MIL How does seperation pay work for med boards?

Discussion in 'On Topic' started by mikdavi84, Dec 7, 2009.

  1. mikdavi84

    mikdavi84 OT Supporter

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    getting med boarded, not 100% sure they'll kick me out but honestly, there is really nothing else they can do with me. 2 herniated disks and a huge labral tear in my hip.

    how does the whole seperation pay thing work?
     
  2. Kafka

    Kafka New Member

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    wow that's crazy, good luck bro.
     
  3. Casino

    Casino OT Supporter

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    How'd that happen?
     
  4. Mr. Monopoly

    Mr. Monopoly OT Supporter

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  5. mikdavi84

    mikdavi84 OT Supporter

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    probably due to the fact that they often make the people who can actually lift the heavy shit, lift the heavy shit. usually while its crammed awkwardly in the very back of a conex.

    no big deal for me, im on good meds and i pretty much do what i want now while waiting to get out.
     
  6. mikdavi84

    mikdavi84 OT Supporter

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  7. SofaKingKong

    SofaKingKong New Member

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    Title 10, U.S.C., chapter 61, provides the Secretaries of the Military Departments with authority to retire or separate members when the Secretary finds that they are unfit to perform their military duties because of physical disability. DoD Directive 1332.18, SEPARATION OR RETIREMENT FOR PHYSICAL DISABILITY, DoD Instruction 1332.38, PHYSICAL DISABILITY EVALUATION, and DoD Instruction 1332.39, APPLICATION OF THE VETERANS ADMINISTRATION SCHEDULE FOR RATING DISABILITIES,
    set forth the policies and procedures implementing the statute.


    Disposition
    Four factors determine whether disposition is fit for duty, separation, permanent retirement, or temporary retirement: whether the member can perform in their MOS/AFSC/Rating (job); the rating percentage; the stability of the disabling condition; and years of Active Service (active duty days) in the case of pre-existing conditions.
    Fit for Duty: The member is judged to be fit when he can reasonably perform the duties of his grade and military job. If the member is medically unfit to perform the duties of his/her current job, the PEB can recommend medical re-training into a job he/she will be medically qualified to perform. Disability Rating Percentage. Once a determination of physical unfitness is made, the PEB is required by law to rate the disability using the Department of Veterans Affairs Schedule for Rating Disabilities. DoD Instruction 1332.39 modifies those provisions of the rating schedule inapplicable to the military and clarify rating guidance for specific conditions. Ratings can range from 0 to 100 percent rising in increments of 10.

    Separation without benefits. Separation without benefits occurs if the unfitting disability existed prior to service, was not permanently aggravated by military service, and the member has less than 8 years of Active Service (active duty days); or the disability was incurred while the member was absent without leave or while engaging in an act of misconduct or willful negligence. If the member has more than 8 years of Active Service, he/she may be medically retired (if eligible) or medically separated with severance pay, even if the condition was pre-existing or hereditary.

    Separation with severance pay. Separation with disability severance pay occurs if the member is found unfit, has less than 20 years of service, and has a disability rating of less than 30%. Disability severance pay equals 2 months basic pay for each year of service not to exceed 12 years (a maximum of 24 months basic pay). The member may also be eligible to apply for monthly disability compensation from the Veterans Administration (VA), if the VA determines the disability is "service-connected."


    Permanent disability retirement. Permanent disability retirement occurs if the member is found unfit, the disability is determined permanent and stable and rated at a minimum of 30%, or the member has 20 years of military service (For Reserve Component members, this means at least 7200 retirement points).
    Temporary disability retirement. Temporary disability retirement occurs if the member is found unfit and entitled to permanent disability retirement except that the disability is not stable for rating purposes. "Stable for rating purposes" refers to whether the condition will change within the next five years so as to warrant a different disability rating. However, stability does not include latent impairment--what might happen in the future. When placed on the Temporary Disability Retirement List (TDRL), the law requires the member to undergo a periodic medical reexamination within 18 months at a minimum followed by PEB evaluation. The member may be retained on the TDRL or a final determination may be made. While the law provides for a maximum tenure of 5 years on the TDRL, there is no entitlement to be retained for the entire period.
    Retirement pay computation. For permanent retirement or placement on the TDRL, compensation is based on the higher of two computations: Disability rating times retired pay base; or 2.5 x years of service x retired pay base. Soldiers on the TDRL receive no less than 50% of their retired pay base.
    • The computation of retired pay base depends upon when the member entered the service, and for Reserve members, the law under which they were retired. For those members who entered prior to 8 September 1980, retired pay base is the highest basic pay received. For those who entered after 7 September 1980, it is the average of the high 36 months of basic pay.
    Sorry if it is kinda long. I can not post links.
     

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