Can medically retired personnel with 100% disability be recalled?

2019-04-01T14:02:51-04:00

Posting on behalf of a friend, there question is as follows:

I’ve received an email from the Navy to come in for my PEB. i got out on TDRL and was bumped to PDRL in July.I have been on PDRL since July of last year with the VA and I don’t understand why I would have to go in with the Navy when Im receiving 100 percent from the VA already. I’ve been out since November of 2017. What am I supposed to do?

Response by MAJ Ken Landgren made Apr 1 at 2019 2:11 PM

2019-04-01T14:11:25-04:00

Who is saying you have to go back into the Navy? Unless I am missing something, it makes no sense for a 100% veteran go back into the service.

Response by AN Kae Graham made Apr 1 at 2019 2:12 PM

2019-04-01T14:12:44-04:00

Here is the documentation

Response by AN Kae Graham made Apr 1 at 2019 2:15 PM

2019-04-01T14:15:45-04:00

Response by SFC Casey O'Mally made Apr 1 at 2019 2:24 PM

2019-04-01T14:24:21-04:00

This looks like someone didn't close out this Sailor's record. It shows the Sailor as TEMPORARY disability retirement, not PERMANENT. If the Sailor was indeed bumped to the PDRL, then the Sailor needs to contact the PEB and/or the PEBLO and straighten it out. Likely all that needs to happen is the PEB needs the record of finalization and movement to PDRL instead of TDRL. But the Sailor needs to get on this NOW so that if PEBLO says (s)he still needs to go do the exam because it won't be straightened out in time, the Sailor may need to bite the bullet and EXECUTE rather than risk termination of retirement pay.

Response by MAJ Javier Rivera made Apr 1 at 2019 2:30 PM

2019-04-01T14:30:26-04:00

Weird! I would call whoever is the POC and inquire. Keep in mind that the services and VA never talk so for all purposes you might be an able body.

Response by CSM Darieus ZaGara made Apr 1 at 2019 4:02 PM

2019-04-01T16:02:38-04:00

Generally no, however the VA can review your rating at any time. There are many conditions that are otherwise expected to improve. Additionally, does your VA document say 100% and permanently disabled? If not you may have a further challenge. Your status within the Naval system is what is important. You mention medical retirement? Could there be something that has caused them to rethink your status, not out of the question. Contact the office that contacted you, take all documentation related to your current status, it may just be an oversight or mistake. Good luck, and thank you for your service.

Response by SFC George Smith made Apr 1 at 2019 11:20 PM

2019-04-01T23:20:17-04:00

its Going To Take An Act Of Congress... Figure The Odds...Thanks For The Share

Response by CSM Danny S. made Apr 2 at 2019 9:50 AM

2019-04-02T09:50:26-04:00

I read through the docs you posted and it seems they want to reevaluate you. Take your VA docs and then schedule a medical eval. The Navy doesn't answer to the VA so they can have you come in. The real problem is that they have you listed as temporary disabled and this is most likely why you got the letter. The real task will be to get the Navy to change the TDRL rating. You should have nothing to fear unless you are gaming the system.

Response by U.S. Department of Veterans Affairs made May 7 at 2019 2:58 PM

2019-05-07T14:58:29-04:00

It depends on the DD-214. Look for "separation code" and "re-entry code." That will say whether or not can re-enter.

The 100-percent service connection has little say when it comes to re-entry, since VBA regularly adjusts drill pay for Reserve/Guard duty service member who are also 100-percent service connected disabled. However, if you have completed your 8-year military service obligation, then you're not subject to recall.

Response by CAPT John Kittler made May 9 at 2019 1:12 AM

2019-05-09T01:12:40-04:00

Report for the PEB. They will figure it out when you show up. BTW, might help to use fewer acronyms.

Response by CAPT John Kittler made May 9 at 2019 1:22 AM

2019-05-09T01:22:27-04:00

Having had a chance to review the letter, if you want to keep your retirement pay, contact the POC shown on it. During the process, let them know you thought you were on the Permanent Retired List. Send them any paperwork you have for that (hope you still have it) if asked or allowed, otherwise take it to the exam. If you have to, get a date for the exam and report to it. At one time there were about 14 different personnel systems in DoD, each stove-piped and each with its own data. That was supposed to be fixed so something might have fallen through, but it looks like someone did not get the word you were on the permanent list. Respond to this letter, because it is clear that your retirement pay depends on it.

Response by MSgt Wayne Mangum made May 9 at 2019 6:46 AM

2019-05-09T06:46:06-04:00

Thanks for letting me know about this !

Response by SGT David Thomas made May 10 at 2019 5:11 PM

2019-05-10T17:11:14-04:00

If they take this stuff out of my and fix my back I’ll go anywhere! For as long as you want.

Response by PO3 Coy Coleman made Jul 20 at 2020 8:48 PM

2020-07-20T20:48:15-04:00

Remember that time you tried to stiff me for a medical bill for $4500 and I fought a running battle with the VA for over 3 years? I do. STOP EMAILING ME WITH YOUR TRASH!

Response by SSG Ken Steinhoff made Nov 16 at 2021 6:00 PM

2021-11-16T18:00:33-05:00

Anything can happen. If they loss some, part or all of your paper work, it is up to you to prove it. And then they might not believe you. Show them you were medically retired with the VA paper work showing you are at 100%. And follow up with the VA so they can help you from working things from their end.

To let you know 3 years after I got out they came after me for a $2,000 for a advance payment for a move I did. I told them that I did handed my weight tickets and got the final payment and I sent a copy of my bank statement. I found out that the hard drive drums on the main frame physically broke into pieces. I ask them "if I resubmit the weight tickets I would be defaulting the government" So this is what happen. At this time I was closing on a new home and they would not let me use my VA load until I paid them back the $2000. So even if you are right, your are still wrong when it come to the Goverment.