100% DoD and VA ratings and pay

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ReinaCat

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So we are in a similar situation here. Still in Med board process. 80% DOD, 100% VA, 25 years active duty, combat related injuries. So if I understand this correctly, the max he can receive under concurrent receipt is 62.5% LOS retirement pay plus 100% VA disability pay. Is that correct. Is there any benefit to applying for CRSC? Thank you so much.
 

gsfowler

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Correct, you will need to elect to receive you LOS retirement (not medical, which would be greater and tax free) and then collect the VA C&P concurrently.

DFAS will try to give you the medical retirement because they will think it is most advantageous to you (they do not have you VA rating when they process the retirement because it will not be likely that the ratings will be finalized).

If DFAS does give you the medical retirement, you only have 45 days to change it to length of service.
 

Jason Perry

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Is there any benefit to applying for CRSC? Thank you so much.
CRSC is the way to get the most money/compensation due. CRSC is tax free and will restore the offset monies from VA compensation. Can't state it any simpler- Apply for CRSC.
 

Jason Perry

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Though, based on your post ReinaCat, I am not sure about the max dollars (much depends on DoD retired base pay and the amount actually paid by the VA....I might be missing something here regarding the figures). Bottom line, apply for CRSC.
 

ReinaCat

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Thanks so much Jason Perry and gsfowler. What other info can I provide? Thank you so much for all your help. this site has been so helpful. My husband is unable to mentally deal with any of this so I have had to help. Base pay for retirement is under high 3. O3E over 20. (currently at 25 LOS). Those rating are not for sure as we are still in med board. They are what we were told was likely from the IDES attorney. 100 VA seems to make sense, the 80 DOD is questionable. His injuries are pretty severe and all combat related. He has been found unfit and waiting for rating. Currently at WWBn. Thanks so much.
 

tperdue14

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Is there any type of benefit for a 20 year active-duty medical retiree to get a 75% DOD rating versus 50% longevity for pay purposes? I am undecided if I want to stick around in the Army to fight for the 75% that I deserve. If there is no value then I not fight for 75%.
It depends if your conditions are considered combat related (V Code). If they are, I think it would benefit you to medically retire since 75% pay would be tax free. Additionally, you would be able to apply for CRSC in lieu of CRDP. If not considered combat related, then better to stick with 20 year retirement in my opinion since you would receive concurrent pay (retired pay and VA). If you took medical retirement without it being combat related, you would be just stuck with 1 of 2 that are higher, retired pay or VA pay.
 

tperdue14

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Does anyone know much about special monthly compensation? I am medically retiring at 100%. The VA form states "it is proposed to grant entitlement to special monthly compensation based on SMC - S being met."
 

ReinaCat

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To receive an SMC (s) (Housebound) award, you must either:
  • Meet all of the following:
    • You have a service-connected disability rated at 100%
    • You have a qualifying, additional service-connected disability (or disabilities) that is completely separate from the first disability and is independently rated at 60%
    • You are approved for VA disability compensation
 

ReinaCat

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My Dad gets SMC(s) Housebound. I think is an extra $150. ish a month added to the VA 100% pay.
 

Pyro

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PM sent to step dale but if anyone else knows. I hear a lot of people with cancer goes to a TDRL, stepdale got PDRL, who or what makes that decision?
 

FatHawkDown

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The TDRL and PDRL are retirements. They are due to physical unfitness, but they are still retirements and, as such, taxable.
Not entirely true. If you are disabled due to a combat related illness/injury- your retirement is tax exempt. It literally states it on my RAS.

I am 80 DoD & 100% VA CPT @ < 17 years Active Army.
 

tperdue14

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I am seriously confused on this medical retirement and "special monthly compensation" S-1 code for housebound. My VA letter states I am entitle to SMC under this S-1 provision. Bottom line is that my disability is service connected, but not considered combat related so army retirement is taxable which I understand and plan on taking. Base pay is 5900 / month with 10 years of service. From my understanding since 100% army and 100 VA, I would only get the 75 percent max for army which comes out to 4,425 (5900 X .75). Because it is taxable they will not tax the entire amount, but rather the difference between the 100 percent VA (3400) and 75 percent pay. So basically only 1000 dollars is taxable (4,425 - 3400 = approximately 1000) leaving army retired pay at about 4,200 per month given 25% tax of 1000 is 250 so 4,425-250 = approximately 4200. This is what my pueblo stated to me. The question he could not anser is the special monthly compensation which under S-1 provisions is very similar to VA chart. Since I am not getting VA pay initially due to not being combat related, Iam assuming they would get VApay at full 100 percent due to S-1 SMC S-1. Sorry if this post is everywhere and confusing. If anyone has elected for the army retirement instead of the VA and is getting SMC, please advise. I underatnd if I were getting concurrent VA then SMC would be extremely less, but since I am not getting VA pay, but am eligible for SCM what would that look like.
 

scoutCC

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Iam assuming they would get VApay at full 100 percent due to S-1 SMC S-1
This statement seems to be the beginning of your confusions.

SMC is for VA compensation above the 100% rate. (except K). Instead of looking at the normal 50%, 80%, 100% rate charts, you look at the SMC charts for your monthly compensation. SMC codes are sometimes stepped. There are multiple rates between N and O, R and T. The letters come from the paragraphs congress wrote in the law authorizing the extra money. So SMC-S only has one step, but is sometimes written as SMC-S-1 for consistency with the other stepped SMC codes.

http://www.benefits.va.gov/COMPENSATION/resources_comp02.asp

The most common reason for getting an SMC-S is a single condition rated at 100%, plus additional conditions rated at least 60% together. Its also called housebound, because you can qualify for it by showing you can't leave the house (other SMCs you need to be missing or have unusable limbs, basically).

I underatnd if I were getting concurrent VA then SMC would be extremely less, but since I am not getting VA pay, but am eligible for SCM what would that look like.
This confusion is a little harder to clarify.

Bottom line, you are owed the 4425 in one form or another.
First step) VA pays out. Its tax free and better, so they will always (unless you request otherwise) max out how much you can get there. This is called waiving military pay to receive VA compensation. The basic laws say for every dollar from the VA, military retirement is reduced one dollar.
Second step) Military makes up the difference if VA is less than 4425. (and you pay taxes on that portion).

I am guessing the PEBLO's story is accurate, the SMC code was already accounted for when you were told 3400 from the VA. About 4200 overall should hit your bank account. Can't really confirm without knowing your dependents information.
SMC-S with a spouse is around $3400
100% rate with spouse and 4 kids is pretty close to $3400

Now the concurrent receipt stuff is confusing you. Concurrent receipt can add a third step.
third step) Military restores some of the military pay waived for receiving VA pay. They carved out some exceptions to the basic rules of dollar for a dollar. If you apply for, and are approved for CRSC (some of your other conditions might be combat related), then they may be able to raise your compensation. The rules for this are fairly hard to explain without an example, as it depends on what conditions, and their rating, are combat related. Bottom line, if combat, simulating war, hazardous duty, or military equipment caused your condition, apply, it's good
 

lesco431

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Hello,
I am about to begin the medical removal process from several service connected injuries/disabilities (LOD's included) and I'm in that national guard. I only have 4 years inn. I've been told that when they find I'm unfit for duty from those service connected injuries that I will be offered two options;
1. Take a quick and easy medical discharge without any further process.
2. Continue the process:
Can someone unpack this for me. I've also been told that because I have very little time in, that it could only be detrimental to my already existing high VA rating to go further into the process and that I should just take the simple medical discharge.
 

petdio88

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What code would be given for TBI rated 100%? The TBI has a group with PTSD. I was also rated for post traumatic epilepsy from seizures. I can't figure out the code. Something said it would be SMC R2 but I find that hard to believe.
 

petdio88

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TBI is rated under Code 8405, a 100% rating is achieved by examining 10 facets of functions which are rated from 0-3 and total.

A rating of 0 is 0%, rating of 1 is 10%, rating of 2 is 40%, rating of 3 is 70%, rating of total is 100%.

Here is a good read: http://www.militarydisabilitymadeeasy.com/tbi.html#tbi
Sorry, my question was worded poorly. I have been rated in IDES at 100% for my TBI. I was also told that I am going to get special monthly compensation for the TBI. I cannot figure out how much I will be getting or what SMC code my TBI will fall under.
 
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