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.
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?
ReplyDeleteHi Will -
DeleteIf 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.
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?
ReplyDeleteHi Theodora -
DeleteAs 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
I am a reservist who just hit 20 yrs and also found out the VA rating for me is 80% (and apparently I don't know how to properly post!). Should I submit for a DoD rating? If so how do I go about it? What about CRDP? I can use some advice.
ReplyDeleteDoD Disability is tricky for Reservists. The DoD only rates conditions that occurred in the line of duty, so even though the VA gave you an 80%, the DoD probably will not. But they definitely could still give you a rating.
Deletehttp://www.militarydisabilitymadeeasy.com/service-connected.html#reservists
You have to be referred by your military physician to the MEB to be either medically separated or medically retired from the Reserves (you don't apply for submit).
http://www.militarydisabilitymadeeasy.com/doddisability.html#reservists
http://www.militarydisabilitymadeeasy.com/doddisabilityprocess.html
With your 20 years and 80% VA rating, you will automatically qualify for CRDP.
http://www.militarydisabilitymadeeasy.com/crdp.html
Freddie November 19, 2017 at 2056 PM: I am a 21.5 year retired PO1 from the US Navy that's VA rated at 100%. I would like to know if it's possible to receive Special Monthly Compensation (SPC) as well? If so, how do I apply or what can I read to learn how to apply?
ReplyDeleteHi Freddie -
DeleteSpecial Monthly Compensation is usually given automatically if you qualify. It's usually only given for loss of or loss of use of a body part or the need for aid and attendance.
Without knowing your conditions, I can't say whether or not you qualify, but we list every type of SMC and what qualifies for it on our Special Monthly Compensation page:
http://www.militarydisabilitymadeeasy.com/specialmonthlycompensation.html
If you find that your conditions do qualify but you are not receiving it, then you can submit an appeal.
http://www.militarydisabilitymadeeasy.com/isyourratingwrong.html#va
I am a 28 year MSG Army Reservist with my 20 year letter of course. I am age 50. I did 9 years Active duty. The remainder has been in Reserves. I injured my knees while deployed in the reserves. Had surgery on each around 2004. I just had a second operation on right knee but also have been diagnosed with Chronic severe sleep apnea (service connected) due to head injury on AD and had deviated septum , which required rhinoplasty and septoplasty. In, 2015 I was diagnosed with Parkinsons disease. I have been given a 31311 in my pulhes and am being put thru a MEB board. I know I'll be found unfit and retired. Whether its a medical retirement or not that's yet to be determined, obviously I can retire without it. My questions are these: If I get rated 30% or more then I get medically retired at age 50 with 28 years of service and about 4400 points.....What age will I collect medical retirement pension/compensation? What would be the amount? (I cant find anyone to give me a guesstimate/formula). Thank you.
ReplyDeleteThe best benefit of being medically retired in your case is that you can start receiving the benefits immediately. You don't have to wait until retirement age.
DeleteThe amount will be based on the disability percentage. You'll only get what you qualify for based on your disability percentage, not your retirement percentage. So if you retirement percentage qualifies you for more, then that won't be awarded until retirement age. But you will collect what you qualify for based on your medical retirement immediately.
DeleteHere's a discussion about the formula used:
http://www.militarydisabilitymadeeasy.com/doddisability.html#medret
I am currently active duty still with nine years in, a little over a year ago I had a moderate TBI with brain hemorrhage and complete hearing loss in my left ear. I am being put on a medboard and am still getting treatment for my vestibular problems as well as physical therapy. I looked up all my ratings from my TBI, for instance, I still have balance and dizzy episodes with vertigo, I got a bone anchor hearing aid surgically installed, migraines, memory loss etc. How are all these conditions going to be rated from one incident? My peblo explained to me that my TBI is the unfit condition, but not all of my other conditions from my TBI were included.
ReplyDeleteThe VA will rate all of your conditions caused by the TBI, but the DoD will only rate the ones that also make you Unfit for Duty. So if there is a TBI-caused symptom that doesn't interfere with your ability to do your job, the DoD won't rate it, but the VA will.
DeleteWhen rating TBI, they will rate each symptom that affects a different area of the body (hearing, memory loss, etc.) separately. We go into detail about how TBI is rated on our site:
http://www.militarydisabilitymadeeasy.com/tbi.html
I am a 33 year Air Force veteran with 31 of those years being a reservist working around jet aircrafts. For twenty of the those years I also worked on these same aircrafts as a DOD civilian. Having hearing loss in my left hear the VA has denied my claim due to the fact that I have no proof of this condition happening during active duty even those I deployed with my unit to Saudi Arabia for the Gulf war in 1992 and served numerous weeks of summer camp over 30 year period in the reserves. Do I qualify for any disability due to hearing loss? I am presently 63 years old and collecting my military retirement as MSGT.
ReplyDeleteThis is a tricky case. Since you were exposed just as much time (if not more) to the aircraft via your civilian job, it's difficult to prove that it was strictly your military service that caused the hearing loss.
DeleteRegardless of your civilian occupation, however, if your MOS is on the Noise Exposure Listing as moderate to high probability, then it should qualify regardless. If not, then you need to submit as much evidence of your active duty noise exposure as possible. A NEXUS letter claiming that your military service contributed significantly to your hearing loss could help. However, if the VA already has evidence of your civilian occupation, they could still end up denying it, claiming that your civilian occupation is more likely than to the military one to have caused it.
You may have more success arguing that your condition was service-aggravated instead of strictly service-connected since it's hard to argue that your active duty service didn't contribute.
Deletehttp://www.militarydisabilitymadeeasy.com/theears.html#noise
http://www.militarydisabilitymadeeasy.com/service-connected.html#aggravated
I am a retired MSgt from the Air Guard, I claimed obstructive sleep apena as a secondary condition due to DJD arthritis of both knees. The VA denied it. Saying it was not service connected. In spite of submitted a nexus letter, a DBQ and 3 medical studies supporting the claim. JDJ arthritis made exercise difficult and Weight Gain (BMI over 35) was aggravating factor for causing Obstructive sleep apena. How did that happen because I was in the Air Guard
ReplyDeleteThe issue is the weight gain. Even though you are limited in physical activity, weight is general found to be associated more with eating than physical activity. Because of this, conditions caused by weight are not considered service-connected because they are labeled impulse control disorders.
Deletehttp://www.militarydisabilitymadeeasy.com/conditionsthatarenotratable.html#impulse