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10 U.S.C. § 1210 — Members on temporary disability retired list: periodic physical examination; final determination of status
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A physical examination shall be given at least once every 18 months to each member of the armed forces whose name is on the temporary disability retired list to determine whether there has been a change in the disability for which he was temporarily retired. He may be required to submit to those examinations while his name is carried on that list. If a member fails to report for an examination under this subsection, after receipt of proper notification, his disability retired pay may be terminated. However, payments to him shall be resumed if there was just cause for his failure to report. If payments are so resumed, they may be made retroactive for not more than one year.
**(b)** The Secretary concerned shall make a final determination of the case of each member whose name is on the temporary disability retired list upon the expiration of three years after the date when the member’s name was placed on that list. If, at the time of that determination, the physical disability for which the member’s name was carried on the temporary disability retired list still exists, it shall be considered to be of a permanent nature and stable.
**(c)** If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent nature and stable and is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies.
**(d)** If, as a result of a periodic examination under subsection (a), or upon a final determination under subsect
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Stable record: federal_law:legal_authorities:record_usc_1e4637fa24ccfc0cbbc37360
Source file: Laws/federal/codes/united-states-code/title-10/section-1210-members-on-temporary-disability-retired-list-periodic-physical-examinati--3a4d2e7bbb.md
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Source location: Title 10, Chapter 61, § 1210; chapter-061-retirement-or-separation-for-physical-disability.md
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**(a)** A physical examination shall be given at least once every 18 months to each member of the armed forces whose name is on the temporary disability retired list to determine whether there has been a change in the disability for which he was temporarily retired. He may be required to submit to those examinations while his name is carried on that list. If a member fails to report for an examination under this subsection, after receipt of proper notification, his disability retired pay may be terminated. However, payments to him shall be resumed if there was just cause for his failure to report. If payments are so resumed, they may be made retroactive for not more than one year.
**(b)** The Secretary concerned shall make a final determination of the case of each member whose name is on the temporary disability retired list upon the expiration of three years after the date when the member’s name was placed on that list. If, at the time of that determination, the physical disability for which the member’s name was carried on the temporary disability retired list still exists, it shall be considered to be of a permanent nature and stable.
**(c)** If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent nature and stable and is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies.
**(d)** If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent nature and stable and is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and if he has at least 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim), his name shall be removed from the temporary disability retired list and he shall be retired under section 1201 or 1204 of this title, whichever applies, with retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim).
**(e)** If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and if he has less than 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim), his name shall be removed from the temporary disability retired list and he may be separated under section 1203 or 1206 of this title, whichever applies.
**(f)**
(1) If, as a result of a periodic examination under subsection (a), or upon a final determination under subsection (b), it is determined that the member is physically fit to perform the duties of his office, grade, rank, or rating, the Secretary shall—
(A) treat the member as provided in [section 1211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1211&num=0&edition=prelim); or
(B) discharge the member, retire the member, or transfer the member to the Fleet Reserve, Fleet Marine Corps Reserve, or inactive Reserve under any other law if, under that law, the member—
(i) applies for and qualifies for that retirement or transfer; or
(ii) is required to be discharged, retired, or eliminated from an active status.
(2)
(A) For the purpose of paragraph (1)(B), a member shall be considered qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve or is required to be discharged, retired, or eliminated from an active status if, were the member reappointed or reenlisted under [section 1211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1211&num=0&edition=prelim), the member would in all other respects be qualified for or would be required to be retired, transferred to the Fleet Reserve or Fleet Marine Corps Reserve, discharged, or eliminated from an active status under any other provision of law.
(B) The grade of a member retired, transferred, discharged, or eliminated from an active status pursuant to paragraph (1)(B) shall be determined under the provisions of law under which the member is retired, transferred, discharged, or eliminated. The member’s retired, retainer, severance, readjustment, or separation pay shall be computed as if the member had been reappointed or reenlisted upon removal from the temporary disability retired list and before the retirement, transfer, discharge, or elimination. Notwithstanding [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim), a member who is retired shall be entitled to retired pay effective on the day after the last day on which the member is entitled to disability retired pay.
**(g)** Any member of the armed forces whose name is on the temporary disability retired list, and who is required to travel to submit to a physical examination under subsection (a), is entitled to the travel and transportation allowances authorized for members in his retired grade traveling in connection with temporary duty while on active duty.
**(h)** If his name is not sooner removed, the disability retired pay of a member whose name is on the temporary disability retired list terminates upon the expiration of three years after the date when his name was placed on that list.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this chapter, a member of a regular component shall be credited with the service described in paragraph (1) or that described in paragraph (2), whichever is greater:
(1) The service that he is considered to have for the purpose of separation, discharge, or retirement for length of service.
(2) The sum of—
(A) his active service as a member of the armed forces, a nurse, a reserve nurse, a contract surgeon, a contract dental surgeon, or an acting dental surgeon;
(B) his active service as a member of the National Oceanic and Atmospheric Administration or the Public Health Service; and
(C) his service while participating in exercises or performing duties under sections 502, 503, 504, and 505 of title 32.
For the purpose of paragraph (2), active service as a member of the National Oceanic and Atmospheric Administration includes active service as a member of the Environmental Science Services Administration and of the Coast and Geodetic Survey.
**(b)** A member of the armed forces who is not a member of a regular component shall be credited, for the purposes of this chapter, with the number of years of service that he would count if he were computing his years of service under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1208
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** With his consent, any member of the Army, the Air Force, or the Space Force whose name is on the temporary disability retired list, and who is found to be physically fit to perform the duties of his office, grade, or rank under [section 1210(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1210/f&num=0&edition=prelim), shall—
(1) if a commissioned officer of a regular component, be recalled to active duty and, as soon as practicable, may be reappointed by the President, by and with the advice and consent of the Senate, to the active-duty list in the regular grade held by him when his name was placed on the temporary disability retired list, or in the next higher regular grade;
(2) if a warrant officer of a regular component, be recalled to active duty and, as soon as practicable, be reappointed by the Secretary concerned in the regular grade held by him when his name was placed on the temporary disability retired list, or in the next higher regular warrant grade;
(3) if an enlisted member of a regular component, be reenlisted in the regular grade held by him when his name was placed on the temporary disability retired list or in the next higher regular enlisted grade;
(4) if a commissioned, warrant, or enlisted Reserve, be reappointed or reenlisted as a Reserve for service in his reserve component in the reserve grade held by him when his name was placed on the temporary disability retired list, or appointed or enlisted in the next higher reserve commissioned, warrant, or enlisted grade, as the case may be;
(5) if a commissioned, warrant, or enlisted member of the Army National Guard of the United States or the Air National Guard of the United States when the disability was incurred, and if he cannot be reappoint
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—** The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed “For sections”, retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes. Formula No.For sectionsColumn 1 TakeColumn 2 Multiply byColumn 3 Add 1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. 112011204Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 212021205Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list.Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based. 4580126312931305Retired pay base as computed under section 1406(b) or 1407.The retired pay multiplier prescribed in section 1409 for the years of service credited to him un
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.
**(b)** Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8301
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Federal law — U.S. Code and appendices · legal_authorities
Page 1264
TITLE 10—ARMED FORCES
§ 1210
that section is effective as of Dec. 1, 1994, and as if in-
cluded as an amendment made by the Reserve Officer
Personnel Management Act, title XVI of Pub. L.
103–337, as originally enacted.
§ 1210. Members on temporary disability retired
list: periodic physical examination; final de-
termination of status
(a) A physical examination shall be given at
least once every 18 months to each member of
the armed forces whose name is on the tem-
porary disability retired list to determine
whether there has been a change in the dis-
ability for which he was temporarily retired. He
may be required to submit to those examina-
tions while his name is carried on that list. If a
member fails to report for an examination under
this subsection, after receipt of proper notifica-
tion, his disability retired pay may be termi-
nated. However, payments to him shall be re-
sumed if there was just cause for his failure to
report. If payments are so resumed, they may be
made retroactive for not more than one year.
(b) The Secretary concerned shall make a final
determination of the case of each member whose
name is on the temporary disability retired list
upon the expiration of three years after the date
when the member’s name was placed on that
list. If, at the time of that determination, the
physical disability for which the member’s name
was carried on the temporary disability retired
list still exists, it shall be considered to be of a
permanent nature and stable.
(c) If, as a result of a periodic examination
under subsection (a), or upon a final determina-
tion under subsection (b), it is determined that
the member’s physical disability is of a perma-
nent nature and stable and is at least 30 percent
under the standard schedu
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1210
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