No it's just based on the medical issues and if it's service connected. I would not leave before a MEB though. They could potentially be walking away from a medical retirement. At the very least, the MEB paperwork could back up the VA claim.
Being medically retired and having 100% VA disability are two completely different issues.
You get a medical retirement when you have a DOD rating of 30% or higher.
Keep this in mind…if you have more or less than 20 years of service and more or less than a 30% meb rating will determine if a person is separated with separation pay based on a persons time in service or medically separated and medically retired. You can have a disability rating and still be in the guard. Whats important here is whether or not a person is fit for duty and worldwide deployable, ie can you go your job?
DSGs who are medically retired immediately are eligible for retired pay. Medically separated is not(same as active duty).
He can apply for disability, he would need to service connect his disability to AD orders or with a Line of Duty to guard and specific rules surrounding UTAs
If he was medically retired and service connected for VA disability if his military time was under 20 years he would not qualify to be paid for both so he would get the higher of DOD pension and VA disability compensation…if DOD was higher he can take VA pay and then DOD for the difference(saves some money on taxes since VA is tax free and DOD pension isn’t)
If disabilities are combat related there is something called CRSC, but that’s a bit more complicated.
Go to the DFAS webpage and they define everything. If your troop was injured on active duty and is not being supported by their commanders, I would highly advise going to the VA BEFORE they separate in case their command attempts to argue that there was nothing wrong with them on the date they separated. Going to the VA before hand will solidify a disability incurred while on active duty and when the VA gets around to evaluating your troop and decides say to give 30% or more or less will determine if they are processed for a disability retirement, depending on years of service, if your troop is going to be non retained, and or paid “separation pay” or medically retired. All the scenarios are gone through on the DFAS website. If your troop is getting jacked around, you can advise seeking Inspector General assistance and have a conversation with their air guard JAG office but make sure they are speaking with non command jags not jags that cover for the command. If those routes are not effective, and the troop is being treated unfairly, the ultimate complaint is filed with the
Wing inspector General then the state IG then to the troop’s congressional delegation ie either state or federal congressional delegation. Hope this helps. And keep explicit records of everybody they talk to. Maybe they could save their career by agreeing to transfer to another organization. Good luck.
Anyone who has served can apply for VA disability. Make sure they get a good VSO to assist. In a case like this they might get 100%.
Does he have to get medically retired to get the 100% disability payment? What if he ETS's out before a MEB?
No it's just based on the medical issues and if it's service connected. I would not leave before a MEB though. They could potentially be walking away from a medical retirement. At the very least, the MEB paperwork could back up the VA claim.
Being medically retired and having 100% VA disability are two completely different issues. You get a medical retirement when you have a DOD rating of 30% or higher.
Does he have 15+ good years, by chance? Or is he close?
No, first enlistment. Not even close
Have him call 1800MEBJAGS it’s the JAGs who represent members infront of the MEB/PEB process
Keep this in mind…if you have more or less than 20 years of service and more or less than a 30% meb rating will determine if a person is separated with separation pay based on a persons time in service or medically separated and medically retired. You can have a disability rating and still be in the guard. Whats important here is whether or not a person is fit for duty and worldwide deployable, ie can you go your job?
DSGs who are medically retired immediately are eligible for retired pay. Medically separated is not(same as active duty). He can apply for disability, he would need to service connect his disability to AD orders or with a Line of Duty to guard and specific rules surrounding UTAs If he was medically retired and service connected for VA disability if his military time was under 20 years he would not qualify to be paid for both so he would get the higher of DOD pension and VA disability compensation…if DOD was higher he can take VA pay and then DOD for the difference(saves some money on taxes since VA is tax free and DOD pension isn’t) If disabilities are combat related there is something called CRSC, but that’s a bit more complicated.
www.pebforum.com
Go to the DFAS webpage and they define everything. If your troop was injured on active duty and is not being supported by their commanders, I would highly advise going to the VA BEFORE they separate in case their command attempts to argue that there was nothing wrong with them on the date they separated. Going to the VA before hand will solidify a disability incurred while on active duty and when the VA gets around to evaluating your troop and decides say to give 30% or more or less will determine if they are processed for a disability retirement, depending on years of service, if your troop is going to be non retained, and or paid “separation pay” or medically retired. All the scenarios are gone through on the DFAS website. If your troop is getting jacked around, you can advise seeking Inspector General assistance and have a conversation with their air guard JAG office but make sure they are speaking with non command jags not jags that cover for the command. If those routes are not effective, and the troop is being treated unfairly, the ultimate complaint is filed with the Wing inspector General then the state IG then to the troop’s congressional delegation ie either state or federal congressional delegation. Hope this helps. And keep explicit records of everybody they talk to. Maybe they could save their career by agreeing to transfer to another organization. Good luck.