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Feb 7 12 5:30 PM
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1990 - 2010 USAF Captain, RetiredEnlisted - Machinist Officer - Space and Missile Ops Missile Maintenance Global Ops Center Space and Missile Subject Matter Expert
VA Rated SC 90% disabled Hysterectomy 50% Major Depression with OCD 50% Allergic Rhinitis 30% Obstructive sleep apnea 30% Migraines 30% Tinnitis 10% Vocal Cord Dysfunction 10% Bilateral Hearing Loss 0% Despite hearing aids, what's up with that? Hypertension 0%Recently Diagnosed with PTSD, but no claim made since I'm, already at 90%.
Feb 7 12 11:08 PM
Feb 7 12 11:16 PM
Question: The article says"Each veteran with a disability rating above 50 percent will qualify to purchase life insurance coverage through the Survivor Benefit Plan; lifetime commissary and military post exchange privileges; eligibility for Combat-Related Special Compensation; tax free retirement payments; and lifetime medical care for themselves, their spouse and their children up to age 18."I'm 90% disabled 20 year retiree and i just paid a couple thousand dollars in Federal income tax on my retirement income. Should I redo my taxes? My state didn't tax my retirement income, but the feds did.
Feb 7 12 11:33 PM
Feb 8 12 12:49 AM
Feb 8 12 1:57 AM
Feb 8 12 2:01 AM
JK - Vets HusbandAir Force 2002 - 2005Medically Discharged100% P&T - PTSD/MST 0% BulimiaSSDI Pending
Feb 8 12 10:56 AM
maparker wrote:distantsmoke wrote:
Question: The article says"Each veteran with a disability rating above 50 percent will qualify to purchase life insurance coverage through the Survivor Benefit Plan; lifetime commissary and military post exchange privileges; eligibility for Combat-Related Special Compensation; tax free retirement payments; and lifetime medical care for themselves, their spouse and their children up to age 18."I'm 90% disabled 20 year retiree and i just paid a couple thousand dollars in Federal income tax on my retirement income. Should I redo my taxes? My state didn't tax my retirement income, but the feds did.Sounds like you are a length of service retiree vice a disability retiree. Tax free military retirement applies to those retired for a disability that is deemed combat related.Mike
Feb 8 12 12:34 PM
Aug 3 12 9:45 PM
Aug 5 12 5:31 AM
maparker wrote:The genesis of the problem was DoD’s blatant disregard of military disability law which mandates that when a member is found unfit by a Physical Evaluation Board (PEB) that the PEB must rate that condition per the VA’s Schedule for Rating Disabilities (VASRD). For decades DoD was getting away with assigning military disability ratings with non VASRD criteria that DoD developed to keep military disability rating below 30%, the level needed to qualify for military disability retirement status. BTW: DoD did this for many conditions, not just PTSD.
As part of the fallout from the 2007 Walter Reed scandal, Congress passed the Wounded Warrior Act as part of the FY 2008 NDAA. One of the provisions Congress passed in this law reinforced the requirement that DoD rate unfitting conditions per the VASRD. One such VASRD provision (4.129) mandates a minimum initial 50% rating for any mental condition brought on by a stressful event that is severe enough to cause removal from active service. Thus, anyone found unfit for PTSD by a PEB would qualify for a minimum 50% initial DoD disability rating. As soon as this law went into effect, the Army and the Navy had the audacity to publish policies that stated, despite the requirement to rate per the VASRD, they would not follow the VASRD 4.129 provision. After raising a big stink, DoD establish policy in October of 2008 mandating the PEB’s follow VASRD 4.129.
Another provision of the Wounded Warrior Act passed in the FY2008 NDAA established the Physical Disability Board of Review (PDBR). Upon application by the member or next of kin, the PDBR review PEB decision to ensure they were done correctly and that unfitting condition were in fact rated per the VASRD. The PDBR eligibility window is for members, with less than 20 years service who were medically separated by a PEB with a military disability rating of less than 30% between 9-11-2001 and 12-31-2009. There are about 77,000 such members. (The PDBR only recently announced they would reach out and contact the 77,000 members.)
The NVLSP, realizing that members found unfit for PTSD were not rated by PEB’s per the VASRD, developed a class action suit that included such individual. The eligibility of the class action suit was from December 2008 until October 2008 when DoD established policy that clarified PEB were to rate PTSD per VASRD 4.129. The beginning date of December 2008 was driven by the six year statute of limitations for bringing a claim against the government. Initially, the government agreed to fast track the class members through the PDBR for resolution. However, the timeline for adjudicating such cases and additional concerns on how the PDBR was adjudicating PTSD cases forced NVLSP to ask the court to rule on the matter. This led to the settlement that was finally reached in December of last year.
Now, for those who were not part of the NVLSP lawsuit, who were found unfit for PTSD and rated below 30% between 9-11-2001 and 12-31-2008, can still have their situations reviewed by the PDBR. Those who were initially rated by a PEB for PTSD at less than 30% can have their cases reviewed by their Services Board for Correction of Military records. That being said, I am not certain when VASRD 4.129 actually came into effect but it was certainly was sometime before 9-11-2001.
The article states that military disability retirement payments for these individuals are tax-free. This is mostly true as PTSD is usually combat related. Combat related status is required for the disability retirement to be tax free (or the member was obligated to enter the military before September 24th 1975). PTSD however, is not always combat related and in such cases the military disability retirement remains taxable.
Aug 5 12 6:06 PM
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