Posted on Aug 1, 2018
CPT Cavalry Officer
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Need some help here. Been diagnosed with "chronic" disease and will be receiving a MEB soon. But the PEBLO said most likely I'll be offered only 20 percent and not combat related. Therefore I'll get a Severance. I'm at 18 years and 7 months of active service. My concern is if I try to retire and get approved I'll only have about 9 years 8 months as a Officer, therefore not eligible for the Officer retirement. I know there was a exception to Policy for officers with 8 years commissioned service to retire as an officer...but read it was expired since they stopped TERA can anyone help me?
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Responses: 55
LTC Stewart Stephenson
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Lots of considerations. If it's not too late, PM me & let's talk. Heck, even if you're committed one way or the other, there are still things you can do to prepare.
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COL Jeff Keane
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Tell them you want to stay. They'll say you can't. Then take it to the physical disability retirement board. Accept NOTHING less than 30%. Yon can appeal several times. Don't forget to have them assign a lawyer to you Get a DA Cilian lawyer if available. Let them know you plan to fight to the bitter end. DON'T GIVE UP! Be polite but forcefully. Be prepared for drawn out process. Took me two and a half years. Good luck. Be not afraid. The Army taught you how the fight and win. Now go do it! UBJ
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SGT Albert Bowman
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My MEB lasted 2.5 years. This was in the pre-WTU days, so I still had to deal with my unit's daily dose of Bravo-Sierra as well as take care of my medical needs. It was the docs who kept finding stuff wrong with me prolonging my MEB-time, not me "malingering", but I digress. At the end (early-2002), my Severance Pay was calculated as follows: [2.5 x (monthly base pay) x # of years Active Duty (NTE 12 years)]. That's a one-time payment. The VA provides me a monthly disability payment with a certain percentage held back for the Treasury offset...about 15% off the top...to recoup the severance amount.

A 20% PEB rating is not enough to get Medical Retirement (30%+), so unless you can retire, you'll get a Severance check. You can always take it up with the PDRB later to try to get that percentage bumped up, but no promises. In my case, the PDRB bumped me up from a PEB rating of 0% to 10% which had zero affect on the amount that I had already received.

If you do get to retire and then the VA awards you a rating, either your monthly Retirement check or the VA Disability check will be partially reduced due to "double-dipping" laws.

In the end, you have to look out for you and yours.
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PO2 Paul Dempsey
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Medical retirement you can exchange privileges. Money however is tax free with disability pay from VA. 100 percent rating with VA comes with free dental unlike retirement. Also most states give 100 percent service connected vets a pass on having to pay property taxes on your home. That said weigh out what retirement benefits you can use depending on where you plan to live post military and review the benefits you would receive from the VA. I chose personally the VA due to tax free money and other benefits. I'm 60% service connected. Just remember with the VA you might need to fight for what you deserve/earned. Their are many services available to help you there like the DAV, American legion and purple heart recipients.
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SFC John Fourquet
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You need to retire. You get more money and you keep your Tricare medical insurance. Disability severance pay for non combat disabilities is taxable and must be paid back if you apply for and receive VA disability compensation. You need to review AR 40-501 and make sure it is being correctly applied in your situation. Also you need to review the regulations regarding retirement, especially medial retirement for someone with over 20 years of service. You need to get help with this. The DAV, VFW and American Legion may be able to help you. Do not depend on the PEBLO. Most PEBLO's mean well but do not know enough to actually help you. They do not know how to apply the VA rating schedule. The MEB will prepare a narrative summary. The MEB summary is forwarded to the the Physical Evaluation Board (PEB) for a decision. Make sure to read the MEB summary very carefully make sure it is an accurate assessment of your disability and to compare the limitations describe to the physical standards of you grade and MOS/branch before it is sent to the PEB. Demand they make corrections for anything that is not correct on the MEB summary. You will receive an initial decision from the PEB. You can accept it or request a hearing before the PEB. You need to ask for a hearing before the PEB if you do not agree with their decision. You need to prepare for this hearing and have someone there to represent you. This must be someone expert VA and military disability evaluations. You need to argue that your disability does not prevent you from performing the duties of your grade and MOS/branch. Letters from your chain of command will be very helpful for this. These letters should state that you continued service is not harmful to your health or prejudice the interest of the Army. Appeal all PEB decision you disagree with until you exhaust all appeal rights.

Finally you need to start document all medical problems you have. The VA will pay disability compensation for many problems such as arthritis, painful joints, sleep apnea and mental health problems. If you retire and get a VA rating of 50% or higher there is no offset of retire pay. If the VA rating is 40% or less there is an off set of retire pay. Simply put, a 50 percent rating means you get full VA compensation and full retired pay without any deductions.
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SFC John Fourquet
SFC John Fourquet
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Meant over 18 years of service.
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GySgt Kenneth Pepper
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If it is at all possible suck it up and get the retirement. You can always dicker with the VA later. The retirement will give you steady cash flow. Not a lot, but it is there every month.
Documentation is key when dealing with the VA. get a copy of all of your medical records.
Good luck
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SFC Carlos Cruz
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CPT Sean that MEB, Evaluation will determine based on your medical records. It benefits you because you will receive both, VA & retirement.
They did my at Fort Bragg & I got both, if you just retired you will only receive one retirement & will have to fight VA for your next three yrs. Sir take that MEB is your best choice, I did & love it. Airborne
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LT Don Mead
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MEB is a crap shoot, you could end up with a medical separation. If you can make it to 20 you are guaranteed retirement plus you still get your VA ratings.
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CPL Ken Zaske
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Edited 7 y ago
Sir, do anything and everything you can to get that retirement. Just my two cents, but your entire future is at stake.
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SSG Ronald Colwell
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Once you hit 18, they can’t just put you out, they have to allow you to go to 20. Look it up
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