DoD vs VA Pay Confusion

#1
Hello everyone! Hopefully someone can explain this to me.

At some point during the IDES process I signed a paper agreeing to receive VA pay over DoD pay. If my VA rating was reduced and that pay amount was lower than what I would receive from the DoD does that mean that I waived the DoD amount?

I appreciate any input.
 

RonG

PEB Forum Veteran
Registered Member
#2
First, your selection of VA compensation and to waive retired pay dollar for dollar in the amount of VA compensation received, is usually the best choice for many.

Unlike choices for those eligible for either CRDP or CRSC (i.e., those who have a choice), changing an election back to retired pay is not limited to an "open season".

I have come across that provision several times, but did not copy the reference; I believe it is within the VA's M21-1 Adjudication Procedures Manual.

Note: Before a VA rating is officially reduced, a proposal to reduce is sent to the veteran. The veteran has 30 days from the date of the letter to request a hearing and/or 60 days from the date of the letter to provide evidence of why the rating should not be reduced. In other words, an actual reduction does not occur overnight; there are several months of proceedings.
 
#3
Thanks for the reply, RonG! I still don't understand (goldfish brain), but I appreciate your time and effort. I am an E-6 @ 80% DoD PDRL and 100%VA. I need to talk to my VSO but I may possibly apply for CRSC based on two unfitting conditions being combat-related. I asked my PEBLO the same question as my posts and he said that no matter what, even if the worst happened on the VA side, I would never get less than the DoD amount, which is why I signed the waiver. The only reason I ask for a second opinion is that my PEBLO is a raging moron.
 

RonG

PEB Forum Veteran
Registered Member
#5
Thanks for the reply, RonG! I still don't understand (goldfish brain), but I appreciate your time and effort. I am an E-6 @ 80% DoD PDRL and 100%VA. I need to talk to my VSO but I may possibly apply for CRSC based on two unfitting conditions being combat-related. I asked my PEBLO the same question as my posts and he said that no matter what, even if the worst happened on the VA side, I would never get less than the DoD amount, which is why I signed the waiver. The only reason I ask for a second opinion is that my PEBLO is a raging moron.
Re: Never Get Less

That would not be automatic (reverting to the disability option). You would have to file another election form with the VA UNLESS your VA rating went to zero. Otherwise, what he said is accurate in my opinion.

CRSC is a separate matter. Approved CRSC would replace some or all of the waived retired pay we have discussed. I retired from the RA (Finance Corps) 27 years ago and have received CRDP or CRSC since their genesis.

Note: The following is the process that allows you to receive VA compensation: “First, your selection of VA compensation and to waive retired pay dollar for dollar in the amount of VA compensation received, is usually the best choice for many.” The fact you are receiving VA comp is an indication you are doing so.
 
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#6
Re: Never Get Less

That would not be automatic (reverting to the disability option). You would have to file another election form with the VA UNLESS your VA rating went to zero. Otherwise, what he said is accurate in my opinion.

CRSC is a separate matter. Approved CRSC would replace some or all of the waived retired pay we have discussed. I retired from the RA (Finance Corps) 27 years ago and have received CRDP or CRSC since their genesis.

Note: The following is the process that allows you to receive VA compensation: “First, your selection of VA compensation and to waive retired pay dollar for dollar in the amount of VA compensation received, is usually the best choice for many.” The fact you are receiving VA comp is an indication you are doing so.
Thanks, Ron!
 
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