Intro

Welcome to our Military Disability blog! We encourage participation. Please feel free to comment on any post, including questions. We want to make sure we give you the information you need, so feel free to ask us anything about military disability, and we'll add it to our blog queu.

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Last but not least, this blog is going to deal just strictly with the specifics of the Military Disability system that is functioning right now. You might also want to follow our Top News stories for all current news about and future plans for the disability system.

Monday, April 28, 2014

Military Disability for Reservists with 20 or More Years in the Reserves

The overall military disability system works the same for both active duty and reservists, but it’s different if the veteran put more than 20 years in the military. I discussed the system for active duty members with more than 20 years in the military last week, so check out that blog for those specifics.

As for reservists:

All reservists do not receive any retirement benefits from the DoD until they reach 60 years of age. This age is decreased by three months for every three-month period spent mobilized, but can never lower past age 50. The amount of benefits they receive are based on the number of points they have accrued from the amount of activity they did as a reservist.

If the reservist put more than 20 qualifying years (20 years with at least 50 retirement points/year) of service in, they will receive their full retirement benefits from the DoD once they reach 60 years of age. For the time in between their retirement from the reserves and their 60th birthday, a reservist will not receive any benefits from the DoD unless he has a disability. 

If he has a disability, the DoD will give him a military disability rating and give him the same benefits as all other disabled American veterans. Once he reaches 60 years of age, however, the DoD will then pay him either the standard reservist retirement benefits he has earned or the disability benefits, but he won’t receive both, whichever is higher.

So if Susy retires from the reserves after 20 qualifying years at the age of 40 with a disability, she will receive standard disability compensation from the DoD, and nothing else, for 20 years (until she turns 60 or her qualifying age). At that time, she will either switch to her retirement pay or continue with her disability pay, whichever is more. So if she receives $500/month for her disability, and then starts receiving $800/month for retirement pay, her disability payments will stop and she’ll just receive the $800/month for her retirement.

VA disability compensation is exactly the same for every veteran, no matter how long they are in the military or whether they were active duty or reserves. VA disability benefits are solely based on the rating that they give the conditions. If a veteran with 20 years has a 20% rating, and a veteran with 5 years also has a 20% rating, they will both get the exact same compensation since they received the same 20% rating. 

Now when you combine DoD compensation with VA compensation, any compensation you receive from the VA for a disability is subtracted from the amount of monetary benefits you receive from the DoD.

So if you receive $400/month from the DoD for anything, and then the VA starts giving you $300/month for disability, the DoD amount will decrease to $100/month (400 – 300 = 100). You still get the larger amount, but the VA will pay a part of it instead of the DoD giving it all.

While confusing, this is actually very beneficial to you since any money you receive from the DoD is taxed, while any money you receive from the VA is not. So instead of getting taxed on $400, you’ll only be taxed on $100. You still get the other $300, but it isn’t taxed. A pretty good perk, if you ask me.

This will happen any time you are receiving money from both the VA and the DoD.

4 comments:

  1. I have a shoulder injurty that may have made an unrated prexisting service related shoulder injury worse than it already was. X-rays show nothing as there are no broken bones or obvious tears. I am in the docs office while writing thing. Any advice?

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    1. Hi Will -

      If you have records of your injury from your time in the service, it might be possible to get the condition rated. Have you ever applied for it? If so, and they just gave you a 0%, it won't be difficult to get the rating increased. If you've never applied for it, it might be harder since the VA will have trouble determining whether or not the condition is really your original or whether the new injury would have caused it regardless. It's a tricky area, and will ultimately be left up to the rating authorities' judgment.

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  2. I am a reservist and will have all 7300 AD points this August. If I receive a VA rating, will I be able to begin collecting both my DoD benefits (pay, medical, commissary, etc.) minus my VA compensation immediately? Does the distribution of (both VA and DoD) benefits differ from that of regular active duty?

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    Replies
    1. Hi Theodora -

      As soon as you separate, you will receive your retirement benefits from the DoD.

      The same goes for the VA - as soon as their rating decision is made, they'll start sending you checks within a month or so.

      Do note that the amount you receive from the VA will be subtracted from the amount you receive from the DoD unless you qualify for CRSC or CRDP:

      http://www.militarydisabilitymadeeasy.com/crsc.html

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