Hello,
Reply 29 September 2022:
Section I. First estimate 20 October 2021 based on the info you provided:
This is a copy of the original estimate which was based on the info you provided several months ago
Estimate:
1. Retired pay 2685 minus 1930.18 = 754.82 residual retired pay you keep
2. 17.25 AD years x 2.5% =43.13% longevity multiplier
3. 5390 high three (2695/50% = 5390) x 43.13% = 2324.71 longevity portion of retired pay
4. 60% CRSC + smc-k = 1,251.39 + 111.18 = 1362.57
5. The combination of residual retired pay and CRSC cannot exceed the longevity amount.
6. Residual retired pay 754.82 plus 1362.57 = 2117.39 less than the longevity ceiling
7. Each month from DFAS:
--754.82 residual retired pay
--1362.57 CRSC
8. You also will receive your VA comp.
Amounts will differ due to COLA increase and new rate for VA comp
CRSC can never exceed the amount of waived retired pay.
Section II. Information provided 28 September 2022:
Hello Mr. Ron. Can you do an estimate for me?
The high 3 (5398) at 17 years and 3 months
--I was approved for 50% DOD in my medical retirements, which is $2695.
-- I have 17 years and 3 months and 2 days of active duty
--I receive 90% VA which is $2044.00 with include SMC-K with is $111.18 I have a wife and no kids
--Approved 60% CRSC-- wife and no kids
Section III. SUPPLEMENTATION Information provided 28 September 2022
VA: 2283
DoD: 415
CRSC: 1635
GROSS RETIRED PAY ON MOST RECENT DFAS RAS: $2698
Section IV. COMMENTS.
You have stated
two different VA amounts for your current situation. VA: 2283 and 2044 including SMC-K
Note: 90% VA with spouse is: 2,165.52; $118.33 is the amount for SMC-K.
TOTAL: 2283.85
Your reported DoD 415 (assumed to be residual retired pay) plus reported CRSC of 1635 is:
2050 I cannot determine if a SBP deduction is involved.
Current rate for CRSC @ 60% with spouse and SMC-K is: 1,325.03 + 118.83 = 1443.83
Current rate for CRSC @ 90% with spouse and SMC-K is: 2,165.52 + 118.83 = 2284.35
Whether SMC-K was approved for CRSC is unknown.
A request for reconsideration must be submitted for an increase in CRSC.
From the Army HRC:
"If you were approved for CRSC and your VA disability ratings changed,
please request a Reconsideration. The form is 12E for the Army.
CEILINGS:
Each CH 61 case involves these ceilings and other factors:
—Must be entitled to retired pay
—Agrees to waive retired pay in the amount of VA compensation received.
—CRSC cannot exceed the amount of the waived retired pay.
—CRSC cannot exceed the amount of the approved CRSC percentage (amt in VA Comp tables).
—CRSC cannot exceed the dollar amount of the longevity portion of retired pay.
—CRSC when combined with residual retired pay cannot exceed the longevity amount.
As one can see, more than one of the ceilings shown above could apply to the retiree. In those cases, the lesser amount is the CRSC amount.
You can refer to the remarks made by
@Provis regarding changes in your pay. Your CRSC if not limited by the ceilings cited, will not increase until you have the new rate approved for CRSC by your service's CRSC board. It is not automatic.
If you would like for additional information regarding the computation, I would be glad to continue it in private conversation/message. Some of the items I could need include:
redacted copies of your most recent DFAS RAS and your CRSC approval document (both available from DFAS). I will provide an email.
Bottom line: Your CRSC amount will not increase until the higher rate is approved. The ceilings I listed might be part of the computation. Also, you never clarified whether SMC-K was approved for CRSC. It can be...I have SMC-K based on my Vietnam --related disabilities.
Ron
