If someone was honorably discharged for medical issues and now has 100% disability, should they pursue a medical retirement?

2024-01-12T12:31:29-05:00

I have a not so quick question: I have a buddy that was honorably discharged from the USAF 20 years ago for not making his PT run due to feet pain. Was placed on a waiver for 30 days, followed up with the military doctor diagnosed with multiple bone spurs on both feet, cleared, and wasn't still able to make the time. Got out, VA claim for disability for high blood pressure (10%) and apparently for achilles tendinitis (denied). 20 years later, refiled for plantar fasciitis with bone spurs (awarded 100% P&T SMC-L). He has now wants to know if the USAF erred in discharging him and not medically discharging him. I told him to not rock the boat, and be grateful that the VA awarded him this now. But it does bring up an interesting question, if discharged due to a medical issues from service, but not medically discharged, and the VA awards a disability of, does the individual have a right to have his military records reflect this, and draw medical retirement, or best leave it as it is.

Response by MAJ Ken Landgren made Jan 12 at 2024 12:44 PM

2024-01-12T12:44:21-05:00

He will not get a military retirement unless his injuries were incurred down range. He should be happy to have such a high rating and leave it at that.

SMs with less than 20 who are separated for medical reasons will receive medical separation pay in a lump sum. However, the government will recoup that amount by withholding VA payments. Let's assume the separation amount is $12,000 and the VA monthly disability pay is $1000. A SM in that scenario will not receive VA monies for 12 months.

Response by SSgt Christophe Murphy made Jan 12 at 2024 12:46 PM

2024-01-12T12:46:23-05:00

More detail and context is needed. He was diagnosed with multiple bone spurs on both feet and cleared? Those two things seem to not go together. I don't know how you can clear medical and have all of that. What do you mean when you say "he wasn't able to the make the time"? And he just got out normally with all of this? Normal Honorable discharge? Was any of this documented in his final physical? What is he trying to get?

Response by MSG Private RallyPoint Member made Jan 12 at 2024 12:47 PM

2024-01-12T12:47:25-05:00

It could have been a discharge chapter that designated it being in the best interest of the Air Force and the Airman in question without needing a medical discharge. I'd have to look up the difference, but that can be one explanation for it. As for requesting medical retirement, that horse is long gone from the barn. As in, I doubt anyone would even look at this and entertain the notion of processing everything as a medical retirement. Again, if the medical conditions did not warrant (per the medical providers) a medical discharge, then there isn't much of a leg to stand on.

The one thing I think of, is that if the medical provider did not feel the condition warranted a P3 in the L of the PULHES, that is why a medical discharge did not occur. P2 perm profiles will not trigger a Board, but a 3 or 4 will. However, if the Airman in question was never given a perm profile, then this topic is moot.

With the VA granting 100% time now, it's (IMHO) best to let this dog lay as it is.

Response by MSgt Private RallyPoint Member made Jan 12 at 2024 1:29 PM

2024-01-12T13:29:46-05:00

A 100% VA disability rating does not automatically reflect or trigger a medical discharge. That is decided by big Air Force, Army etc. at time of discharge. And since it’s been 20 years I agree with MSG Private RallyPoint Member that the horse has already left the barn.

Response by MAJ Ken Landgren made Jan 12 at 2024 4:02 PM

2024-01-12T16:02:35-05:00

I did not know that a person can opt for military medical retirement if they reached the 30% threshold.

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Military Medical Retirement vs. Regular Retirement
There are differences between Military Medical Retirement and Regular Retirement.

First, you should understand that you can’t receive Military Medical Retirement and VA disability. Instead, medically retired veterans receive the higher amount and not both.

This is unlike traditional military retirees with 20+ years of service who can receive concurrent disability and retirement pay if their VA rating is at least 50%.

Response by COL Randall C. made Jan 12 at 2024 4:56 PM

2024-01-12T16:56:33-05:00

Is it “possible” to have a discharge 'upgraded' to a medical retirement? Yes, but....

First, your buddy would have to appeal to the Air Force Review Boards Agency (AFRBA) to have them change the discharge to a medical retirement. There are a lot of items that are going to impact on this, but the two main ones are:
● Disability ratings from the military are different from disability ratings from the VA. The military looks at your buddy and evaluates the injuries looking at the impact on his ability to perform the functions of his AFSC and those expected of being an Airman. The VA looks holistically at everything and how it will have a lasting impact on him in the future as a civilian. It is very possible to have a 100% rating from the VA and nothing from the military.
● He'll have to show that 20 years ago the Air Force committed an error in not putting him though a medical board and evaluating him at a disability rating above 30% (which would medically retire him instead of giving him a medical severance). The mountain to climb in proving this will be pretty impossible considering the time frame and the difficulty medically proving his situation was as bad back then.

Second, unless those injuries were combat-related or ‘combat-training’ related, then the VA must recoup the severance from the VA disability by offsetting the disability retirement by the amount of the VA disability retirement. This means he doesn’t have a “huge medical retirement backpay” that he will be eligible for and instead it would be the difference between what he paid in taxes on the amount and what the (now) non-taxable portion would be from the VA (add to that he would have to file amended tax returns to get that difference … and the IRS only allows you to go back three years from the date you file it).

This is completely aside from your buddy having other conditions that go into that 100% rating as even the highest rating for plantar fasciitis (given for the loss of use of a foot) is 40% and for bone spurs it is 10% (and ‘pyramiding’ would likely come into the consideration).

Finally, keep in mind that VA ratings can, and do, increase if applicable. It is more than likely that the conditions that led to a 100% rating from the VA were not present back when he was discharged, but appeared over time and were deemed to have been caused either directly or proximately by military service.

Response by MSgt Steve Sweeney made Jan 13 at 2024 12:12 AM

2024-01-13T00:12:16-05:00

I have no idea but want to commend you on your well worded question. Clear, concise, and addressed all the salient points in chronological order. Well done.

Response by SGT Robert Urbaniak made Jan 16 at 2024 3:42 PM

2024-01-16T15:42:55-05:00

I think you should contact an attorney regarding this matter.

Response by PO1 Dave Willis made Jan 24 at 2024 6:45 PM

2024-01-24T18:45:05-05:00

As long as your VA 100% is Permanent and Total, VA can’t mess with you.

Response by PVT Steven Bornman made Jan 24 at 2024 10:50 PM

2024-01-24T22:50:47-05:00

No, leave it alone. At 100% t&p one can get a military ID, up to $4000 a month tax free, CHAMPVA benefits, DEA benefits, and a slew of state level benefits. All one would get with a military medical retirement at a 30% military rating with <20 years is TRICARE benefits only. It is better to stay with 100% t&p benefits. I am kinda in that same situation myself the Army screwed me over when I was in A.I.T. and when I got hurt was medically discharged at 10%. I thought about going to the Board to up my 10% to 30% but an attorney advised against it as there wouldn't be any benefit to it meaning no extra money.

Response by SGT J Bouch made Jan 29 at 2024 12:49 AM

2024-01-29T00:49:11-05:00

I have been doing a lot of research on this and when I have been told I have no other place to go, something new emerges. I found another site as I was looking in order to give accurate information.
As the other comments have shown there are many factors to consider in making that decision. Positive things are happening for veterans.
Last year I started petitioning for a bill for medically discharged veterans to get the same benefits as a retiree. In December I found "Major Richard Star Act" bill giving medically retired veterans the same benefits as a regular retiree - both VA compensation and retired pay. Medically retired already get the insurance, access to base, wills thru a JAG etc that medically discharged don't get.
Veterans can try going to Veterans Service Organization(s) (VSO) to get assistance with this matter. Va.gov has a lot of information