If you are DOD TDRL/PDRL retired with less than 20 years of service please read.

oddpedestrian said:

@Camadk3

I would appeal use the services of NVLSP and get in contact with your PEBLO and MEB attorney as quickly as possible the PEB deadlines are very tight. If you haven't received a copy of the TDRL examiners exam I would get that ASAP as well to see that it actually does support the 70% rating.

Sometimes the C&P exam DBQ from the VA is conflicting and the rater just assigns the higher rating when it falls in between two. So look at question 4 on the exam Social and Occupational Impairment and then the symptoms they should correspond but many times they don't and one or the other agency will choose the lower of the two ratings. If you could post just those two answers I could make a more solid guess.

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@oddpedestrian

But I'm understanding that on a TDRL re-evaluation, his re-eval won't even make it to the VA. It just goes to the PEB, who uses their own DOD Rating Authorities to make their determination, and then it just comes back down to the PEBLO. The VA doesn't even see it.

However, one would think the DOD's RA's would still be bound to the VASRD in their determinations. It's becoming increasingly apparent that this may not be the case.

I'm just trying to figure out why and how this can be happening.

I'm hoping some of the older forum veterans can put some much needed knowledge into this.

I wanted to let you know that NVLSP has assisted several service members in the TDRL process. We would be happy for you to apply for NVLSP’s services. We are a non-profit and our services are always 100% free of charge. Contact us at 202-265-8305, ext 152; [email protected]; or www.nvlsp.org/what-we-do/lawyers-serving-warriors.

Good Afternoon All. I want to say how great this forum is and I have been able to navigate my IDES process by reading the comments and timelines and experiences of others and I am forever grateful for that. I had a question maybe you guys can help with. I just want to know what to look forward to. So I'm ative Air Force being medically retired. Only served 11 1/2 years. Got my ratings last friday: 70% DOD TDRL & 100% VA. I was pleased with the outcome but do not know what to expect going forward. What does that mean? What will my compensation be? Will I get both? Are their any special circumstances where I would get both? I am searching for clarity on this. And where can I get info on if this bill has any updates? Since receiving my ratings, I have been wondering what I would get and how all this affects me and folks like me. Any help would be great.

Hello,

Your retired pay will be reduced by the amount of your VA compensation.

If there is residual retired from the reduction/VA offset, you will be able to keep it.

You will also receive VA compensation from the VA.

You are not eligible for CRDP

You might be eligible for CRSC (Combat Related Special Compensation) which could replace some or all of the amount lost via VA offset. The AF has an excellent CRSC website.

Ron

RonG said:

Hello,

Your retired pay will be reduced by the amount of your VA compensation.

If there is residual retired from the reduction/VA offset, you will be able to keep it.

You will also receive VA compensation from the VA.

You are not eligible for CRDP

You might be eligible for CRSC (Combat Related Special Compensation) which could replace some or all of the amount lost via VA offset. The AF has an excellent CRSC website.

Ron

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can you please go into depth on explaining this please?

Onivert said:

can you please go into depth on explaining this please?

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Re: “
1. Your retired pay will be reduced by the amount of your VA compensation.

2. If there is residual retired from the reduction/VA offset, you will be able to keep it.

3. You will also receive VA compensation from the VA.

4. You are not eligible for CRDP

5. You might be eligible for CRSC (Combat Related Special Compensation) which could replace some or all of the amount lost via VA offset. The AF has an excellent CRSC website. Additionally, you can view a collection of CRSC information on this site


Answers:

Item 1– Current law requires that CH 61 retiree waive retired pay if they elect to receive VA compensation. That law has it roots in a 1890s law.
Item 2– IF your retired pay was 3000 and the VA compensation was 2500, the result would be
3000 minus 2500 = 500 residual retired pay you keep
Item 3–You get to keep the VA compensation
Item 4–You do not meet the legal requirements for CRDP
ITEM 5–You might be eligible for CRSC. See your AF CRSC site. Also see Supplement to CRSC Information (use red download button) <—-LINK to CRSC info

CRDP, CRSC, waived retired pay, etc.
From DFAS:

Many military retirees who are eligible for DoD retired pay are also eligible for VA disability pay. The laws and regulations that apply when a retiree is eligible for both types of pay are complex and can be confusing, so we created a new webpage that explains the basics of the VA waiver, and the relationship between VA disability pay, retired pay, Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC).

The law requires that a military retiree waive a portion of their gross DoD retired pay, dollar for dollar, by the amount of their Department of Veterans Affairs (VA) disability compensation pay; this is known as the VA waiver (or VA offset). The new webpage provides an overview of how the VA waiver works. It also summarizes the two programs created by Congress to allow eligible military retirees to recover some or all of the retired pay that retirees waive for VA disability pay: CRDP and CRSC.

In addition, the webpage also explains the impact on retired pay, CRDP and CRSC when a VA disability rating changes, as well as how retroactive disability rating changes might result in a retired pay or CRDP/CRSC Processing (CCP) debt.

We hope this webpage will help retirees better understand how these programs interact.

The webpage is under the “Disability Entitlements” section of the Retired Military & Annuitants area of the DFAS.mil website at:

https://go.usa.gov/xEMry

—-
Ron

oddpedestrian said:

I tried you can only be an officer to join their donations are for scholarships I was going to write them about accepting enlisted members but decided not to maybe they have a prestige motto. Most groups are dying this generation of vets are least active over their benefits than any other generation. Once they win their claim or get what they want they completely drop out of helping other vets and won't resurface until they are facing a benefit cut of some kind it's extremely selfish. I don't know what the answer is, DAV, American Legion, VFW have somehow managed to make enemies of a lot of veterans. My lobby group TREA has lobby this but said h.r. 303 has the better chance of winning and the DOD is aggressively fighting bill 333 since the offset helps them so much.

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Yes, its true, and I just did a Google search on how to revoke or withdraw DAV membership, you can't believe how many other vets are dissatisfied. I personally had a horrible experience with them, stayed on board for decade and just recently as a vested member reached out for support and all they did was provide me a NARA records link, a referral which was not functional and costed me about three weeks and a trail of emails and then they just walked off from email with me, closing out my issues when they never addressed anything so yes, there's good reason for this and why would you want to try to be active with an organization, they used to send out flyers and magazines with wounded veterans doing all sorts of events, and here I am like, why not me, why are these other guys getting to do stuff with the DAV while they just ignore me and my communication. Anywho, my 2 cents. Even had one VSO DAV try to get me to pay him a bribe and I'm lost, I am really disabled with records why would I pay him anything.

RonG said:

I am in favor of CH 61 retirees with less than 20 years receiving CRDP. However, H.R. 333 was
introduced in the House 5 January 2017 (~16 months ago) and seems to be dying a slow death just as similar proposals mentioned above have done.

Furthermore, if CRDP was expanded in that fashion, there would be a call from regular retirees with less than 20 years to receive the same benefit. This just my opinion.

HR 133 is a worthy cause, but I think Congress is more likely to tighten CRDP eligibility (or eliminate it) rather than expand it.

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I also agree CRDP will have the screws tightened greatly or eliminated. I am not arguing against anyone here on this or their current entitlement but my logic is, you do your full term to retirement passing medicals for re-enlistment periods and then all of a sudden at retirement your 100% disabled, I don't think so unless something happened right at your last period for retirement. Sure you have TDRL and such that can carry over and the years count and back and forth, that's convoluted like limdu periods maxed out. Now, if there's medical waivers and such, that's a whole another story. A lot of guys transfer to other positions which they can still mange PQ for their injuries and their career, that's documented properly with waivers. I think Congress really needs to re-evaluate this. Yeah, sure, this ruffles a lot of feathers talking about CRDP but here I come again, my first contract being very injured and my command unlawfully took me off a board and a whole lot more and I was outed with nothing, came home from war and basically next to homeless severely injured, and CRDP/CRSC could just shrug their shoulders off at me. Not all, but its the toss of logic because this doesn't concern them. I am just saying for the principle here. I haven't got to CRSC yet, but that's just like someone who just got to the fleet and injured simulating war gets CRSC because there's documents, where on another, hand a combat vet can't prove anything because there's no medical MTF for records, nothing wrote-up, or records lost or whatever....the whole system needs adjusted. And things used to be much worse than they are today, like right after 9/11.

So I am new to this thread but a quick google search turned up this article from this week. This is the same issue correct?? Potential progress ??

Reference: Usndocgreen's important post no. 109




Tracker:

CRDP Bill <---LINK

Related: "
Servicemembers who are unable to complete 20 years of service due to service-connected injuries are known as “Chapter 61 retirees.” Some retirees who suffered from injuries incurred in combat are eligible for Combat Related Special Compensation (CRSC) which mitigates to varying degrees some loss in pay due to the offset.
The Maj. Richard Star Act, announced in a Capitol Hill press conference on Tuesday, provides total offset relief for those with combat injuries – ensuring they get their full service-earned retirement based on time in service and grade, as well as their disability compensation from the VA for service-connected injuries or illness.}

Companion bill in the Senate:


Tracker:

LINK ----> S.3393 - 116th Congress (2019-2020): A bill to amend title 10, United States Code, to provide for concurrent receipt of veterans' disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat-related disability, and for other purposes. <----LINK

Ron

GUNS'N'STUFF said:

I also agree CRDP will have the screws tightened greatly or eliminated. I am not arguing against anyone here on this or their current entitlement but my logic is, you do your full term to retirement passing medicals for re-enlistment periods and then all of a sudden at retirement your 100% disabled, I don't think so unless something happened right at your last period for retirement. Sure you have TDRL and such that can carry over and the years count and back and forth, that's convoluted like limdu periods maxed out. Now, if there's medical waivers and such, that's a whole another story. A lot of guys transfer to other positions which they can still mange PQ for their injuries and their career, that's documented properly with waivers. I think Congress really needs to re-evaluate this. Yeah, sure, this ruffles a lot of feathers talking about CRDP but here I come again, my first contract being very injured and my command unlawfully took me off a board and a whole lot more and I was outed with nothing, came home from war and basically next to homeless severely injured, and CRDP/CRSC could just shrug their shoulders off at me. Not all, but its the toss of logic because this doesn't concern them. I am just saying for the principle here. I haven't got to CRSC yet, but that's just like someone who just got to the fleet and injured simulating war gets CRSC because there's documents, where on another, hand a combat vet can't prove anything because there's no medical MTF for records, nothing wrote-up, or records lost or whatever....the whole system needs adjusted. And things used to be much worse than they are today, like right after 9/11.

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People get injured all the time whether its on their 1st year or 19th year of enlistment. Some service members are desperate to get to twenty years and aren't allowed. Your lack of candor and caring is atrocious. Some service-members try to disguise or hide their disabilities to stay in. The truth is that no one should collect disability twice for the same disabling conditions. The VA should pay for conditions that did not result in medically retiring from the military (but rate every condition). FYI I am a combat veteran and retired.

@stevenveteran I disagree on the "not being able to collect disability twice" due to the facts of some of us are broken to the point of a high VA percentage, but that does not cover the bills where we live... VA wont pay for people to move to a lower cost of living area... and some of us made it Half or 2/3 the way to 20 and we lose it all because our bodies or our mental state (or both) broke to the point we could not serve anymore.... so what do we have to do??? we have to spend our time at work instead of healing because we don't get the 20yr retirement that concurrent receipt is for.... so we keep pushing on and hope we don't die.... how is it our fault we didn't make it to the magical 20 year mark????

In retrospect they should pay us a living retirement wage similar to the GS pay scales offset for cost of living.

stevenveteran said:

In retrospect they should pay us a living retirement wage similar to the GS pay scales offset for cost of living.

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I'm disabled retired as well and I have to work another job without healing as well and I do want to not work

So you kinda see my point. and I'm forcing myself everyday. just numb from depression and all that from things in the past. it doesn't help all around.

stevenveteran said:

People get injured all the time whether its on their 1st year or 19th year of enlistment. Some service members are desperate to get to twenty years and aren't allowed. Your lack of candor and caring is atrocious. Some service-members try to disguise or hide their disabilities to stay in. The truth is that no one should collect disability twice for the same disabling conditions. The VA should pay for conditions that did not result in medically retiring from the military (but rate every condition). FYI I am a combat veteran and retired.

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Stevenveteran,

Re: Collect Disability Twice

1. The retired pay for a Chapter 61 disability retiree is reduced by the amount of VA compensation received. In many/most cases this reduces the disability retirement to zero, and if not and there is residual retired pay...part or all of that amount is the longevity portion of retired pay.

2. CRSC replaces some or all of waived/offset/reduced retirement pay. That replacement cannot exceed the longevity portion of the retired pay. In cases where there was residual retired pay (see item one), the combination of residual retired pay and CRSC cannot exceed the longevity portion of retired pay.

3. Speaking only about CH 61 retirees who are also eligible for another type retirement (e.g., regular), CRDP restores only the longevity portion of retired pay.

4. I worked a case recently where a CH 61 retiree had ~2500 residual retired pay and his CRSC (which cannot exceed the longevity portion) was reduced to only 250 because the combination of residual retired pay and CRSC cannot exceed the longevity portion of retired pay. His case longevity amount = 2750; his residual 2500 plus 250 CRSC = 2750.

5. I am not sure if I have seen a case where an individual received some residual DoD disability retired pay that was in excess of the longevity that would not have been paid as CRSC otherwise. That is somewhat of an awkward sentence. So, in the example at item 4, the retiree received no more than he would have received if all the CRSC could have been paid.
The law: the combination of residual retirement pay plus CRSC cannot exceed the amount of the longevity portion of retired pay.

Ron

stevenveteran said:

People get injured all the time whether its on their 1st year or 19th year of enlistment. Some service members are desperate to get to twenty years and aren't allowed. Your lack of candor and caring is atrocious. Some service-members try to disguise or hide their disabilities to stay in. The truth is that no one should collect disability twice for the same disabling conditions. The VA should pay for conditions that did not result in medically retiring from the military (but rate every condition). FYI I am a combat veteran and retired.

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Like I said, ruffle feathers here. Your comment points right to your collection of full benefits, as I also stated, the same CDRP with CRSC could care less about my situation, being tossed out after illegally beg removed from a medical board so my command hid my injuries and combat wounds. I am well aware of people hiding their disabilities to stay in, well, its not of record. You have any idea how bad it was prior to CDRP/CRSC when long term career intentionally would do whatever so a subordinate would not receive benefits and yet, guaranteed they were the firs to line up for full CDRP/CRSC. Don't take anything against me here, I was a grunt, I understand. Just see my angle for a few minutes.

Russ35057 said:

@stevenveteran I disagree on the "not being able to collect disability twice" due to the facts of some of us are broken to the point of a high VA percentage, but that does not cover the bills where we live... VA wont pay for people to move to a lower cost of living area... and some of us made it Half or 2/3 the way to 20 and we lose it all because our bodies or our mental state (or both) broke to the point we could not serve anymore.... so what do we have to do??? we have to spend our time at work instead of healing because we don't get the 20yr retirement that concurrent receipt is for.... so we keep pushing on and hope we don't die.... how is it our fault we didn't make it to the magical 20 year mark????

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This is point on with what I'm trying to get at (though, I will fight tooth and nail until my injustices and errors are corrected), its not our fault and those who make it to the magic 20 year mark is a slap in the face to anyone who was injured to the point of "NPQ", your career is over and your forced to just struggle and fight for everything and anything. For many, let' just say combat injured (where my belief this should apply), VA compensation is not enough to cover the cost of living with a family. Why is it this magic 20 year mark all of a sudden warrant all these benefits. I've seen retirees first thing out go after the sleep apnea, tinnitus, and PTSD as its the easiest -- things like this, just gets under my skin. You got a bunch of guys who have been injured in almost 20 years of war who on another hand, were cut short from their injuries, little wrote up or done wrong, and they are left with nothing. Many of us, we were too banged up to fake physicals for re-enlistment and that would be fraud by regulations anyways, not to report a pre-existing condition. You know how many people get kicked out for not admitting a physical condition on service-entry medical for a waiver and then they are admin separated out or bad paper for false entry, how would this be any different unless the 20 year marker got injured in the last period for the rating and the VA would have to look at it and say, oh, 15 years ago you were injured but continued on your service so its not evaluated, but the benefit of the doubt goes to them instead of the combat vet with little medical or treatment records and no MTF records from combat. This is NOT just about and for the 20 year magic number retirees and all CRDP/CRSC get ruffled anytime this is brought up but do not (as I have never seen) advocate for anyone else (as illustrated above) because it doesn't effect them. I say this because for 18 years I've been on and off a job, in and out of hospitals, clinics, Dr.'s constantly, nearly lost my marriage so many times and feel very bad because all of my wounds and yet its as if I am the one being punished for serving my country not hitting that 20 year magic mark. Veterans like us are forced and are conditioned to believe everything that was done wrong was because of our own faults. WRONG!

Hopefully, this longer explanation gives more insight to the nature and position of the subject.

An interesting analysis: Concurrent Receipt: Background and Issues for Congress Updated January 17, 2019

Concurrent Receipt Background 2019 LINK <---


Ron

@RonG

I am a little confused over this Maj Richard Star bill are they proposing that your CRSC should include any waive portion of your retired pay? All my waived DoD pay is combat but I receive a portion of that from CRSC not sure what this bill is accomplishing.