TN 16 (11-92)

RS 01702.197 Disability Retirement from Armed Forces

A. POLICY

1. Beginning 10/1/49

Beginning 10/1/49:

  1. A disability resulting from the performance of active duty will not be based on the direct crediting of years of active MS (i.e., years of active MS are not a requirement for eligibility). Therefore, pre-1957 wage credits may be granted.

  2. A disability not resulting from the performance of active duty is treated as longevity retirement in determining whether MS wage credits may be granted. Thus, pre-1957 wage credits would be excluded.

2. Before 10/1/49

Before 10/1/49, enlisted members of the MS, generally, could be retired for disability after serving a minimum (usually 20 years) of active MS. Commissioned officers did not need to serve any minimum time.

If the disability retirement before 10/1/49 required a minimum of MS, we treat it the same way as a longevity retirement when determining if pre-1957 MS wage credits may be granted.

3. Waiver of Disability Retirement

If the disability retirement is based on longevity computation, pre-1957 wage credits are precluded (see archived military service POMS for exceptions for the 1951–1956 period). However, a veteran may be eligible for, and elect to receive, a VA disability compensation which is nontaxable or which may be higher than the military retirement. To receive a VA disability compensation, the military disability retirement must be waived either totally or to the extent of the VA payment.

B. PROCEDURE

Use Form SSA-654-U4 to determine the basis of the retirement, unless the veteran knows it was based on longevity (rather than a percentage of pay).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0301702197
RS 01702.197 - Disability Retirement from Armed Forces - 11/20/2015
Batch run: 11/20/2015
Rev:11/20/2015