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U.S. Air Force Physical Disability Division
Frequently Asked Questions (FAQ)
Permissive TDY
Terminal Leave
Pending Court Martial
Applying
Tax Free
Determining Disability
Percentage
Temporary Vs. Permanent
Retired Grade
Hysterectomy
New Law, Special Compensation
Separation Vs. Retirement
Are hospitalized or incompetent members
eligible for permissive TDY (PTDY) to job and house search?
No. These Air Force members are not eligible for PTDY because they are
physically unable to perform the mission of PTDY.
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What happens to an Air Force member's accrued
leave if 60 days have already been sold?
Members retiring/separating for disability may use accrued leave that they
cannot sell back. If they have sold the maximum leave permitted by law,
AFPC/DPPDS will, if possible, add their accrued leave to the 20 day (30 days
for those stationed Overseas) processing time, to establish the final
discharge/retirement date. As with most things in life, this rule has
exceptions that can be explained on a case-by-case basis.
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Can an Air Force member be
discharged/retired for disability if court martial charges have been
preferred?
No. All disability processing ceases if court martial charges are preferred.
Processing will not continue unless a court martial sentence of dismissal or
punitive discharge is suspended, or after the member serves all of his/her
confinement time.
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I've had a lot of medical problems lately. How do I
apply for a disability discharge or retirement?
Air Force members don't "apply" for disability evaluation. AFPC/DPPD
determines eligibility for disability processing. The mere presence of a
physical defect or condition doesn't qualify a member for disability
retirement or discharge. The physical defect or conditions must render the
member unfit for duty. Disability evaluation begins only when examination,
treatment, hospitalization, or substandard performance result in referral to
a medical evaluation board (MEB). The decision to hold a medical evaluation
board rests with medical professionals assigned to the Medical Treatment
Facility at which the member receives care.
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What are the tax implications of a disability
retirement?
If, on 24 Sep 1975, you were either a member of an Armed Force or was under
a binding written commitment to become a member, and are discharged/retired
by reason of disability by the MILITARY disability evaluation system (not
VA), your retirement pay may not be taxed. Otherwise, for a tax free
retirement, you'd have to have a combat related disability. If you go
through the VA disability evaluation system and they grant you disability
compensation, that will not be taxed, regardless of whether or not you were
in the service on 24 Sep 75.
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How is the percentage of
disability determined?
The Physical Evaluation Board must use the "VA Schedule For Rating
Disabilities", along with specific DoD guidance to determine the percentage
of disability. The "VA Schedule For Rating Disabilities" can be found on the
web...although not an updated version: http://www.va.gov/regs/tle38pt4.htm
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What is the difference between
temporary and permanent disability?
The difference between temporary and permanent disability is the stability
of the medical condition. If you're condition is not deemed "stable" by the
PEB, they will recommend you be placed on the TDRL (temporary disability
retirement list). When on the TDRL, you are subject to reevaluation every 18
months and limited to 5 years max on the TDRL. At the 5 year point, if not
sooner during a re-eval, you are removed from the TDRL and either found fit;
permanently retired; or discharged with severance pay.
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If a person has recently been promoted to a rank
that carries with it an active duty service commitment (ADSC)--(e.g. people
promoted to SMSgt and CMSgt must serve 2 years in the new grade in order to
retire in the higher grade)--is the ADSC waived for people being retired for
disability?
Waiver of a service commitment is not necessary within the disability
system. Generally, disability retirees are retired in the grade they hold at
the time of retirement, regardless of any ADSC. Additionally, the law
recently changed to allow the services to retire members in the grade to
which they would have been promoted had they not been retired by reason of
physical disability. In other words, if you had a line number for Senior
Master Sergeant, but had not yet put the new rank on by the time you were to
retire by reason of being found unfit, your retired grade will be E8 rather
than E7.
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I heard that if a woman has a hysterectomy, she
is eligible for disability. Is this true?
Unless the hysterectomy caused secondary problems that made her "unfit for
military service", she would be considered fit from the "Military Disability
System" standpoint. Disability discharges and retirements are based on an
inability to perform military duties.
You may have been given information pertaining to VA disability though. In
that case, you should contact a VA representative and ask for their
assistance in establishing a claim file. The 2 disability systems (military
and VA) operate under separate sets of laws and compensate military
members/veterans for different reasons.
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I heard that Congress passed a law about
special compensation for certain disabled retirees. How do I apply?
Section 658 of the FY DoD Authorization Act is not something you have to
apply for. Eligibility will be based on data retrieval from existing files
and not a special application form. The VA will be working with DFAS
Cleveland on the implementation of this, while our organization will not
have any part at all.
For information regarding questions you may have concerning your disability
rating from the VA, you can call 1-800-827-1000.
If you have questions concerning your retired pay, you can either contact
the retired pay section at the nearest AF base, or the Defense Finance and
Accounting Service-Cleveland Center (1-800-321-1080). You can also write to
DFAS-CL at:
DFAS/U.S. Military Retirement Pay
P.O. Box 7130
London, KY 40742-7130
Fax: 1-800-469-6559
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How is it determined whether an AF
member receives a medical separation versus a retirement?
USAF members with 20 or more years of active service (service retirement
eligible)can retire, regardless of the percentage level of disability, if
they are found to be unfit and removed from the service by reason of
physical disability. People with less than 20 years of active service at the
time they are removed from the service by reason of physical disability may
be either separated or retired, based on the following:
If you have a disability that is rated by the military disability evaluation
system at 20% or lower, you can be discharged (most likely with severance
pay, unless the condition existed prior to service and was not permanently
aggravated by service or misconduct is involved).
If the condition is rated at or above 30%, and other conditions are met, you
will be disability retired..
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