Talking Military Medical Retirement with Jeff Gill
I recently sat down with Jeff Gill, host of the podcast “Navigating Freedom in Federal Retirement.” We spoke about the complexities of military retirement, particularly the distinctions between military medical retirement and VA disability benefits.
Here, I’ll break down some of our discussion and share tips for military members who are approaching retirement, and Veterans with questions about benefits.
What’s the Difference Between VA and Department of Defense Benefits?
The Department of Defense (DoD) is responsible for protecting the country, and the VA is responsible for providing crucial assistance to Veterans. However, they’re not the same, and the benefits that each provides are distinctly different.
The DoD only provides retirement benefits to military members who’ve served 20 years (or a combination of both active and National Guard service for 20 years and have reached age 60). The VA provides disability benefits to Veterans with service-connected medical conditions, but the VA does not provide any retirement benefits.
What’s less obvious is why the DoD provides retirement benefits to certain Veterans who were disabled and found unfit for service during their service. Let’s take a deeper look to add clarity.
Who is Eligible for Military Medical Retirement?
If you’re injured during your service and are found to be unfit for duty, you could receive military medical retirement. The eligibility requirements are very similar to the requirements for VA disability benefits:
You must have a current, diagnosed medical condition
You must have suffered a military-related stressor that caused the condition
There must be a connection or nexus between the stressor and your current condition
However, there’s one crucial distinction for military medical retirement. Not only do you need to meet those three requirements, your condition must also be unfitting.
Unlike VA disability benefits, military medical retirement isn’t something you can apply for on your own. If you’ve been injured or disabled and your commanding officer (or a military doctor) doesn’t think you’ll be able to return to your duties within a year, they’ll begin the first process of the Integrated Disability Evaluation System (IDES). You’ll be referred to the medical evaluation board (MEB) and physical evaluation board (PEB), who will ultimately determine whether your injury or disability is unfitting.
Related read: What’s the difference between medical separation and medical retirement?
Can You Receive Military Medical Retirement Benefits and VA Compensation at the Same Time?
In some cases, you can receive both military medical retirement benefits and VA compensation. There are two programs you can use to claim both: the Combat-Related Special Compensation Program (CRSCP) and the Concurrent Retirement Disability Pay Program (CRDP).
You may be eligible to receive Combat-Related Special Compensation if your disability is due to armed conflict, hazardous duty, simulated war, or an instrumentality of war. If you receive or are entitled to retired pay, you can waive your VA pay from your retired pay to collect this additional monthly payment.
Comparatively, the Concurrent Retirement Disability Pay Program allows you to receive VA compensation for your service-related disabilities. It also provides compensation for the military retirement pay you’ve waived in order to receive VA disability pay. To qualify for CRDP, you must have a VA disability rating of at least 50% and meet certain retirement requirements from the military.
Additionally, you will be eligible for both VA disability compensation and retired pay if you meet the requirements for CRDP and have also received an Individual Unemployability (IU) rating from the VA (as of October 1, 2008, and retroactive to January 1, 2005).
However, you can’t receive both CRSC and CRDP. If you’re eligible for both CRSC and CRDP, you’ll automatically receive the benefit with the most beneficial gross payment.
Other FAQs about Military Medical Retirement
As my conversation with Jeff makes clear, military retirement is complex. Here, I’ll dig into a couple other common questions that military members have as they approach retirement or consider how they make the most of their benefits.
Can I Retroactively Receive Military Medical Retirement Due to a Disability?
No, you can’t receive retroactive military medical retirement. Remember, your disability has to be unfitting at the time of discharge to be medically retired from the military.
For example, if your ear is infected during service, but 20 years later you lose hearing due to that infection, you could be entitled to VA benefits. However, you wouldn’t be eligible for military retirement and the associated benefits because your condition didn’t make you unfit for service.
However, if you can prove you had an unfitting condition at the time of or leading up to discharge, you may be able to request a correction to your military records.
What Advice Do You Have For Military Members Approaching Retirement or Separation from Service?
The best advice I have for military members approaching retirement is to stay calm. If you’re up for a medical evaluation board or physical evaluation board, stick to the straight-and-narrow. It’s essential that you don’t give the military any reason to discharge you, e.g., misconduct, and therefore not give you the benefits you’ve earned.
No matter what your situation is, remember that you are your best advocate. Speak up to get the benefits you’re entitled to and consider reaching out to the VA to start discussing any conditions you have that may be service connected.
Finally, keep in mind that the VA and military won’t always go out of their way to get you everything you deserve. Therefore, be incredibly diligent about keeping your receipts and records. If you apply for benefits through the VA, keep screenshots of anything you do online, and send certified mail with a return receipt for any physical post. This way, you’ll be prepared if the VA "loses" anything.
Should I Use a Veterans’ Attorney to Get Benefits?
Whether you should use a Veterans’ attorney depends on what you’re facing. If you’re up for an MEB or PEB, having counsel can help you get the highest possible disability rating that you are entitled to — service connection, line of duty determination, etc — which will determine the benefits that you and your family receive.
If you’re initially applying for VA disability benefits, you should avoid using a Veterans’ attorney. An attorney who’s willing to be hired to help you with your initial application could potentially weaken your claim so that you’re denied and need the attorney to file an appeal — for which they’re paid if successful on appeal. Further, you should also avoid representatives who are willing to be paid to help with applications by getting fees paid from future or ongoing benefits (via back benefits). This is contrary to the law if not the very spirit the legislation was enacted.
Always apply for benefits on your own first. There are lots of VA resources that guide you through the application process. Try to adhere to these as closely as possible, providing as much relevant evidence as you possibly can.
Related read: What to include in a buddy letter
If your claim is ultimately denied, then get in touch with a Veterans’ benefits appeals attorney like me. I’ve been helping Veterans navigate the VA appeals process and military members with their Medical and Physical Evaluation Boards for over 16 years, and I’ve seen enough to know where problems arise. .
If you’re appealing a denied VA disability claim or are facing a MEB or PEB, schedule your consultation today.
Note: Consultations for Veterans’ Benefits Appeals Matters are free; however, consultations for Medical/Physical Evaluation Boards and Military Records Issues are paid.