Won a 10 year case with the Board with the help of NVSLP

E

elbaum1975

PEB Forum Regular Member
Registered Member
Long story short to a long road traveled.

I took my case all the way to Federal Court and was victorious with the help of some wonderful and caring lawyers from NVSLP. Please see below for the wording in the decision.

The approved Record of Proceedings has been forwarded to the National Guard Bureau. They will take action to correct your records and will provide you with official notification as soon as the directed correction has been made. However, due to the large number of cases in process, please be advised that it may be several months before corrections are completed. Any inquiry concerning your case should be addressed to the Army National Guard Readiness Center, Appeals and Analysis (ARNG-HRH-A), 111 South George Mason Drive Building 2,Arlington VA 22204-1382.

A copy of this decision was forwarded to the Defense Finance and Accounting Service (DFAS). Because DFAS pays by Electronic Transfer, veterans separated from the service must email an SF 1199a (Direct Deposit Form) or a check with the word VOID written across the
face, along with their ABCMR docket number, full social security number, current mailing address and phone number to [email protected]. DFAS questions should be addressed to their customer service at (317) 212-6167 or by email at the above-mentioned address.

My question is..how does CRSC work and any idea how long the correction process takes or estimated, prior to the current state of affairs of course.

I served over fourteen years total between the various branches I served in.

I have a hundred percent from the VA and the board granted 30 percent and placed me on the PDRL effective 05/12.

I’ve seen conflicting information where you can’t collect both but the VA site specifically states otherwise.

  • You had 20 or more years of service in the military, National Guard, or Reserve, or
  • You retired for medical reasons with a disability rating of at least 30% (under Chapter 61), or

  • You’re on the Temporary Disability Retired List (TDRL), or
  • You’re on the Permanent Disability Retired List (PDRL)
This was a matter of principle to me. The Guard “separated” Me after 24 years, two combat tours and did not even offer me the option to board me, yet my discharge stated I was placed on PDRL. Made it look right on paper but didn’t follow the process and I’m sure there are several others in my same predicament. So hang tight and do the right thing and the truth will always shine through
 
Congratulations on your victory. You apply to your service for CRSC. It is a separate process than medical retirement. The timing varies by service. I got an USAF decision in weeks. Then it went to DFAS. Their calculations took less than a month, but implementation took two months.
 
Congratulations on obtaining relief at the ABCMR. NVLSP and the BigLaw attorneys handling their cases pro bono are a tremendous resource for veterans.

It will likely take 6 months or more for your military records to be corrected to reflect your disability retirement effective May 2012. Particularly with the National Guard Bureau involved, it will take time to get orders cut and for DFAS to calculate and pay any retroactive disability retired pay due. The retired pay calculation will net out any VA benefits received as well as Survivor Benefits Program premiums that would have been paid. You will also need to set up a DFAS retired pay account, which will also involve completing the SBP paperwork. You should be contacted by someone at the US Army Physical Disability Agency to help you start getting the administrative things taken care of.

It is not prudent to apply for CRSC until all of this correction action is complete to ensure that the CRSC office at the Army Human Resources Command has all your updated, corrected information for determining your CRSC eligibility. The Army HRC website has information on CRSC and applications.

Keep in mind that because your disability retirement making you eligible for CRSC was the result of a correction of records, you will be eligible for retroactive CRSC payments back to the corrected retirement date of May 2012, or the date upon which you started receiving VA benefits if later (assuming you meet the combat related and VA eligibility criteria). You are not limited to only 6 years of retroactive CRSC payments.

As a general rule, veterans eligible for military disability retired pay pursuant to Chapter 61, U.S. Code with less than 20 years of active service, became eligible for CRSC effective January 1, 2008, assuming the veteran met the combat-related and VA rating requirements. See 10 U.S.C. § 1413a (the statutory authorization for CRSC); DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 63 (June 2024) (the DoD regulation implementing the statutory authority).

Although not referenced in the text of either 10 U.S.C. § 1413a or the CRSC provisions of DoD 7000.14-R, a claim for a CRSC payment is subject to the six-year statute of limitations of the Baring Act, 31 U.S.C. § 3702. See Soto v. United States, 92 F.4th 1094 (Fed. Cir. 2024). Accordingly, the government is limited to paying CRSC for the period within six years after the claim accrues. In the CRSC context, claim accrual is the date upon which the veteran became eligible for CRSC, even if the veteran failed to submit a claim.

One exception to the time of claim accrual triggering the six-year limitations period involves a correction of records. If a veteran becomes eligible for CRSC due to a correction of the veteran’s military or naval records (through a lawsuit or correction board action), then the veteran’s claim for the CRSC payment accrues on the date of the record correction. See DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 10, ¶ 2.3 (June 2024) (“2.3 Statute of Limitations. If a payment is due as a result of a correction of record, the claim for such payment accrues on the date of the correction. A claimant has 6 years from the date of the correction of record to claim the payment owed as a result of the correction of record.”). As a result, the calculation of the amount of any retroactive CRSC payment due would be based on the corrected date of CRSC eligibility resulting from the record correction action (typically the corrected, retroactive date of disability retirement) and would not be subject to the six-year statute of limitations except going forward from the date the court or correction board ordered the correction of record.

When you do apply for CRSC, you should make the factual background regarding the correction of records clear in the CRSC application in continuation sheets to the form. It is important that you make clear to the CRSC office at HRC and DFAS that your retroactive effective date of disability retirement was due to a records correction. This would include the relevant Claims Court decision, ABCMR Record of Proceedings, amended orders and DD 214 (if one), and a copy of DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 10, ¶ 2.3. Otherwise, you risk getting an analyst who is not familiar with the process who might simply apply the six year statute of limitations without much thought.
 
chaplaincharlie said:
Congratulations on your victory. You apply to your service for CRSC. It is a separate process than medical retirement. The timing varies by service. I got an USAF decision in weeks. Then it went to DFAS. Their calculations took less than a month, but implementation took two month
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RetiredAtty said:
Congratulations on obtaining relief at the ABCMR. NVLSP and the BigLaw attorneys handling their cases pro bono are a tremendous resource for veterans.

It will likely take 6 months or more for your military records to be corrected to reflect your disability retirement effective May 2012. Particularly with the National Guard Bureau involved, it will take time to get orders cut and for DFAS to calculate and pay any retroactive disability retired pay due. The retired pay calculation will net out any VA benefits received as well as Survivor Benefits Program premiums that would have been paid. You will also need to set up a DFAS retired pay account, which will also involve completing the SBP paperwork. You should be contacted by someone at the US Army Physical Disability Agency to help you start getting the administrative things taken care of.

It is not prudent to apply for CRSC until all of this correction action is complete to ensure that the CRSC office at the Army Human Resources Command has all your updated, corrected information for determining your CRSC eligibility. The Army HRC website has information on CRSC and applications.

Keep in mind that because your disability retirement making you eligible for CRSC was the result of a correction of records, you will be eligible for retroactive CRSC payments back to the corrected retirement date of May 2012, or the date upon which you started receiving VA benefits if later (assuming you meet the combat related and VA eligibility criteria). You are not limited to only 6 years of retroactive CRSC payments.

As a general rule, veterans eligible for military disability retired pay pursuant to Chapter 61, U.S. Code with less than 20 years of active service, became eligible for CRSC effective January 1, 2008, assuming the veteran met the combat-related and VA rating requirements. See 10 U.S.C. § 1413a (the statutory authorization for CRSC); DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 63 (June 2024) (the DoD regulation implementing the statutory authority).

Although not referenced in the text of either 10 U.S.C. § 1413a or the CRSC provisions of DoD 7000.14-R, a claim for a CRSC payment is subject to the six-year statute of limitations of the Baring Act, 31 U.S.C. § 3702. See Soto v. United States, 92 F.4th 1094 (Fed. Cir. 2024). Accordingly, the government is limited to paying CRSC for the period within six years after the claim accrues. In the CRSC context, claim accrual is the date upon which the veteran became eligible for CRSC, even if the veteran failed to submit a claim.

One exception to the time of claim accrual triggering the six-year limitations period involves a correction of records. If a veteran becomes eligible for CRSC due to a correction of the veteran’s military or naval records (through a lawsuit or correction board action), then the veteran’s claim for the CRSC payment accrues on the date of the record correction. See DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 10, ¶ 2.3 (June 2024) (“2.3 Statute of Limitations. If a payment is due as a result of a correction of record, the claim for such payment accrues on the date of the correction. A claimant has 6 years from the date of the correction of record to claim the payment owed as a result of the correction of record.”). As a result, the calculation of the amount of any retroactive CRSC payment due would be based on the corrected date of CRSC eligibility resulting from the record correction action (typically the corrected, retroactive date of disability retirement) and would not be subject to the six-year statute of limitations except going forward from the date the court or correction board ordered the correction of record.

When you do apply for CRSC, you should make the factual background regarding the correction of records clear in the CRSC application in continuation sheets to the form. It is important that you make clear to the CRSC office at HRC and DFAS that your retroactive effective date of disability retirement was due to a records correction. This would include the relevant Claims Court decision, ABCMR Record of Proceedings, amended orders and DD 214 (if one), and a copy of DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 10, ¶ 2.3. Otherwise, you risk getting an analyst who is not familiar with the process who might simply apply the six year statute of limitations without much thought.
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Damn man thank you all for that information. I just spent so much time fighting this, the last thing I need is another administrative hiccup
 
elbaum1975 said:
Long story short to a long road traveled.

I took my case all the way to Federal Court and was victorious with the help of some wonderful and caring lawyers from NVSLP. Please see below for the wording in the decision.

The approved Record of Proceedings has been forwarded to the National Guard Bureau. They will take action to correct your records and will provide you with official notification as soon as the directed correction has been made. However, due to the large number of cases in process, please be advised that it may be several months before corrections are completed. Any inquiry concerning your case should be addressed to the Army National Guard Readiness Center, Appeals and Analysis (ARNG-HRH-A), 111 South George Mason Drive Building 2,Arlington VA 22204-1382.

A copy of this decision was forwarded to the Defense Finance and Accounting Service (DFAS). Because DFAS pays by Electronic Transfer, veterans separated from the service must email an SF 1199a (Direct Deposit Form) or a check with the word VOID written across the
face, along with their ABCMR docket number, full social security number, current mailing address and phone number to [email protected]. DFAS questions should be addressed to their customer service at (317) 212-6167 or by email at the above-mentioned address.

My question is..how does CRSC work and any idea how long the correction process takes or estimated, prior to the current state of affairs of course.

I served over fourteen years total between the various branches I served in.

I have a hundred percent from the VA and the board granted 30 percent and placed me on the PDRL effective 05/12.

I’ve seen conflicting information where you can’t collect both but the VA site specifically states otherwise.

  • You had 20 or more years of service in the military, National Guard, or Reserve, or
  • You retired for medical reasons with a disability rating of at least 30% (under Chapter 61), or

  • You’re on the Temporary Disability Retired List (TDRL), or
  • You’re on the Permanent Disability Retired List (PDRL)
This was a matter of principle to me. The Guard “separated” Me after 24 years, two combat tours and did not even offer me the option to board me, yet my discharge stated I was placed on PDRL. Made it look right on paper but didn’t follow the process and I’m sure there are several others in my same predicament. So hang tight and do the right thing and the truth will always shine through
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That is interesting. I just got a decision from the ABCMR (Nov 2024). They corrected my erroneous dismissal. One day I'm an AGR at NGB then next day I was perp-walked out and backdated my orders to that day. No DD214, no leave, no pay- just- your going to jail for fraud. Well, the ABCMR, and four IG investigations found I did nothing wrong and the state somehow transferred me to the USAR and NGB concurred- I didn't know and peronel section at NGB didn't know. So apparently I was working at NGB as a USAR Soldier for nine months. I was accused of getting drill pay from USAR and AGR pay from NGB. Of course I never received drill pay because i didn't know I was even in the USAR. This was in May 2017. So after all was said and done they fixed my dd214 to add 80 days from when I was going to get out. The dd214 wasn't produced until Nov 2017 and was sent to DFAS so I could get paid. Well, In April 2025, after holding on to my paperwork for four months they decided to send it back to NGB- same office as you and to the state.
NGB-IG said NGB couldn't do anything and I had to go to ABCMR and now it goes back to NGB for action? Have you found out anything about this additional board process? I know the NGB is jacked up and could see why they would have so many appeals to look at. They are very vindictive- especially at the higher ranks. The whole organization is toxic.
 
RangerVic said:
That is interesting. I just got a decision from the ABCMR (Nov 2024). They corrected my erroneous dismissal. One day I'm an AGR at NGB then next day I was perp-walked out and backdated my orders to that day. No DD214, no leave, no pay- just- your going to jail for fraud. Well, the ABCMR, and four IG investigations found I did nothing wrong and the state somehow transferred me to the USAR and NGB concurred- I didn't know and peronel section at NGB didn't know. So apparently I was working at NGB as a USAR Soldier for nine months. I was accused of getting drill pay from USAR and AGR pay from NGB. Of course I never received drill pay because i didn't know I was even in the USAR. This was in May 2017. So after all was said and done they fixed my dd214 to add 80 days from when I was going to get out. The dd214 wasn't produced until Nov 2017 and was sent to DFAS so I could get paid. Well, In April 2025, after holding on to my paperwork for four months they decided to send it back to NGB- same office as you and to the state.
NGB-IG said NGB couldn't do anything and I had to go to ABCMR and now it goes back to NGB for action? Have you found out anything about this additional board process? I know the NGB is jacked up and could see why they would have so many appeals to look at. They are very vindictive- especially at the higher ranks. The whole organization is toxic.
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Surprisingly my NGB 22 and accompanying administrative items have already been updated and I received the paperwork. They sent it to my old address so I never received it but my attorney provided me copies. Appears it was completed around the 20th of March which was only a few weeks after the court had sent out the directive. Fairly quick.

So that really was what I was waiting for. I was completely unaware of the CRSC until fairly recently so that was more a cherry on top more than anything else. I had complete written off the correction until the attorneys reached out to me because I had assumed because I was 100 percent from the VA that I would receive nothing and it was more a matter of principle to me.

The same nonprofit reached out to me offering to assist me through the CRSC process as well. These people are angels. I know if and when I may receive a retro that I will be making a nice donation to this group. There really is no one out there that can help you through this process. I’m sure all the veteran groups are great, but the legal knowledge involved in fighting a federal court I am doubting they have on staff.
 
elbaum1975 said:
Surprisingly my NGB 22 and accompanying administrative items have already been updated and I received the paperwork. They sent it to my old address so I never received it but my attorney provided me copies. Appears it was completed around the 20th of March which was only a few weeks after the court had sent out the directive. Fairly quick.

So that really was what I was waiting for. I was completely unaware of the CRSC until fairly recently so that was more a cherry on top more than anything else. I had complete written off the correction until the attorneys reached out to me because I had assumed because I was 100 percent from the VA that I would receive nothing and it was more a matter of principle to me.

The same nonprofit reached out to me offering to assist me through the CRSC process as well. These people are angels. I know if and when I may receive a retro that I will be making a nice donation to this group. There really is no one out there that can help you through this process. I’m sure all the veteran groups are great, but the legal knowledge involved in fighting a federal court I am doubting they have on staff.
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Well, it looks like when you think you have finally won it, all goes back to this Army National Guard Readiness Center, Appeals and Analysis section with the possibility of getting denied. I guess after working there so long i just don't trust them to do the right thing. The records correction was pretty quick, but the backpay has been held up pending this NGB review.
 
RangerVic said:
Well, it looks like when you think you have finally won it, all goes back to this Army National Guard Readiness Center, Appeals and Analysis section with the possibility of getting denied. I guess after working there so long i just don't trust them to do the right thing. The records correction was pretty quick, but the backpay has been held up pending this NGB review.
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What is it exactly they have the possibility of denying if they have already done the correction so I know what to look out for?

I understand your frustration. The hypocrisy of the leadership in the military is nauseating. I live my life by the mantra “Do the right thing” and
my experience has been the leadership there is shit. They could do the right thing the first time and just be done with it. Then when given the option to
Do the right thing the second time and correct the issue..the still deny. It’s pathetic
 
elbaum1975 said:
What is it exactly they have the possibility of denying if they have already done the correction so I know what to look out for?

I understand your frustration. The hypocrisy of the leadership in the military is nauseating. I live my life by the mantra “Do the right thing” and
my experience has been the leadership there is shit. They could do the right thing the first time and just be done with it. Then when given the option to
Do the right thing the second time and correct the issue..the still deny. It’s pathetic
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You are not wrong. My first assignment at NGB was as an IG. There was a lot of cover your ass and cover the commander's ass. After all, the IG works for the commander/director.
 
WE ARE IN A ABCMR ITS AT FINAL PEB VOTE NOW. IT WOULD BE BACKDATED TO 2006. MED BOARDED TWICE FOR PTSD AND SENT MY HUSBAND BACK TO IRAQ AND THEN THEY "LOST ALL HIS RECORDS AFTER A CONGRESSIONAL OVER IT WAS FILED. THE RETIRED CORNEL IS STILL ALIVE HAD RECORDS AND WROTE ME A LETTER. JAG LAWYER FOUND RECORDS ALSO AND THEY FAUGHT IT AT FIRST WITH NARSUM BUT THE HEAD OF MEB FOUND COMPLEATLY IN HIS FAVOR THAT WHAT I WAS CLAIMING IS WELL DOCUMENTED. HE HAS BEEN 100% p&t VA SINCE 2014 BUT GOT NOTHING FOR OVER 10 YEARS AND SHOULD GET SPECIAL COMBAT PAY AS OBVIOUSLY COMBAT RELATED PAY AND TRI CARE AND HIS GI BILL AND THEY STATED THAT IN MEB. WE HAVE BEEN WAITING ON PEB RAITINGS FOR TWO MONTHS. NERVOUS ITS BEEN SUCH A LONG FIGHT SO SO SICK OF FIGHTING FOR WHATS RIGHT. HIS DD214 NOW SAYS FULLY HONORABLE AND AND HE FINALLY HAS HIS GI BILL AT 46 YEARS OLD LOL. SO CORUPT.
 
elbaum1975 said:
Long story short to a long road traveled.

I took my case all the way to Federal Court and was victorious with the help of some wonderful and caring lawyers from NVSLP. Please see below for the wording in the decision.

The approved Record of Proceedings has been forwarded to the National Guard Bureau. They will take action to correct your records and will provide you with official notification as soon as the directed correction has been made. However, due to the large number of cases in process, please be advised that it may be several months before corrections are completed. Any inquiry concerning your case should be addressed to the Army National Guard Readiness Center, Appeals and Analysis (ARNG-HRH-A), 111 South George Mason Drive Building 2,Arlington VA 22204-1382.

A copy of this decision was forwarded to the Defense Finance and Accounting Service (DFAS). Because DFAS pays by Electronic Transfer, veterans separated from the service must email an SF 1199a (Direct Deposit Form) or a check with the word VOID written across the
face, along with their ABCMR docket number, full social security number, current mailing address and phone number to [email protected]. DFAS questions should be addressed to their customer service at (317) 212-6167 or by email at the above-mentioned address.

My question is..how does CRSC work and any idea how long the correction process takes or estimated, prior to the current state of affairs of course.

I served over fourteen years total between the various branches I served in.

I have a hundred percent from the VA and the board granted 30 percent and placed me on the PDRL effective 05/12.

I’ve seen conflicting information where you can’t collect both but the VA site specifically states otherwise.

  • You had 20 or more years of service in the military, National Guard, or Reserve, or
  • You retired for medical reasons with a disability rating of at least 30% (under Chapter 61), or

  • You’re on the Temporary Disability Retired List (TDRL), or
  • You’re on the Permanent Disability Retired List (PDRL)
This was a matter of principle to me. The Guard “separated” Me after 24 years, two combat tours and did not even offer me the option to board me, yet my discharge stated I was placed on PDRL. Made it look right on paper but didn’t follow the process and I’m sure there are several others in my same predicament. So hang tight and do the right thing and the truth will always shine through
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How has your claim worked out? My husband was in a similar situation with a correction of military records that changed his honorable discharge in 2002 to medically retired in 2023. I went to this page and received the same information from the same very kind gentlemen who are so generous with their time. Cutting to the chase - my husband was awarded 20% CRSC in May 2025. As predicted, DFAS only went back 6 years instead of the 17 he earned. We will have to fight this just as hard as we fought for his upgrade. (Senator Ted Cruz had to fix that for us) :( Did you get a better outcome?
 
desertwoman said:
How has your claim worked out? My husband was in a similar situation with a correction of military records that changed his honorable discharge in 2002 to medically retired in 2023. I went to this page and received the same information from the same very kind gentlemen who are so generous with their time. Cutting to the chase - my husband was awarded 20% CRSC in May 2025. As predicted, DFAS only went back 6 years instead of the 17 he earned. We will have to fight this just as hard as we fought for his upgrade. (Senator Ted Cruz had to fix that for us) :( Did you get a better outcome?
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I haven’t received a decision on my CRSC.

My retirement was retroactive as of my my discharge in DFAS as this was just completed in the last few weeks. I did make sure when I submitted the CRSC that I included the verbiage the above poster included regarding the retroactive retirement was based off an error.

You’d figure, with as much as this happened, that would be something they would know to take in to consideration. Also, I’m wondering with the recent Supreme Court decision, how will that affect your case.

If you don’t mind me asking, were you all surprised at the 20 percent or were you anticipating more? Just wondering how selective they are regarding disabilities and how they apply them to CRSC
 
It took NVLSP 4 years to get the correction of military records for my husband, but that was due to Covid and the Army being so slow with responses. When we filed for CRSC in February of this year, we got the award letter in May. Then DFAS sent his giant $346 retro pay in July. Actually, they didn't even send a letter. We just saw it posted in his bank account then we went on his myPay account to see the justification for that small amount. We sent a request for help to Senator Cruz yesterday and they responded immediately. We have already sent them the relevant paperwork and they have already sent it to DFAS for an audit. All of this in LESS THAN 24 HOURS! I hope this means they see merit in our argument for 17 years of retro pay. As for the 20% rating - it's because the shoulder injury was the ONLY one we could prove with an incident report and hospital records at Fort Bragg. His TBI from an IED in Kosovo ended his career but we didn't even try to fight it because we have no incident report and no hospital records. So that's a 100% rating down the drain due to NO RECORDS. There is a big difference between Service Connect (SC) VA ratings and injuries that qualify for CRSC. That is explained quite clearly on the DD Form 2860 and it requires a great deal of proof and lots of documents. Still, your CRSC claim should not take any longer than ours did - about 6 months from beginning to end (not including our ongoing fight!)
 
RetiredAtty said:
Congratulations on obtaining relief at the ABCMR. NVLSP and the BigLaw attorneys handling their cases pro bono are a tremendous resource for veterans.

It will likely take 6 months or more for your military records to be corrected to reflect your disability retirement effective May 2012. Particularly with the National Guard Bureau involved, it will take time to get orders cut and for DFAS to calculate and pay any retroactive disability retired pay due. The retired pay calculation will net out any VA benefits received as well as Survivor Benefits Program premiums that would have been paid. You will also need to set up a DFAS retired pay account, which will also involve completing the SBP paperwork. You should be contacted by someone at the US Army Physical Disability Agency to help you start getting the administrative things taken care of.

It is not prudent to apply for CRSC until all of this correction action is complete to ensure that the CRSC office at the Army Human Resources Command has all your updated, corrected information for determining your CRSC eligibility. The Army HRC website has information on CRSC and applications.

Keep in mind that because your disability retirement making you eligible for CRSC was the result of a correction of records, you will be eligible for retroactive CRSC payments back to the corrected retirement date of May 2012, or the date upon which you started receiving VA benefits if later (assuming you meet the combat related and VA eligibility criteria). You are not limited to only 6 years of retroactive CRSC payments.

As a general rule, veterans eligible for military disability retired pay pursuant to Chapter 61, U.S. Code with less than 20 years of active service, became eligible for CRSC effective January 1, 2008, assuming the veteran met the combat-related and VA rating requirements. See 10 U.S.C. § 1413a (the statutory authorization for CRSC); DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 63 (June 2024) (the DoD regulation implementing the statutory authority).

Although not referenced in the text of either 10 U.S.C. § 1413a or the CRSC provisions of DoD 7000.14-R, a claim for a CRSC payment is subject to the six-year statute of limitations of the Baring Act, 31 U.S.C. § 3702. See Soto v. United States, 92 F.4th 1094 (Fed. Cir. 2024). Accordingly, the government is limited to paying CRSC for the period within six years after the claim accrues. In the CRSC context, claim accrual is the date upon which the veteran became eligible for CRSC, even if the veteran failed to submit a claim.

One exception to the time of claim accrual triggering the six-year limitations period involves a correction of records. If a veteran becomes eligible for CRSC due to a correction of the veteran’s military or naval records (through a lawsuit or correction board action), then the veteran’s claim for the CRSC payment accrues on the date of the record correction. See DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 10, ¶ 2.3 (June 2024) (“2.3 Statute of Limitations. If a payment is due as a result of a correction of record, the claim for such payment accrues on the date of the correction. A claimant has 6 years from the date of the correction of record to claim the payment owed as a result of the correction of record.”). As a result, the calculation of the amount of any retroactive CRSC payment due would be based on the corrected date of CRSC eligibility resulting from the record correction action (typically the corrected, retroactive date of disability retirement) and would not be subject to the six-year statute of limitations except going forward from the date the court or correction board ordered the correction of record.

When you do apply for CRSC, you should make the factual background regarding the correction of records clear in the CRSC application in continuation sheets to the form. It is important that you make clear to the CRSC office at HRC and DFAS that your retroactive effective date of disability retirement was due to a records correction. This would include the relevant Claims Court decision, ABCMR Record of Proceedings, amended orders and DD 214 (if one), and a copy of DoD 7000.14-R, Financial Management Regulation, Vol. 7B, Ch. 10, ¶ 2.3. Otherwise, you risk getting an analyst who is not familiar with the process who might simply apply the six year statute of limitations without much thought.
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I finally got my CRSC approval and it was 90 percent.

Im concerned now my backpay will be screwed up. Once I seen the letter uploaded, I contacted CRSC to insure this would not happen. The lady I spoke with directed me to DFAS stating all payments will go through them.

Is there a place I can look on the CRSC documentation to make sure the correct date is applied or is this something I am just going to need to ride out.
 
I logged in to my DFAS account today and was extremely disheartend to see a retro pay in there of $2658. I am hoping this is some sore of other pay. My retirement was from an ABCMR correction. I was approved in October and received my first payment this month. SO someone plese give me some good news and tell me this my retro from my actual first CRSC approval and not my actual retirement and I am still waiting ...

Anyone..
 
So have you been getting VA pay during this whole time? If so, then it may be all that is owed to you. Any VA compensation received will offset a medical retirement pension. So for most getting medically retired via retro ABCMR means getting tricare. No leftover pension due to VA offset. The CRSC money is there to recoup money lost due the VA offset. So then it depends on your CRSC% and the amount you were losing due to the VA offset. To calculate that you would take your longevity pension value + VA disability. If you were guard or reserves with little points your pension value would be low. If you were an officer with lots of years of active duty then your pension value will be high. CRSC pay is typically capped by the longevity pension + VA compensation cap and not the CRSC pay using VA pay charts. So you will need to do the math to see what your situation is.
 
elbaum1975 said:
I haven’t received a decision on my CRSC.

My retirement was retroactive as of my my discharge in DFAS as this was just completed in the last few weeks. I did make sure when I submitted the CRSC that I included the verbiage the above poster included regarding the retroactive retirement was based off an error.

You’d figure, with as much as this happened, that would be something they would know to take in to consideration. Also, I’m wondering with the recent Supreme Court decision, how will that affect your case.

If you don’t mind me asking, were you all surprised at the 20 percent or were you anticipating more? Just wondering how selective they are regarding disabilities and how they apply them to CRSC
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My husband's 20% CRSC pay was the same as he got from VA disability - 20%, so that's what we expected. We filed in February of 2024 and even though they knew he had a correction of military records, they only went back 6 years. Then after the military decided anyone who filed before August of 2025 would go all the way back to their eligible date, we finally got a letter from Army HR saying it would go back to 2008. So we are still waiting. (You did file before that date, right?) You can look on your iPERMS page to see where you stand, even though they won't give any specific dates. I understand there are about 17,000 veterans in the same boat. We have no choice except to be patient. But they did take some kind of VA offset that we still don't understand. Still, it was 15k for 6 years so we are hoping for a lot more for the other 11 years they originally skipped and hoped we wouldn't know the guidelines and legalities they side-stepped.
 
desertwoman said:
My husband's 20% CRSC pay was the same as he got from VA disability - 20%, so that's what we expected. We filed in February of 2024 and even though they knew he had a correction of military records, they only went back 6 years. Then after the military decided anyone who filed before August of 2025 would go all the way back to their eligible date, we finally got a letter from Army HR saying it would go back to 2008. So we are still waiting. (You did file before that date, right?) You can look on your iPERMS page to see where you stand, even though they won't give any specific dates. I understand there are about 17,000 veterans in the same boat. We have no choice except to be patient. But they did take some kind of VA offset that we still don't understand. Still, it was 15k for 6 years so we are hoping for a lot more for the other 11 years they originally skipped and hoped we wouldn't know the guidelines and legalities they side-stepped.
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Ypur husband got screwed because the only exception to the six years was due to a correction of records. These people are incompetent. I tried to be proactive and included all the verbiage regarding the law and they still managed to screw this up.
 
Provis said:
So have you been getting VA pay during this whole time? If so, then it may be all that is owed to you. Any VA compensation received will offset a medical retirement pension. So for most getting medically retired via retro ABCMR means getting tricare. No leftover pension due to VA offset. The CRSC money is there to recoup money lost due the VA offset. So then it depends on your CRSC% and the amount you were losing due to the VA offset. To calculate that you would take your longevity pension value + VA disability. If you were guard or reserves with little points your pension value would be low. If you were an officer with lots of years of active duty then your pension value will be high. CRSC pay is typically capped by the longevity pension + VA compensation cap and not the CRSC pay using VA pay charts. So you will need to do the math to see what your situation is.
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I am a hundred percent VA and receive champVA. The tricare is not relevant. CRSC has already been calculated and I receive a little over $900 a month before they recoup the SBP and after all the offsets.

My CRSC was approved in October and I received my first payment in February. Hell the amount of backpay I received would not even go back to October much less 2012.
 
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