Can I be medically retired from the army after 20 years of service with 18 years active federal service? Right now in PR

Expert's Assistant chat
Customer: Can I be medically retired from the army after 20 years of service with 18 years active federal service?
JA: Are you overseas or stateside?
Customer: Right now in PR in my last assignment.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by JKEsq in 4 hours 7 months ago
imglogo
JKEsq
10+ years of experience
logo

47070 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
JKEsq
logo
logo
47070 Satisfied customers
logo
10+ years of experience
imglogo
JKEsq
10+ years of experience
logo

47070 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

JKEsq, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service.

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly.

You are asking if you can medically retire from the military under these facts?

Customer
20 years of military service but only 18 active federal service. Can I receive my retire pension after medically conditions
img

JKEsq, Expert

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

img

JKEsq, Expert

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

You can't apply for disability retirement. If a doctor examines you and thinks you may have a qualifying disability, they will refer you to the Medical Examination Board (MEB) or the Physical Examination Board (PEB).

The board will then determine if your disability is severe enough to qualify you for medical retirement. If so, you are put on the Permanent Disability Retired List (PDRL).

If the board thinks your condition may get better - or if they think it may get worse - they will put you on the Temporary Disability Retired List (TDRL). Generally, conditions like migraines, asthma, back and neck conditions, nerve damage, and mental disorders would qualify you for the TDRL.

If you are put on the TDRL you will get retirement benefits including a monthly stipend plus medical coverage for you and your dependents until medical conditions can become stabilized or corrected. You are required to complete a physical examination when ordered, or at least every 18 months. After each examination, the attending physician forwards their findings to the board for review. You can't stay on the TDRL for more than 5 years.

Once the board makes a final decision they will rate your disability based on the same rating factors the VA uses to rate disabilities. The board can make one of four decisions on your case:

  • If your disability is rated 30% or more and you have less than 20 years of service you will be placed on the PDRL
  • If you have over 20 years of service and ANY percentage of permanent disability you will be placed on the PDRL
  • If your disability is rated less than 30% and you have less than 20 years of service you will be separated with severance pay
  • You may also be found physically fit and ordered to return to active duty.

If you are placed on the PDRL it is just like you are retired due to length of service. You will be entitled to all the benefits of a military retiree. You will also get a retirement payment, this payment is different than a normal retiree would receive.

When you are placed on either the TDRL or PDRL you will get a monthly retirement check, just like if you had served 20 years. The rate is figured like this:

  • (Years of Service) x (2.5%) x (Retired Base Pay) = Disability Retired Pay; or
  • (Disability % - not to exceed 75%) x (Retired base pay) = Disability Retired Pay

Upon retirement, you will be given the option to choose either computation method.

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

img

JKEsq, Expert

Do you have any other questions on this specific question and topic for me right now?? Please do let me know.

img

JKEsq, Expert

I hope this was helpful and clears up your question. If you need anything else, please don’t hesitate to reach out to us.
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer