured SM down at Ft. Gordon speaks up loud and clear with formal complaints.

I don't mean to be so harsh with how I really think these days, but my goodness, when are the senior decision-makers gonna wake up?

nwlivewire
 
Yes, I am aware of all the points mentioned. I want to thank each of you for your support. I am by far not an expert, even if things are repeated, it still helps me and other people reading this blog.

In my appeal, I had JAG write it up the way I wanted which is that my back injury (20%), right knee (10%), right hip (10%) and left knee (didn't rate though documents were there) should be considered concurrent injuries due to my right hip injury. I have back problems because of my hip. I had bilateral knee surgeries because of my hip. VA rated everything except the left knee so all the IPEB has to do it slide everything over but because the doctor who did my appeals in Fort Gordon is the one my IPEB appeal is going to, I will wind up in Ft. Sam.

Just fyi the CRDP ended as of 1 Jan 2015. Any cases prior to that qualifiy and since mine started in Aug 2014 I should be okay.
 
FloridaInjuredInCombat said:
CRDP ended as of 1 Jan 2015.... where did you get that from? Is there any change to CRSC as well?
Click to expand...
kiska said:
Yes, I am aware of all the points mentioned. I want to thank each of you for your support. I am by far not an expert, even if things are repeated, it still helps me and other people reading this blog.

In my appeal, I had JAG write it up the way I wanted which is that my back injury (20%), right knee (10%), right hip (10%) and left knee (didn't rate though documents were there) should be considered concurrent injuries due to my right hip injury. I have back problems because of my hip. I had bilateral knee surgeries because of my hip. VA rated everything except the left knee so all the IPEB has to do it slide everything over but because the doctor who did my appeals in Fort Gordon is the one my IPEB appeal is going to, I will wind up in Ft. Sam.

Just fyi the CRDP ended as of 1 Jan 2015. Any cases prior to that qualifiy and since mine started in Aug 2014 I should be okay.
Click to expand...

Kiska,
What do you mean when you write "CRDP ended as of 1 Jan 2015."?

I'm not tracking on this and am wondering what you mean.

nwlivewire
 
http://www.dfas.mil/retiredmilitary/newsevents/newsletter/q42014crdpcrsc.html

2015 CRDP/CRSC Open Season Announcement
The 2015 CRDP/CRSC Open Season is Jan. 1-31, 2015. Retirees who are eligible for both CRDP and CRSC will receive an Open Season Letter with the amount of their entitlements. Follow the instructions on the letter. Only return the letter to DFAS to change your current election for 2015.

I just got this off the DFAS website, not for sure but it seems like the program is still in place if they're talking about an open time to change your elections after when you said it was discontinued.
 
FloridaInjuredInCombat said:
http://www.dfas.mil/retiredmilitary/newsevents/newsletter/q42014crdpcrsc.html

2015 CRDP/CRSC Open Season Announcement
The 2015 CRDP/CRSC Open Season is Jan. 1-31BOTH, and you are approved mid-year, 2015. Retirees who are eligible for both CRDP and CRSC will receive an Open Season Letter with the amount of their entitlements. Follow the instructions on the letter. Only return the letter to DFAS to change your current election for 2015.

I just got this off the DFAS website, not for sure but it seems like the program is still in place if they're talking about an open time to change your elections after when you said it was discontinued.
Click to expand...

Same here - just did a Google search and found the "open season" CRDP/CRSC change of election has come and gone for this year.

That's all I found, too - the "open season" thing.

But I do wonder, what happens if you do qualify for BOTH (either/or) and you are approved mid-year?

Do they give you the option to choose at that time, or do they choose one for you and you're stuck with whatever they choose until "open season" next year?

nwlivewire
 
nwlivewire said:
Same here - just did a Google search and found the "open season" CRDP/CRSC change of election has come and gone for this year.

That's all I found, too - the "open season" thing.

But I do wonder, what happens if you do qualify for BOTH (either/or) and you are approved mid-year?

Do they give you the option to choose at that time, or do they choose one for you and you're stuck with whatever they choose until "open season" next year?

nwlivewire
Click to expand...
No idea, but it's something for you to search out now that you didn't have to worry about before breakfast this morning. Finding a new wall or passageway in the pitch black labyrinth that is the IDES and VA system is half the fun :-( (sarcasm)
 
nwlivewire said:
Same here - just did a Google search and found the "open season" CRDP/CRSC change of election has come and gone for this year.

That's all I found, too - the "open season" thing.

But I do wonder, what happens if you do qualify for BOTH (either/or) and you are approved mid-year?

Do they give you the option to choose at that time, or do they choose one for you and you're stuck with whatever they choose until "open season" next year?

nwlivewire
Click to expand...
Sorry after re-reading it was referring to the phase in period from 2008-2014. I thought it meant that the program was ending. Thanks for fact checking me
 
FloridaInjuredInCombat said:
No idea, but it's something for you to search out now that you didn't have to worry about before breakfast this morning. Finding a new wall or passageway in the pitch black labyrinth that is the IDES and VA system is half the fun :-( (sarcasm)
Click to expand...

hahaha!

Too true.

I see you still have your sense of humor.

Regards to you and yours!

nwlivewire
 
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