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1 Transition from Currently Serving to Retired Military and/or Non-Retiree Status When a wounded, ill, or injured, service member transitions from active duty to medically retired, separated “veteran”, or retiree status, caregivers are faced with many confusing, interconnected programs that have a direct impact on the lifetime benefits and compensation of the service member. One of the most important things to remember during this transition is to ensure your service member is provided a complete copy of their medical records. The medical records are instrumental to providing a fully developed claim for VA compensation and benefits at discharge and if any disabilities worsen in the future. The following sections are designed to help caregivers navigate the various phases of the Integrated Disability Evaluation Systems critical processes the Medical and Physical Evaluation Boards as the service member moves (transitions) from active duty to veteran status. As you can see by the following diagram, the disability system can be overwhelming. Service Specific Guides to the IDES Process Each service has developed specific guides to help caregivers and service members understand the IDES process. Theses guides give service specific timeframes and service specific information to assist families in the IDES process. The guides lists the rights that service

Transcript of Ides Dod Guide

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Transition from Currently Serving to Retired Military and/or Non-Retiree Status

When a wounded, ill, or injured, service member transitions from active duty to medically

retired, separated “veteran”, or retiree status, caregivers are faced with many confusing,

interconnected programs that have a direct impact on the lifetime benefits and compensation of

the service member.

One of the most important things to remember during this transition is to ensure your service

member is provided a complete copy of their medical records. The medical records are

instrumental to providing a fully developed claim for VA compensation and benefits – at

discharge and if any disabilities worsen in the future.

The following sections are designed to help caregivers navigate the various phases of the

Integrated Disability Evaluation System’s critical processes – the Medical and Physical

Evaluation Boards – as the service member moves (transitions) from active duty to veteran

status. As you can see by the following diagram, the disability system can be overwhelming.

Service Specific Guides to the IDES Process

Each service has developed specific guides to help caregivers and service members understand

the IDES process. Theses guides give service specific timeframes and service specific

information to assist families in the IDES process. The guides lists the rights that service

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members have and to whom a service member needs to direct specific questions at specific

times. The guides can be located as follows:

Army http://ampo.amedd.army.mil/Guidance/IDES%20GUIDE%20BOOK_FINAL.PDF

Marines

http://www.hqmc.marines.mil/Portals/135/Docs/JAL/Overview%20IDES%209%20Apr%2012.pdf

Navy http://www.public.navy.mil/asnmra/corb/PEB/Documents/IDES%20WEB.html

Medical Evaluation Board Process/Issues

As the service member’s recovery phase reaches the final stages, the first step in any medical

discharge process is the Medical Evaluation Board (MEB). The MEB starts once a service

member reaches their optimum medical care or when the military doctors decide, even with

further medical treatment, that the service member cannot continue return to duty.

During the MEB, military doctors document the service member’s medical conditions that limit

his/her ability to perform his/her duties and continue to serve. This list of conditions that may

make a service member unable to perform his/her required duties is called a Narrative Summary,

commonly referred to as a NARSUM. This NARSUM is used to determine if the service

member’s long-term medical condition(s) “meets medical retention standards.”

An important note to remember during the MEB process is to ensure all of the service member’s

medical conditions are included in the NARSUM. This document determines the service

member’s outcome at the end of the Disability Evaluation System.

It is important for caregivers, especially in cases involving Traumatic Brain Injury and Post-

Traumatic Stress, to be involved in the both the MEB and Physical Evaluation Board (PEB)

processes. You have first-hand information regarding the service member’s limitations and can

provide the medical doctors important information regarding your service member’s conditions

and limitations.

The MEB is not a formal board because it does not drive the decision of the service as to whether

or not a service member will be retained, separated, or retired. MEB findings – the list of

conditions a service member has that MAY make him/her unfit for duty – are referred to the PEB

which formally determines fitness for continued service. However, a service member may

appeal if they disagree with the MEB decision or ask for an Independent Medical Review (IMR)

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and/or a review by the local Judge Advocate General (JAG). One note, the JAG is an expert on

DoD programs/policies and may have limited knowledge with VA programs. And, if at any time

you need additional review time, just ask.

Throughout the process, caregivers and their service member can receive counseling from the

Physical Evaluation Board Liaison Officer (PEBLO) who is there to provide information and

advocacy during the MEB/PEB processes.

The governing instruction related to both the MEB and PEB is DODI 1332.38. More details on

the MEB/PEB process can be found here.

(http://www.militaryonesource.mil/casualty?content_id=268956)

Physical Evaluation Board Process/Issues

The second step of the medical discharge process is the Physical Evaluation Board (PEB). The

PEB is charged to review the MEB documentation and recommendations to determine if the

service member is fit for continued military service or “fit for duty.”

There is a distinct difference between the two. The MEB is a medical process where the PEB is

a personnel process. The PEB looks at the MEB’s Narrative Summary or NARSUM, the

Compensation and Pension (C&P) exam(s), and the service member’s medical records, and

considers whether the medical condition(s) impact the member’s ability to do their job or renders

them non-deployable or world-wide assignable.

At any time during the process, service members may seek out assistance with a Veteran Service

Officer (VSO).

The PEB is broken into four phases: the Informal Board, the Member’s Review, the Formal

Board, and the Final Decision.

Informal Board – Once a (PEB) board has determined if the service member is no longer fit for

duty, the board assigns a disability rating. The disability rating is very important because it

determines whether the service member is retired or separated. If the rating is less than 20

percent, the service member may be discharged with or without severance pay depending

whether the PEB finds that a member’s disability existed prior to entry into the armed forces. If

the rating is 30 percent or more, the board can place the service member into one the following

categories:

Temporary Disability Retired List (TDRL) – The TDRL allows the Service to re-evaluate

the service member’s conditions that placed them on the TDRL every 12 to 18 months for

up to five years. Other conditions diagnosed during TDRL examinations will be paid if the

condition is considered unfitting and was caused by, or directly related to, the original

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condition that the service member was placed on the TDRL. While on the TDRL, the

“retiree” receives retired pay and benefits (TRICARE, commissary/exchange access, etc.) at

a rate of no less than 50% of their DoD base pay. It is very important to meet the scheduled

appointments under the TDRL. Therefore, it’s imperative to notify the Defense Enrollment

and Eligibility Reporting System (DEERS) and the Service of any change in address.

Refusal or failure to report will terminate a member’s retired pay. If the member

subsequently shows, retired pay will resume retroactively.

Permanent Disability Retired List (PDRL) – On the PDRL, the member is permanently

medically retired and receives retirement pay and benefits just like a regular retiree.

Member's Review – The service member will be advised of the Informal Board’s findings by

the PEBLO. PEBLOs provide information and assistance during the MEB/PEB processes. If the

member agrees with the Informal Board’s findings, the PEB recommendation is forwarded to the

Service for final decision. If the member disagrees with the Informal Board’s findings, the

service member can request a Formal Board.

Formal Board – The service member may appear before a formal PEB in a variety of ways – in

person, through a designated representative, or via video teleconferencing media.

An attorney is appointed (by the branch of service for free) to represent the service member at

the Formal Board or the member may have their own representation at the Formal Board (cost to

be funded by the service member). The service member may introduce witnesses, documents,

affidavits, or other evidence in their behalf. The Formal Board re-examines the medical

evidence, hears testimony, and considers any new evidence, before making its recommendation,

and the Formal Board may uphold the Informal Board’s recommendations or make a new

determination.

Final Decision – The informal or formal PEB recommendations are sent to the member’s

Service for final decision or appeal. PEBLOs or other representatives will assist the service

member and caregivers through the process. It is during this process when a

retirement/separation date is set. Additional information can be found at: DoD Instruction

(DoDI) 1332.38, Physical Disability Evaluation, November 1996, Incorporating Change 1, July

2006

In addition, the Services do have programs that allow unfit service members to remain in service

such as Continuation on Active Duty (COAD) or Continuation on Active Reserve (COAR);

however, each program is different and the policy changes. If your service member wishes to

remain in service, talk with your PEBLO to get the current eligibility requirements.

Benefits Delivery at Discharge (BDD)

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If your service member is separating or retiring outside of the disability evaluation system, the

Benefits Delivery at Discharge (BDD) program gives a service member the opportunity to apply

for VA disability compensation benefits before being discharged from service. The benefit of

the program is to speed up receipt of VA compensation so that the member will start receiving

VA pay (compensation) within 60 days of discharge.

There is a “timing” rule that exists so it is very important caregivers understand when and how

their service member can apply.

The “timing” rule establishes a 90-day application window. The service member must file the

disability claim with no less than 60 days, but no more than 180 days, remaining on active duty

prior to separation. BDD requires the 60 day-minimum to allow enough time to complete the VA

medical examination process prior to separation from service. (The VA medical exam process is

known as the Compensation and Pension exam and is commonly referred to as a C & P exam.)

Your service member can apply for the BDD program using one of two methods. They can

submit VA Form 21-526, Veteran’s Application for Compensation and/or Pension, to the nearest

VA Regional Office or they can also complete the application on-line at VA’s website

(www.VA.gov) using the Veterans Online Application (VONAPP). Additionally, the VA Form

21-526 can be downloaded from the VA website at www.va.gov and submit by mail or with the

help of a Veteran Service Officer (which is highly recommended).

Relocation/Final PCS-Related Issues

In general, a service member who is separating or retiring due to disability is allowed a final

move to a home selected by the member from his/her last duty station. A service member may

choose a home anywhere in the U.S., the home of record outside the U.S., a place outside the

U.S. where the member was initially called or ordered to active duty, or even any other place

(CAUTION: the allowance paid in these cases cannot exceed those paid as if the member

selected a home at a CONUS (Continental United States) location).

The decision to move does not have to happen immediately upon separation or retirement, but

the decision to move must be made within one year after leaving active duty. Caregivers will

need to take into consideration whether or not the service member for whom you care requires

routine specialty care that is located away from where you plan to make your final home.

If the service member is in the hospital or undergoing continuous medical treatment at a hospital

on an outpatient basis upon retirement, the one year restriction starts upon discharge from the

hospital or termination of the medical treatment.

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There are exceptions to the one year rule; however, the service member must submit an

extension request in writing to the various Service (usually the Transportation Office at the last

duty station) (outlined in the governing regulation) and the extensions are made annually for a

time period not to exceed 6 years. The request should state that the extension is being requested

due to ongoing medical treatment.

Even at the six year mark, additional time may be granted for a period not to exceed six years if

it is substantially to the member’s benefit; not costly or otherwise adverse to the Service; or if

additional time beyond the 6-year limit is required because of a member’s certified on-going

medical condition.

The important thing to remember is if you need an extension because of the service member’s

medical treatment, there is an exception available…but you must request the extension. In

addition, if you may request a weight allowance waiver especially if you have additional medical

equipment to ship.

More can be found in the governing regulation, the JFTR Vol 1, Chapter 5.

DoD/VA Payment Starts/Delays

Disability compensation programs are provided to service members who were wounded, injured,

or became ill as result of their military service. Both the Department of Defense (DoD) and the

Department of Veterans Affairs (VA) have disability compensation programs in which payments

in some cases are made from both departments, but in other cases are not.

DoD’s programs include disability severance pay and disability retired pay. VA’s programs

include disability compensation and disability pension.

Payments under these programs depend upon the level of the veteran’s disability, whether he/she

was evaluated as “unfitting” during the PEB process, years of service, base pay, and other

variables.

A good rule of thumb – disabled service members medically retired by a PEB will generally be

eligible to receive VA disability compensation.

When a service member is medically retired following a PEB, the service member’s active duty

pay stops when released from Service.

The veteran’s retired pay commences one month later as retired pay is paid in arrears (after the

fact).

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VA’s disability compensation is similar. The VA will establish an effective date for

compensation (the date which the VA determines the veteran was disabled AND eligible to

receive compensation from the VA.) This date usually coincides with the member’s last day on

active duty for a disability retirement. However, members will not receive VA compensation for

the first month…basically VA compensation is also paid in arrears (after the fact).

While awaiting disability compensation or retired pay to start, service relief societies or non-

profits may be able to assist in short term loans or grants. See

http://warriorcare.dodlive.mil/files/2013/08/Caregiver-Directory-Printer-Friendly-8-5-x-11.pdf

for a list of possible organizations.

Special Considerations for Guard/Reserve Members

Members of the Guard and Reserves require special consideration; especially if they are no

longer activated. When called onto active duty, Reserve Component (RC) members wounded, ill

or injured are treated like active duty and have their conditions evaluated by the MEB/PEB.

Wounds, injuries, or illnesses occurred in the line of duty (LOD) should be considered BEFORE

the member is deactivated.

However, the problem comes when a member is deactivated and returns to their home unit only

to have their medical condition worsen over time. The rights to an MEB/PEB process are the

same (as long as the conditions are in the “line-of-duty”), but the transition process differs.

Service members have the right to appeal conditions determined not in the line-of-duty.

Referral to the MEB is generally voluntary, and the member can request it of his/her command

when he/she is notified of a pending separation due to medical disqualification.

The member’s unit/command decides whether to submit a case as “duty-related” or “non-duty-

related”. Cases referred under the “duty-related” process are authorized MEBs.

ID cards & the Defense Eligibility Enrollment Reporting System (DEERS)

When a member receives a disability retirement, he or she is entitled to all the rights and

privileges of any other military retiree. This includes rights to a military retired identification

(ID) card that authorizes medical care (TRICARE), commissary and exchange shopping

privileges ((Navy Exchange [NEX]/Army and Air Force Exchange Service [AAFES]), and

access to morale, welfare, and recreation (MWR) facilities.

DEERS is the DoD computerized database containing information on military sponsors and their

beneficiaries who may be eligible for medical care and other military privileges. The database is

automatically updated when a new ID card is issued. Retirees who acquire new family members

after retirement should contact the nearest military ID card issuing facility for information on

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DEERS enrollment and ID card information/issuance. One quick reminder, children require ID

cards once they reach their 10th

birthday.

100% Disabled vs. Military Retiree Entitlements

If a veteran is not medically retired from DoD but is found 100% disabled by the Department of

Veterans Affairs, the veteran is entitled to a DoD ID card for commissary, exchange, and MWR

privileges. Locations to get an ID card can be found at DoD’s RAPIDS site locator.

Military Retired Pay & the Defense Finance and Accounting Service (DFAS)

Once a member becomes a retiree, the Defense Finance and Accounting Service (DFAS)

provides military retired pay services to retirees. Retirees can access their monthly pay

statements on-line at the MyPay website managed by DFAS.

Military Non-disability Retirement (types of retirement)

There are four types of military retirements: Final Pay, High-36, REDUX, and disability. This

section will outline the first three types considered “non-disability” retirements.

Final Pay: Most current retirees retired under the final basic pay system, which provides 2.5% of

final basic pay per year of service (e.g., 50% of basic pay after 20 years), with annual cost-of-

living adjustments (COLAs) tied to the rise in the Consumer Price Index during the previous

year (the same COLA system used for Social Security).

High 36: The majority of currently serving members (those that entered service after Sept 8,

1980) have their retired pay based on 2.5% of their highest 36 months’ average basic pay per

year of service, also with annual CPI-based COLAs. This system yields about 8% less lifetime

retired pay value than the final basic pay system.

REDUX: The REDUX system was enacted in 1986 and applied to people who entered service

on or after Aug 1, 1986. It provides 2.5% times high-36-month basic pay per year of service,

except that 1% is subtracted for each year of service less than 30 (e.g.., 40% of high-36-months

basic pay after 20 years of service). Further, REDUX retiree COLAs are adjusted annually at a

rate 1% less than the CPI (CPI-1). Under the REDUX law, retired pay is recomputed on a one-

time basis when the retired member attains age 62. At that point, retired pay is recomputed to

the amount that would have been payable under the high-36-month average system. After age

62, CPI-1% COLAs continue for life. The REDUX system further reduced lifetime retired pay

value by up to 27%.

Congress repealed REDUX as the default system for post-1986 entrants in 2000 after the Joint

Chiefs of Staff complained that it was undermining career retention and readiness. At the time,

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the REDUX system was the most frequently mentioned specific reason for leaving service

among separating personnel.

Under current law, the high-36-month retired pay system is the default option, but service

members have the option at the 15-year point of electing the REDUX option in return for a one-

time, $30,000 taxable career retention bonus.

Additional information and retirement pay calculators can be found on the DoD website for the

four military retirement systems.

Military Disability Retirement

Members going through a disability retirement/separation receive a disability percentage

assigned by the PEB. This rating determines whether the member’s disability qualifies for a

retirement (and all the related benefits) or a separation. The rules are:

If he/she has less than 20 years of active service and a disability rating of 30 percent or

higher, the service member qualifies for retirement, where a disability rating below 30

percent will result in separation.

If he/she has 20 or more years of active service, retirement will be recommended regardless

of his/her disability rating.

The member will be placed on the either the Temporary Disability Retired List (TDRL) or the

Permanent Disability Retired List (PDRL).

Either way, members of the TDRL or the PDRL is a retired member and entitled to all rights and

privileges of a military retiree. For pay purposes, they may include:

Participation in Survivor Benefit Plans

Voluntary/involuntary allotments from his/her retired pay

Disability compensation from the Department of Veterans Affairs

Disability Retired Pay Calculations

Retired pay is calculated differently by law based on the type of retirement. If your member is

placed on the TDRL, their retired pay is computed using one of two methods:

The member’s disability percentage (using a minimum of 50 percent for payment purposes

while on the TDRL), or

His/hers years of active service.

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The member’s retired pay is computed whichever way provides the greater benefit. For a

disability retirement, the formula used to determine a member’s retired pay is a multiplier that’s

the higher of 2½% for each year of service or the disability percentage assigned by the Service at

retirement.

Basic Pay X (Years of Service X 2.5%) or (disability percentage) = Retired Pay

Temporary Disability Retired List (TDRL) Issues

While on the TDRL, a physical examination is required at least once every 18 months. If the

member fails to report for their physical examination, his/her Service will remove him/her from

the TDRL list and retired pay will be suspended until the examination has been completed.

A member can remain on the TDRL for up to five years, providing his/her condition does not

change. If at any time he/she is found fit for duty, he/she may be removed from the TDRL and

returned to active duty.

If the service member’s condition stabilizes and is rated at 30 percent or greater at the time of re-

evaluation, the member is transferred to the Permanent Disability Retired List (PDRL). If the

disability stabilizes and is rated at less than 30 percent and the member has less than 20 years of

service, he/she is discharged from the TDRL with severance pay.

Concurrent Receipt Programs: Concurrent Retirement and Disability Pay (CRDP) and

Combat-Related Special Compensation (CRSC)

In order to understand concurrent receipt, it is necessary to provide some history behind it.

Prior to 2003, if a service member had earned both retired pay from the Service and VA

compensation for a disability or illness, the VA compensation was subtracted from the Service

member’s retired pay. This was due to a law that stated the service member could not receive

pay from two government agencies for the same service.

The VA compensation was subtracted from the Service retired pay in the form of what is called a

“VA Waiver” since the Service member agreed to “waive” retired pay to receive the VA

compensation. If your service member has a “VA Waiver,” it can be found indicated on the

retired pay stub (or commonly referred as the Retiree Account Statement (RAS) by DFAS).

With the help of Congress, many retirees now receive both earned retired pay and VA

compensation for service-connected disabilities. The process to restore pay is not complete, but

Congress has made significant progress since 2003 to eliminate the withholding of Service

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retired pay that had been earned through years of service because of a disability or illness that

was caused by the duty performed.

Currently, there are two distinct programs under concurrent receipt (pay received both from

DOD and VA for the same disability) and the rules behind the two are very complicated:

Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation

(CRSC).

Concurrent Retirement Disability Pay was established in January 2004 and eliminates the offset

of retired pay for VA disability compensation (also known as the VA Waiver) for those with 50-

100% disabilities. This is regardless of the nature of the disabilities (combat vs. non-combat).

All 20-year(+) retirees who have VA disability ratings of 50% or higher will have military

retired pay offsets (the VA Waiver) phased out over a ten-year period, starting January 1, 2004.

Retirees with less than 20 years are not eligible for Concurrent Retirement Disability Pay

(CRDP) (Temporary Early Retirement Authority or TERA retirees are the only exception).

CRDP can be retroactive to the maximum of January 1, 2004 if applicable.

The Combat Related Special Compensation (CRSC) program provides a special compensation to

members who have military retired pay offset by VA compensation because of combat-related

disabilities regardless of years of service. The program became effective May 31, 2003.

In order to receive CRSC, the service member must apply with their Service and provide specific

source documents. The document requirements and application form can be found at the Service

contacts below.

Program Comparison

It’s important to know the differences between the two programs. CRDP is for any VA rated

disability or illness while CRSC is for combat-related disabilities and illnesses.

CRDP replaces a member’ retired pay (usually taxable) where CRSC is tax-free compensation

because of its combat-related nature.

CRDP is automatically calculated when a 20+ year retiree gets a VA rating where the service

member must apply to their Service to receive CRSC (see contacts below to apply).

For CRDP, the VA notifies the Service pay agency of the VA rating and the Service pay agency

establishes the CRDP as appropriate. CRDP is based on the VA rating.

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For CRSC, the Services determine what proportion of the VA disability rating is specifically

combat-related. So CRSC uses a separate rating based on the combat-related disabilities within a

VA rating. The Service will notify your pay agency of its CRSC ruling and rating.

If a Service member is eligible for both program (CRDP and CRSC) payments, upon CRSC

notification by the Service, the pay agency will make the initial determination of which form of

pay is most advantageous to the Service member and establish either a CRDP or CRSC payment.

After this initial decision, the decision is up to the Service member each year during the open

season described below.

Pay Administration

If your service member receives CRDP, he/she receives two separate payments. One is your VA

compensation and one is your Service retired pay. The CRDP is incorporated in their Service

retired pay. The CRDP amount is phased-in each year so as CRDP rises, the VA Waiver amount

will decrease. In 2014, when CRDP is fully phased-in, the VA Waiver will go away. So in

practice, CRDP is the elimination of the VA Waiver from Service retired pay; it’s just that

simple.

Members with CRSC receive three separate payments each month. One is the Service retirement

pay with the full VA waiver deducted. One is full VA compensation. And the third pay check is

the CRSC tax-free payment. The separate tax-free CRSC pay reimburses you for the VA Waiver

amount off-setting the Service retired pay.

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Open Season

Retirees eligible under both CRDP and CRSC criteria have the ability to choose between the two

forms of compensation each year under the open season process.

As the CRDP program is phased-in through the year 2014, CRDP may become the better option

at some point. This is because the CRDP payment amounts increase each year until the year

2014 when CRDP is fully implemented. Or you may find that the CRSC rating is not high

enough to make the tax-free CRSC check better than the higher amount of taxable pay available

from CRDP’s elimination of the VA Waiver from the retire pay.

Your pay agency mails you an Open Season letter each December for you to make the choice.

Evaluating the Programs – How to Choose

If a member qualifies for both programs, the member must choose one or the other; they cannot

have both.

Why would anyone who qualifies for both programs take CRDP instead of CRSC which is tax-

free? Because it is not unusual for the combat-related rating to be lower than the VA rating. The

Service may determine for example that only 30% of the disabilities in your 70% VA rating are

combat-related. A 70% CRDP concurrent receipt payment may put more money in your pocket,

even with taxes, than a 30% CRSC tax-free payment.

CRDP-CRSC Contact Links

Army CRSC Air Force CRSC Navy/USMC CRSC

DoD CRDP-CRSC DFAS CRDP-CRSC Coast Guard/NOAA CRSC

USPHS CRSC: Compensation Branch of Commissioned Personnel at 1-800-638-8744.

DoD Support for Caregivers

DoD and other government agencies provides support, compensation, and benefits specifically

tailored to family members of recovering wounded, ill or injured service members. This section

outlines those support benefits unique to caregivers during a member’s early stages of treatment

and recovery.

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Invitational Travel Orders – Caregivers will want to be with the service member for whom

they care in order to support his/her recovery efforts. If the member is being treated at a location

away from his/her family, the family may be able to travel at government expense to be at the

service member’s bedside.

Travel costs, which include the cost of lodging, meals, etc., are expensive. The government

helps fund these costs by issuing orders for families called Invitational Travel Authorizations

(ITAs), Invitational Travel Orders (ITOs), or Emergency Family Member Travel (EFMT) orders,

depending upon your Service.

The travel orders can cover up to three members of the inpatient service member’s immediate

family or designated individual. When the service member for whom you care becomes an

outpatient, travel orders are restricted to one family member to remain with the service member

during his/her recovery.

The Services do their best to give caregivers flexibility in their travel orders by providing

periodic payments and extensions if their stay at the medical facility is an extended one.

The orders cover the cost of travel, hotel bills, meals, and some incidentals up to a maximum

daily amount determined by the location, but not all expenses are covered. For example, the cost

of renting a car is not reimbursable. Each Service handles their orders in a slightly different

manner, so it is best to check directly with them. The length of the orders varies depending on the

service member’s needs and the amount of daily “per diem” varies depending on the local cost of living

near the Military Treatment Facility (MTF).

The MTF’s finance office can provide answers to your questions about the amounts and duration

of your per diem as well as about the overall process. Keep your receipts so they are available

when you file your claim for reimbursement. (Keep copies in case the claim is lost.)

If you have additional financial concerns, the Service-branch wounded warrior programs are

associated with many nonprofit organizations that can help. Service points of contact are:

Army – the Army’s Wounded Warrior Pay Management Team (WWPMT)

Navy – the local Personnel Support Detachment (PSD)

Marine Corps – the Marine Detachment Team (MarDet)

Air Force – the Air Force Family Liaison Officer (FLO)

Family and Medical Leave Act/Military Caregiver Leave

The National Defense Authorization Act (NDAA) for Fiscal Year 2008 and 2010 added

protection for families of military members under the Family and Medical Leave Act (FMLA) of

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1993. One major provision is called “military caregiver leave” which allows up to 26 work

weeks of leave (in a single 12-month period) to be taken by an eligible caregiver to care for a

seriously injured, ill, or wounded service member within the first 5 years of the injury or illness.

Employers with fewer than 50 workers are exempt by the law.

Employers may ask the employee to obtain a certification completed by the service member’s

health care provider. The Department of Labor has developed a new optional form (WH-385)

for employees’ use in obtaining certification that meets military caregiver leave certification

requirements. This optional form reflects certification requirements so as to permit the employee

to furnish appropriate information to support his or her request for leave to care for a covered

service member with a serious injury or illness. Additional information can be found at:

http://www.dol.gov/whd/fmla/finalrule/MilitaryFAQs.pdf

Special Compensation for Assistance With Activities of Daily Living (SCAADL)

Caregivers (sometimes referred to as a non-medical attendant) give up part, and sometimes all, of

a salary or wage to care for their loved one. Because of this sacrifice of income, the Department

of Defense provides the service member with Special Compensation for Assistance With

Activities of Daily Living (SCAADL), a special compensation, intended to assist caregivers

financially who provide nonmedical care, support and assistance for the member.

Because of funding constraints, SCAADL is given to the service member directly, not the

caregiver, and the compensation is not automatic. The Service will notify the service member if

he/she is eligible and, if he/she wishes to apply, the Service will assist in the paperwork to get the

compensation started. SCAADL can last up to 90 days after separation from the service

retirement but does not automatically transition to the VA caregiver compensation stipend, a

similar program that requires a separate application to the Department of Veterans Affairs. For

more, visit the VA Caregiver Support website.

Eligibility for SCAADL

An eligible Service member:

Has a catastrophic injury or illness incurred in the line of duty;

Has been certified by a licensed physician to be in need of assistance from another person to

perform the personal functions of everyday living; or

Would, in the absence of this provision, require some form of residential institutional care.

Page 16: Ides Dod Guide

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Homeowner Assistance Program

The American Recovery and Reinvestment Act of 2009 expanded the Homeowner Assistance

Program (HAP) to provide financial aid to disability retirees of the Armed Forces (30% or

greater disability) who incur a wound, injury, or illness in the line of duty during a deployment in

support of the Armed Forces on or after September 11, 2001 and who have a mortgage that is

“upside down” (mortgage exceeds value of the home).

Eligibility

Wounded, Injured, or Ill members of the Armed Forces – A member of the Armed Forces in

medical transition who:

1) incurred a wound, injury, or illness in the line of duty during a deployment in support of the

Armed Forces on or after September 11, 2001;

2) is rated 30% or more as a result of such wound, injury, or illness; and

3) is reassigned to further medical treatment or rehabilitation, or due to medical retirement in

connection with such disability; and

4) needs to sell their primary residence (for example, to be closer to a hospital or to work more

accommodating to the disability).

In addition, the home for which HAP benefits are being requested must have been the member’s

primary residence at the time of injury or illness.