hypertension Daughter And Discharge

[airforcemom]

Thank you for letting me be a member of this board. Long story will try to make it short. My Daughter has served for ten years, USAF. Four months ago they sent her to the Azores unaccompanied (has Husband and two small children). When they sent her there she had already been diagnosed with Depression, OCD and Thyroid of which none had been stabilized with meds. Now, 4 months later she is so bad they are sending a packet to Randolph for discharge. None of her illnesses are under control yet..... Her symptoms worsened GREATLY because she was seperated from her family...Her Thyroid is out of control. She also has Hypertension that was diagnosed in the AF.

What I need help with is what she can expect next.... what should she do to protect herself?

I really don't even know what to ask..can anyone give me some tips etc to convey to her...at this point she does seek a discharge.

Jeanette

USAF Vet

[Wings]

UNITED STATES AIR FORCE DISABILITY SYSTEM

http://www.afpc.randolph.af.mil/safmrbr/bcdisability.htm

The Air Force Disability System operates under disability laws (Title 10, USC, Chapter 61, Retire or Separation for Physical Disability) which have been enacted to establish a means of removing members from active duty who can no longer perform their duties because of physical disability.

In contrast to the Air Force Disability System, the VA's System (Title 38, USC, Veterans' Benefits), provides for compensation of members based on employability and eligibility for additional compensation to make the veteran "whole." Their evaluation does not consider a member's fitness or unfitness for military service. Since the VA must identify and apply these factors in rendering decisions, VA ratings are often higher than that of the Air Force. An individual may also find that while the Air Force did not separate them because they did not have an "unfitting condition," the VA may rate them based on their guidelines. Additionally, the VA over a period of years, may require reevaluations in accordance with a member's changed physical condition. Individuals may not receive compensation from he Air Force and VA for the same disability. Veterans often find the dual systems confusing, particularly when their benefits are adjusted.

[Nichole]

ok...my next question...how do they come up with the percentage? I saw the table of percentages...however, I have some medical issues, that I don't see covered on that table, how do they justify what percentages they come up with? And...if I am offered severance pay on my way out...do I have the option to decline or is it something I have to take?

Many Thanks for all of the very useful info!

It is much appreciated! :P

Edited January 26, 2006 by Nichole

[Testvet]

I wish I knew those answers I don't but I advise you to get good sound advice from wings, see a military lawyer or a civilian one this is your future you are talking about, you can appeal the Medical Boards decision and they will try and tell you if you fight them they will lower your ratings, but for some reason they back off when you fight back, they know they are wrong usually. Most vets that get out medically once they accept the severance package and go to the VA for compensation usually end up getting higher %'s awarded by the VA than the one the service seperated you at, dirty oh yea but what the heck if the govt can save money it's done every day. Many vets take the severance thinking they get out with a lump sum and then in 3 or 4 months start gettting a VA check, they never and I mean never tell them the VA is going to recoup the severance. Get good legal advice it's your future.

[Wings]

Like Test Vet sez, See an Attorney well versed in TITLE 10 U.S.C. !

search "disability"

http://www.law.cornell.edu/uscode/html/usc..._sup_01_10.html

Your query disability returned 210 results. Your search has returned a large number of results. You might want to consider using additional terms to narrow it.

[Nichole]

I am going to check this out!

Thank you!!!

Respectfully,

Nichole :P

[Swan]

exactly what I said if the air force gives you 52,000 the IRS is going to take back part of it for taxes as if you made it all in the same year, then the VA is going to with hold your VA SC compemsation until they collect back the 52,000 you have already been paid then you get to fight with the tax departments for Federal and or state if they take state taxes to, it just flat makes a mess out of everything. Better you get told now than to have you think you get 52,000 plus a VA check when that just isn't going to happen. Somehow the govt is going to stick you with the fickle finger of fate, my ex brother in law had to pay back 25,000......... it sucks... took him over 2 year before he collected a check and they processed his claim in 3 months he was SC for a bad back

Nicole, Testvet is absolutely correct. They will give you the $52,000 plus any paid vacation you didn't take etc but he said the IRS is going to take their part for taxes. If they do, let me know because military disability is not taxable. I have a number that will give you your taxes that were taken out back to you ASAP! They took tax out of my severence pay and had to give it back to me six months later. Unless the law has changed, and I doubt it has, you should receive the complete $52,000. Now the downfall of that is exactly what Testvet said. If they give you that lumpsum, you will not receive any monthly compensation until that amount has been recouped. I have been discharged since '98 and at a 20% SC. I am still in the negative for the next 5 years. Understand that whatever you are discharged for, the total compensation amount is for that. That is the only amount that they can touch as recoupment. If you receive service connection for anything else, they will have to pay you for the that amount. They can not recoup you for the original ailment! I know! Been there, Done that!!!

Swan :P