Your disability percentage, which will be assigned by the Physical Evaluation Board, will determine whether your disability qualifies you for retirement or separation:
Your Branch of Service may place you on either the Temporary Disability Retired List (TDRL) or the Permanent Disability Retired List (PDRL).
A member of the TDRL or the PDRL is a retired member of the armed forces. You are entitled to all rights and privileges of a military retiree, which may include:
If you meet additional requirements you may also qualify for Combat-Related Special Compensation or Concurrent Retirement and Disability Pay .
Temporary Disability Retirement List
If you are found unfit to perform your duties because of a disability that may not be permanent, you may be placed on the Temporary Disability List (TDRL).
Your retired pay will be computed using one of two methods:
Your pay will be computed based on whichever is more beneficial for you.
While on the TDRL, a physical examination is required at least once every 18 months. If you fail to report for your physical examination, your Branch of Service will remove you from the TDRL list and your retired pay will be suspended until your examination has been completed.
If you were placed on the TDRL prior to January 1, 2017 may remain on the TDRL for up to five years, providing your condition does not change during that time. If you were placed on the TDRL on or after January 1, 2017, you will remain on that list for up to three years providing you condition does not change during that time. If at any time you are found fit for duty, you may be removed from the TDRL and returned to active duty.
If your disability stabilizes and is rated at 30 percent or greater, you will be transferred to the Permanent Disability Retired List (PDRL). If your disability stabilizes and is rated at less than 30 percent and you do not have 20 years of service, you will be discharged from the TDRL with severance pay.
Permanent Disability Retired List
If your disability is found to be permanent and is rated at 30 percent or greater, or you have 20 or more years of service, you will be placed on the Permanent Disability Retired List (PDRL).
Your retired pay will be computed using one of two methods.
Your pay will be computed based on whichever method is more beneficial for you.
If you have been transferred from the TDRL to the PDRL, your retired pay will be recalculated using your most current disability rating.
For more information, submit your question online or call 800-321-1080 to speak to a Customer Service Representative.
If you have concerns about your VA disability rating, please contact the VA at 800-827-1000.
Military retirement pay is an important part of the benefits offered to service members.
In fiscal year 2020 alone, more than $62 billion was paid to more than two million retirees and survivors of military members.
A portion of those funds are paid to those drawing medical disability retirement pay as a result of having been retired by their branch of service because of medical issues. How large a portion?
Medically retired service members were paid $1.91 billion dollars in 2020. By comparison, Reserve retirees were paid roughly $7.43 billion in 2020.
What is medical disability retirement for military members? Overall the military retirement system is set up as a government-funded program that does not require contributions to a retirement fund for qualifying active duty and reservists.
But there is also a part of the retirement system designed for those who have medical conditions deemed “medically unfit to serve” according to government literature.
In general military retirees have perks that include base access for medical, base exchange/post exchange and commissary privileges and MWR programs.
The military retirement system is well documented and understood in general, but some mystery surrounds medical disability retirement even among currently serving troops.
The three basic retirement categories for military members include:
For this article, we focus exclusively on medical disability retirement, but there are some common issues for retirees in general. For example: Retirement eligibility. All military retirees must meet the Department of Defense-specified criteria that is applicable in their retirement category:
Active component retirement: Available to those who have completed 20 years of military service. Retirement pay in this case begins after the military member’s final out processing.
Reserve component retirement: This pay is offered after 20 years of military service, but is based on a points system which can include points for the following:
There are other ways of calculating retirement points for Reserve members, the above is not the only method. In any case, Reserve retirement pay does not become effective until the veteran is 60 years old.
Medical disability retirement: Twenty years of active service is not required, but you must meet a Physical Evaluation Board to determine whether a medical issue qualifies for medical retirement. Not all who qualify have conditions that are permanent; some may qualify for temporary disability (we’ll cover that below).
There is an important difference between being medically retired and being involuntarily separated from the military because of a medical condition. “Retirement” involves retirement pay, the “separation” option does not.
You may or may not be entitled to separation pay if you are separated, but not retired, because of a medical condition. Each situation is handled case-by-case.
Keep that in mind when reading how to qualify for a medical retirement below. Service members who go before the Physical Evaluation Board are not guaranteed a “retirement” classification. Depending on the nature of your condition you may be separated without the same benefits as a medically retired service member.
The evaluation board is charged with deciding whether a service member’s condition allows them to remain on active duty, be medically retired, or separated. The following conditions may apply depending on circumstances:
Not all medical conditions qualify as permanent disabilities. Some service members may be placed on a Temporary Disability Retired List (TDRL) instead of a Permanent Disability Retired List.
In cases where the classification puts the veteran on the temporary list, the following will apply:
Temporary Disability retirees are entitled to “all rights and privileges of a military retiree,” which may include
One of two options are used to calculate the benefit. According to the VA, the pay is calculated at whichever method provides the greater advantage for the veteran:
Your pay will be determined based on whichever is more beneficial for you.
Federal guidelines state that you must have a physical every 18 months when on the TDRL. Failing to do so will result in suspended payments until the examination has been performed.
The date you were signed on to the temporary list is very important. According to the DoD, those on the temporary list prior to Jan. 1, 2017, are allowed to remain on that list for a maximum of five years, assuming there is no change in the condition.
Those who were placed on the Temporary list on or after Jan. 1, 2017, are allowed three years maximum, “providing your condition does not change during that time.” According to the DoD, those who are found fit for active duty during this time may be removed from the list and returned to active duty.
Those who are determined to have a medical disability rated at 30% or greater, or who have served more than 20 years, are placed on the Permanent Disability Retired List. Like those on the temporary list, these retirees are given the same retirement benefits their non medically retired colleagues enjoy. For those on the permanent list, retirement pay is calculated in one of two ways:
Military retirees may be technically eligible to draw both regular DoD retirement pay and VA disability payments. There are rules that dictate which kind of pay you can draw.
Did you know federal law requires a retired service member to waive part of their DoD retirement pay by the amount of their VA disability compensation? This dollar-for-dollar reduction is known as the VA offset, also called a VA Waiver.
There are two programs that can help certain eligible military retirees get back some of these waived funds. One is known as Concurrent Retirement and Disability Pay. Described as a payment meant “to restore retired pay for those with service-connected disabilities who waive retired pay for VA disability pay.”
This program does not require the veteran to apply; those who are eligible will have their case processed and the Concurrent Retirement and Disability Pay is added to the monthly compensation amount.
The other program is known as Combat-Related Special Compensation and is offered to those with combat-related disabilities.
This program does require the veteran to apply via their branch of military service. Learn more about eligibility for this program at the Defense Finance And Accounting (DFAS) official site.
June 29, 2022
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IN THE OPINION OF ROSCOMNADZOR, "UTOPIA" IS A PROJECT OF THE CENTER "NO TO VIOLENCE", WHICH, IN THE OPINION OF THE MINISTRY OF JUSTICE, FUNCTIONS OF FOREIGN AGENT
Why not?
The war in Ukraine has finally passed into a protracted phase of attrition. On the Ukrainian side, 100-200 people die every day, Russian losses are not officially disclosed, journalists know about four thousand confirmed deaths - these are only those who got into any public reports. In the meantime, the State Duma proposes to recruit soldiers for a contract immediately among school graduates.
At the same time, every Russian soldier has the right to save his life by refusing to participate in hostilities or by retiring from military service. A consultant for the human rights project Conscious Refusal of Military Service in Russia told Chert how exactly soldiers can exercise this right.
It is necessary to submit a report on refusal to participate in a special military operation, as well as a report on early dismissal from military service for non-compliance with the terms of the contract. Members of the armed forces may refuse to serve because of their beliefs. Beliefs can be anything, but the main thing is that they contradict military service. For example, it may be the belief that there should be no war. The right to conscientious objection to military service is spelled out in Art. 59, part 3, and freedom of conscience and the right to act in accordance with one's convictions are protected by Art.
28 of the Constitution of the Russian Federation.
Another ground for early dismissal is at one's own request if there is a good reason. These include family relocation, the birth of a child, a serious illness of parents, beliefs that are contrary to military service. As well as other reasons that the certification commission of the military unit recognizes as valid.
The procedure for early termination of a contract on conscience is not spelled out in the regulatory legal acts, as well as the replacement for contract servicemen of military service with an alternative civilian one. But the way to exercise the right to freedom of conscience and beliefs can be early dismissal from military service - due to non-compliance with the terms of the contract or of one's own free will if there are good reasons (paragraphs "c" of clause 2 and clause 6 of article 51 of the Federal Law "On military duties and military service").
By law, any serviceman, even if he serves in military units involved in the rear, can be transferred by command to a unit that is directly involved in hostilities.
The President and the Minister of Defense spoke in favor of conscripts not participating in the special operation. At the same time, the legislation allows that they can be sent to the combat zone after four months of service and training in military specialties.
The refusal of a conscripted soldier to participate in a “special military operation” can be based on public statements by the President of the Russian Federation and the Minister of Defense, which are binding on lower-ranking commanders. At the same time, the position of the commander in chief and the minister of defense may change.
In general, it is more difficult for a contract soldier to refuse, he is under strong pressure, he is forced to participate in hostilities. However, if a serviceman firmly refuses, not only in reports, but also in deeds - he demands early dismissal, files complaints, appeals to the military prosecutor's office, to the higher command - then, as a rule, he manages to achieve dismissal and non-participation in a special military operation.
From a legal point of view, there are no categories of military personnel who cannot refuse and seek early dismissal on conscience. In fact, there are different situations. It is especially difficult to exercise their right to early dismissal and conscious refusal of military service for those military who are already on the territory of Ukraine and do not have the opportunity to leave for the permanent deployment of the military unit.
The state of health may be the basis for temporary exemption from military service (if the fitness category is "G" - "temporarily unfit for military service"), or full release and early dismissal from military service (category "B", " D"). All this must be confirmed by medical documents indicating the relevant diagnoses.
A contracted serviceman can apply to a private medical organization, but is obliged to notify the commander about it.
In addition, a serviceman may seek acceptance of his report on sending him to the military medical commission (VVK) due to a deterioration in health. A refusal to send to the IHC can be appealed to the military prosecutor's office and other supervisory authorities.
Members of a special military operation (SVO) often develop post-traumatic stress disorder (PTSD), which, if unfavorable, is considered grounds for early dismissal - if it begins to interfere with their military duties.
There are several steps that you need to go through:
Command may threaten to prosecute or send to a disciplinary unit, frighten with a military tribunal and execution.
You need to be ready for this. So far, there are no confirmed cases when criminal cases would be initiated for actions aimed at early dismissal for personal reasons. And we must remember that in Russia there is no martial law and no death penalty.
At the same time, the risks of consequences remain, since the state considers orders to send military personnel to the combat zone legal, and criminal liability is provided for refusal under Art. 332 part 1 of the Criminal Code of the Russian Federation, “if significant harm has occurred to the interests of the service”: restriction on military service for up to two years, or arrest for up to six months, or detention in a disciplinary unit for up to two years. But it is difficult to prove these crimes - so far there are no cases when criminal cases would actually be initiated.
It is not known exactly how many servicemen achieved their right to conscientious objection to military service, but human rights activists regularly receive reports that their recommendations are working, people are successfully dismissed.
Some of these cases become public, human rights activists publish cards on them "They refused to fight."
The military law contains legal provisions that allow the dismissal of any member of the armed forces from military service. However, there must be appropriate grounds for such a decision. It can be both disciplinary offenses , and administrative or criminal offenses.
In this article I will talk about the grounds for dismissal, which are provided for by law, as well as the features of dismissal from service at the request of the military himself. In addition, attention will be paid to the payments that must be made to a soldier who has terminated his relationship with the army. 9Ol000 report
✔ Attestation commission
✔ Deadlines for consideration of the report by the attestation commission
✔ What documents need to be collected for dismissal
○ The due payments upon dismissal
✔ One -time allowance
✔ Prize
✔ Material Assistance
○ Lawyer tips:
✔ Are the military vacation pay for dismissal?
✔ Is it possible to send a report to the certification commission on my own without the participation of the commander?
○ Video
It should be noted right away that the law does not provide for such a legal basis for a serviceman as voluntary dismissal.
This is one of the main differences between military and civilian dismissals. So, the relations of a citizen who entered the military service are regulated by the legal norms of the Federal Law "On military duty and military service", and for those citizens who work in the civilian sphere of life of our state, they are regulated by the norms of labor legislation.
At the same time, in paragraph 6 of Article 51 of the Federal Law No. 53 it is said:
reasons."
What are the reasons, the law does not specify. That is, the serviceman has the right to initiate the issue of early termination of the contract, but this right is limited by the commander's willful decision - whether he recognizes the reason for the dismissal as valid.
As practice shows, attestation commissions recognize as valid reasons such as:
For dismissal for the specified reasons, a serviceman submits a reasoned report to the commander.
Federal Law No. 53 contains a detailed list of grounds, in accordance with which the possibility of completing the procedure for dismissal from military service is connected. So, in Art. 50 of this law says:
a) retired from military service;
b) female, expelled from military professional educational organizations and military educational organizations of higher education and who do not have a military specialty;
c) who have chosen a permanent place of residence outside the Russian Federation upon dismissal from military service;
d) in respect of whom a court verdict on imposing a sentence of imprisonment has entered into force;
e) who are foreign citizens.
There are several grounds upon occurrence of which it becomes possible to dismiss a contract serviceman. These include:
Military service, the procedure for its passage, grounds for dismissal, due payments - provided for by the norms:
The procedure for dismissal is provided for by Article 34 of the Federal Law No. 53 and is carried out:
“a) to the reserve, if by the time of dismissal the serviceman has not reached the age limit for being in the reserve and is fit or partially fit for military service for health reasons;
b) to resign, if by the time of dismissal the serviceman has reached the age limit for being in the reserve or, for health reasons, has been declared unfit for military service by the military medical commission;
c) from military service, if the serviceman has been sentenced to imprisonment or restriction of liberty.”
In order to resign, a serviceman must submit a report, which must be drawn up in the name of the unit commander.
The letter of dismissal must contain a good reason for leaving the service. It should refer to the relevant paragraph of Article 51 of the Federal Law No. 53, which contains the legal grounds for dismissal. A sample of writing a report is presented below:
Source: russiansu.ru
Having received a report from a serviceman or unit commander for dismissal, the unit commander, in accordance with Order of the military department No. 444 dated February 29, 2012, , regulating the work of attestation commissions, submits the document for consideration by this body:
6. Meeting of the attestation The commission of the military unit is carried out with the participation of the certified serviceman, his immediate or direct superior, when considering the certification sheet containing a conclusion about the inconsistency of the serviceman with his military position, or a review in which it is noted that the certified serviceman has significant shortcomings in the performance of general, official or special duties, and also if there is a statement by the certified serviceman about disagreement with the submitted certification sheet and the recall set forth in it.
Order No. 44 sets specific deadlines for consideration of the issue of dismissal of a serviceman by the attestation commission. They depend on the level of command at which they are created. So:
In the event that an additional verification is necessary, the term for consideration of the dismissal report may be extended by a maximum of 15 days, of which the serviceman who submitted it must be notified.
If the attestation commission issued a positive opinion, the commander on this basis issues an order for dismissal.
For dismissal, a soldier must have:
Payments to be paid upon dismissal from military service are provided for by part 3 of Art. 2 Federal Law No. 306 on monetary allowance . This regulatory document also contains the criteria by which they are charged.
In FZ No. 306 , as well as in the Procedure for providing monetary allowance , it is indicated that contract servicemen are paid a lump sum as remuneration upon dismissal. The amount of the payment is determined by the number of salaries paid and depends on the total length of military service. So, with length of service:
The higher the military rank and position held at the time of dismissal, the greater the amount of the lump sum he will receive.
In addition to the severance pay, the dismissed person also receives a cash bonus for conscientious attitude to his official duties.
This type of incentive is provided for by Government Decree No. 993 dated 05.12.11 . Its size depends on the contribution of the soldier and can reach a three-month salary.
Norm of Decree No. 993 also provides for the possibility of paying annual financial assistance. Its minimum size corresponds to one monthly salary. It is paid annually in December, together with the allowance, or upon dismissal, if it has not been paid earlier.
If the dismissal of a serviceman occurs at the beginning of the year, then material assistance will be issued already for the new year.
