Hiring a lawyer

Weapons loader

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
A little background on myself, Monday I'm going to have my forth back surgery in four years. Per the AFI (Air Force Instruction) I should of already had an MEB submitter due to the fact that I haven't done a full PT test in 2 years. My doc says that I'm not currently stable so can't have an MEB initiated. This is the last surgery to correct my problem the doc said the next step is to install a spinal cord stimulator. Anyway the MEB is inevitable and I plan on hiring a lawyer but don't know if it's worth doing from the get go or waiting until the initial ratings are back. For those that have hired a lawyer what was the cost? I have 17 years in and will not except anything less than retirement. My hopes are to hold out 2 more years before it's submitted with hopes of getting to 20 but I doubt that will be what happens. Just trying to get a jump on this as soon as possible. Thanks for your time.

Shawn
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
A little background on myself, Monday I'm going to have my forth back surgery in four years. Per the AFI (Air Force Instruction) I should of already had an MEB submitter due to the fact that I haven't done a full PT test in 2 years. My doc says that I'm not currently stable so can't have an MEB initiated. This is the last surgery to correct my problem the doc said the next step is to install a spinal cord stimulator. Anyway the MEB is inevitable and I plan on hiring a lawyer but don't know if it's worth doing from the get go or waiting until the initial ratings are back. For those that have hired a lawyer what was the cost? I have 17 years in and will not except anything less than retirement. My hopes are to hold out 2 more years before it's submitted with hopes of getting to 20 but I doubt that will be what happens. Just trying to get a jump on this as soon as possible. Thanks for your time.

Shawn
Don't forget to look at TERA if applicable. That would allow CRDP if you don't make 20 years.
 

Weapons loader

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PEB Forum Veteran
Registered Member
I'm having a hard time finding information on this. I was under the assumption that TERA was temporary and only for certain AFSC's, and my AFSC 2W171 is not one of those. However if you are to retire under TERA and have not yet hit 20 then you are eligible for CRDP? If you could link something where I can read up on this. Also for anybody in the know, my day to day duties are identical to what they are in a combat zone, I'm a weapons loader in the Air Force, my career field is one of the few that qualify for the combat readiness medal. I'm curious if anyone has been approved for CRDP based off of this. I'm so close to 20 that I worry that I won't make 20 and will be out $1500 a month once I receive a VA rating. Once again thanks.
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Here is the CRDP law. Realize it doesn't say "TERA," but they're covered.

http://www.law.cornell.edu/uscode/text/10/1414
(a) Payment of Both Retired Pay and Compensation.—
(1) In general.— Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a “qualified retiree”) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:
(A) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.
(B) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.

(2) Qualifying service-connected disability.— In this section, the term “qualifying service-connected disability” means a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.

(b) Special Rules for Chapter 61 Disability Retirees.—
(1) Career retirees.— The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title, or at least 20 years of service computed under section 12732 of this title, at the time of the member’s retirement is subject to reduction under sections 5304 and 5305of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
(2) Disability retirees with less than 20 years of service.— Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title, or with less than 20 years of service computed under section 12732
 

NONATUS2

PEB Forum Regular Member
Registered Member
Howdy. Asking for some experienced help here on the concept of CRDP. I am a retiring O-6 with 25 years of service and 100% DoD and VA disability ratingss. No Combat. I believe I am eligible for CRDP. My VA rep here says that CRDP is only a program that allows me to collect all my VA Pay and all my Retirement Pay at the same time whereas before, you could collect only one or the other, as it was considered double dipping otherwsie. Thus, the idea of moving your DFAS pay, $ for $, over to the VA pay pool in the first place. But if that's the case, then it is a payment which he insists is not a payment. So, mY VA coordinator at the MTF states:

1) I should not--and cannnot--turn 75% of my DoD Retirement DFAS pay into VA dollars, $ for $, due to the CRDP program. According to him, that's why CRDP was created.

2) But he then states that I am not eligible for CRDP as CRDP is a program, not a payment, despite the numerous calculators on DoD/VA/DFAS websites. I think I am eligible for $750 with no offset.

Can someone familar with the CRDP issue answer these questions for me?

1) Am I eligible for doing the DoD to VA $ for $ swap (so that 75% of my pay is not taxable) and should I do that swap if I am eligble?

2) Is CRDP an actual payment factored into my retirement pay? I will not see it as a separate pay factor, but DFAS will automatically factor it in? But it is a payment.

Thanks so much!

God Bless

Fluffy
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Fluffy,
CRDP would allow a maximum of 62.5% retirement pay (based on length of service) and your VA compensation on top. You can not receive more than your length of service retirement and VA combined. If 75% is higher than those two your taxable income will be reduced by your VA award amount. DFAS should automatically adjust it once your VA compensation starts. You'll see on your mypay statement a "waiver" amount.

Just understand what you should receive.......62.5% plus VA or 75% DoD (whichever is higher).
 
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