CRSC back pay

Jef291

Registered Member
OK I retired on December 31 2014 and started receiving retired pay. July 2017 applied for VA disability for knee and tiniest with no hearing loss 30% plus 10% awarded April 2018. They deducted my VA pay from my retirement pay. May 2017 filed CRSC for 30% for knee as it occurred during training for deployment. They denied the knee but awarded 10% for hearing even though I didn’t apply for that. I submitted over 20 pages of medical and investigation reports of the knee injury all showing it occurred during training for war. My question is how far back with they pay me the 10% and does it not affect my current VA and retirement pay?
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
OK I retired on December 31 2014 and started receiving retired pay. July 2017 applied for VA disability for knee and tiniest with no hearing loss 30% plus 10% awarded April 2018. They deducted my VA pay from my retirement pay. May 2017 filed CRSC for 30% for knee as it occurred during training for deployment. They denied the knee but awarded 10% for hearing even though I didn’t apply for that. I submitted over 20 pages of medical and investigation reports of the knee injury all showing it occurred during training for war. My question is how far back with they pay me the 10% and does it not affect my current VA and retirement pay?
Your CRSC approval letter from your service shows the effective date. It could be retroactive to the date you entered into a retired status.

You can find the 10% CRSC amount in the VA compensation tables. Those rates are used for CRSC also. The 10% rate effective 1 December 2018 is $140.05.
Note: The "table rate" will be the amount payable unless the dollar amount of the longevity portion of your retired pay is less than that amount. I assume you are a Chapter 61 retiree.

The award of CRSC does not affect retired pay or VA compensation. However, if you receive residual retired pay (left after VA offset), it reduces the CRSC amount.

Ron
 
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Jef291

Registered Member
Your CRSC approval letter from your service shows the effective date. It could be retroactive to the date you entered into a retired status.

You can find the 10% CRSC amount in the VA compensation tables. Those rates are used for CRSC also. The 10% rate effective 1 December 2018 is $140.05.
Note: The "table rate" will be the amount payable unless the dollar amount of the longevity portion of your retired pay is less than that amount. I assume you are a Chapter 61 retiree.

The award of CRSC does not affect retired pay or VA compensation. However, if you receive residual retired pay (left after VA offset), it reduces the CRSC amount.

Ron
My approval letter has two effective dates for the 10%. One says July 10 -August 17 10% and then Aug 17 10%. They can’t give me back pay protection to my retirement in 2014 can they?
 

Jef291

Registered Member
My approval letter has two effective dates for the 10%. One says July 10 -August 17 10% and then Aug 17 10%. They can’t give me back pay protection to my retirement in 2014 can they?
Prior to retirement. I have to watch this auto spell check
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
My approval letter has two effective dates for the 10%. One says July 10 -August 17 10% and then Aug 17 10%. They can’t give me back pay protection to my retirement in 2014 can they?
The approval letter governs the effective date. Often the effective date is the same as the date the retiree entered a retired status.

Some general info:
--Must be in retired status and have a VA rating of at least 10% (and waive retired pay)
--CRSC cannot be effective prior to retirement date
--CRSC cannot be earlier than effective date of VA compensation for combat related disability
--CRSC cannot be paid for a period during which the retiree did not waive retired pay due to VA offset
--CRSC must be approved by one's service.

--Generally, retro CRSC is limited to six years.

Other than the information that precedes this sentence, I cannot tell you why the effective date would not be the retirement date if that is the issue.

Ron

edited to add: Earlier today, you said, "OK I retired on December 31 2014 and started receiving retired pay. July 2017 applied for VA disability for knee and tiniest with no hearing loss 30% plus 10% awarded April 2018. They deducted my VA pay from my retirement pay ." COMMENT: It appears that your VA Compensation effective date was probably in 2017. That would limit the CRSC effective date to the same date. CRSC replaces some or all of waived retired pay due to receipt of VA compensation for combat related disabilities.
 
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Jef291

Registered Member
So I started to get my 10% at $140 a month on Jan 31. On Feb 5 I get a retro payment from DFAS for around $640. My CRSC letter says Aug 17 as effective date. This was date I started receiving my 40% from VA of which 10% was awarded as CRSC in Dec 18. I called DFAS about why the retro pay was only $640 and they told me VA would pay the rest? I thought CRSC was payed total by DFAS to off set the money they had deducted from my retirement pay? Is this true that VA pays the main retro pay for CRSC?
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
So I started to get my 10% at $140 a month on Jan 31. On Feb 5 I get a retro payment from DFAS for around $640. My CRSC letter says Aug 17 as effective date. This was date I started receiving my 40% from VA of which 10% was awarded as CRSC in Dec 18. I called DFAS about why the retro pay was only $640 and they told me VA would pay the rest? I thought CRSC was payed total by DFAS to off set the money they had deducted from my retirement pay? Is this true that VA pays the main retro pay for CRSC?
If you have retroactive VA compensation that should be paid to you, then the VA makes those payments.

CRSC payments are a replacement of some or all of the waived retired pay you lost due to receipt of VA compensation. CRSC for CH 61 retirees with less than 20 years AD is the lesser of:
--dollar amount of the longevity portion of retired pay
OR
--CRSC rate/percentage approved by the service.
--DFAS and the USCG make all CRSC payments.
The current rate for 10% CRSC (unless the value of your longevity portion of retirement pay is less than that rate) = $140.05 Effective 1 December 2018 (for 1-31 December 2018 paid at the end of that month).

The prior 10% CRSC rate was $136.24 .

You said, "So I started to get my 10% at $140 a month on Jan 31. On Feb 5 I get a retro payment from DFAS for around $640. My CRSC letter says Aug 17 as effective date. This was date I started receiving my 40% from VA of which 10% was awarded as CRSC in Dec 18. "
Comments:
--The payment you received on 31 Jan 19 appears to be for CRSC 1-31 January 2019

--CRSC for 1-30 Sep 18 thru 1-30 Nov 18; 3 months @ 136.24 = $408.72
--CRSC for 1-31 Dec 18,; 1 month @ $140.05 = $140.05
Totals: $408.72 + 140.05 = $548.77 retro CRSC from DFAS (you mentioned "around $640").

I inferred the effective date for your VA compensation was 17 August 2018. That would cause the first VA compensation payment to be for the period 1-30 September 2018. Consequently, the first period CRSC could be paid is for 1-30 September 2018.

My remarks were based on limited information. If my inferences/assumptions are correct, you have received the correct amount of CRSC. You get 10% restored, not 40%.

Good luck,
Ron
 

Jef291

Registered Member
It was Aug 17 not 18. But I guess VA awarded me 40% from that date but they didn’t start paying until Jun 18 and DFAS then started deducting what VA gave me starting in Jun 18. VA told me that since I was already collecting retired pay I wasn’t entitled any back pay to Aug 17. So I guess my CRSC only went back to Jun 18 as that’s when they started deducting my 40% VA. So I really don’t have any retro pay except the 6 months for Jun-Dec 18 which was the 684 I got.
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
Thanks for the clarification; I had interpreted your narrative as it being August the 17th [2018]. You are correct in that there must be a VA offset (waiver of retired pay) for any month for which CRSC is to paid. CRSC replaces some or all of waived retired pay.

Good luck,
Ron
 
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