Medical retirement with 100% VA disability

Hello,

I was active duty for 6 years and have been a reservist for a little over a year. Got my disability claim submitted after i left active duty and received 100%. The reserves is now trying to medically retire me for PTSD. I am worried about what this will do to my VA benefits. Any insight is welcome as I try and work through this process.
 
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Post updates, I think I may be getting boarded soon.

Also, you can elect the legacy system which shouldn't touch the VA, which is still not recommended. Or you can elect the IDES process and there's a specific part were you can request they only Evaluate you for DoD purposes. Afterwards if favorable you can submit the DBQs as supplements to the VA if you choose.
 
aviationeast said:
Post updates, I think I may be getting boarded soon.

Also, you can elect the legacy system which shouldn't touch the VA, which is still not recommended. Or you can elect the IDES process and there's a specific part were you can request they only Evaluate you for DoD purposes. Afterwards if favorable you can submit the DBQs as supplements to the VA if you choose.
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Why wouldn't you recommend going with LDES?
 
LDES, is faster, but that means you give up some checks and balances.
 
From my understanding since you didn’t complete 20 years active service, you can’t get medical retirement pay and VA compensation at the same time(concurrent receipt) it offsets so you’ll have to choose. It’s wise to not have your 100 percent VA re evaluated. You can apply for CRSC however and I believe the highest rating for CRSC is 100 % and that reflects the same amount 100% percent VA.

***CRSC can get tricky however because being medically retired and 100% VA does not mean that’s an automatic proof as evidence of a stressor that combat caused your PTSD. It’s a big difference between Combat-PTSD and “PTSD”. If your PTSD is not combat related you’ll be denied***

Although I’m not sure about how the exact calculations work regarding CRSC estimates depending on time of service and medical retirement pay amount. Senator John Tester are other advocates and proponents are pushing Congress to pass the Major Richard Star Act to eliminate this offset so medical retirees can qualify for concurrent receipt. You may also qualify for Social Security Disability.

Congratulations on your medical retirement.
 
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Most disability retirees end up with the longevity portion of their retirement pay as the payable CRSC.

See the many computations on this board.

Ron
 
combatvet310 said:
From my understanding since you didn’t complete 20 years active service, you can’t get medical retirement pay and VA compensation at the same time(concurrent receipt) it offsets so you’ll have to choose. It’s wise to not have your 100 percent VA re evaluated. You can apply for CRSC however and I believe the highest rating for CRSC is 100 % and that reflects the same amount 100% percent VA.

***CRSC can get tricky however because being medically retired and 100% VA does not mean that’s an automatic proof as evidence of a stressor that combat caused your PTSD. It’s a big difference between Combat-PTSD and “PTSD”. If your PTSD is not combat related you’ll be denied***

Although I’m not sure about how the exact calculations work regarding CRSC estimates depending on time of service and medical retirement pay amount. Senator John Tester are other advocates and proponents are pushing Congress to pass the Major Richard Star Act to eliminate this offset so medical retirees can qualify for concurrent receipt. You may also qualify for Social Security Disability.

Congratulations on your medical retirement.
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Thank you for commenting. I do not want to poke the bear with the VA. PTSD is related to combat so I could potentially get awarded CRSC. Actions were documented in a medal so that should help. It would help so many veterans if the Richard Star Act passed.
 
Greetings-

I am trying to get clarification on the crazy math involving Chapter 61, CRDP and disposable retirement income (Divorce settlement).

Retired 22 1/2 years, Medical Retirement Chapter 61 with 40% Army Rating, received 100% VA.
Method A- Disability = 3,563,60 (40% disability X 8,909) and(?) CRDP (5011-3563.60= 1,447.40). Disability retirement 3,563.60+CRDP 1,447.40= 5,011.... Is this correct?
or is the CRDP calculated on VA $4,400-3,563=$823?
Method B longevity= 5,011 a month.

DFAS still doesnt have my disability percentages correct.

Thank you to anyone who can help me answer this question.

v/r,

Jason
 
JDI12 said:
Greetings-

I am trying to get clarification on the crazy math involving Chapter 61, CRDP and disposable retirement income (Divorce settlement).

Retired 22 1/2 years, Medical Retirement Chapter 61 with 40% Army Rating, received 100% VA.
Method A- Disability = 3,563,60 (40% disability X 8,909) and(?) CRDP (5011-3563.60= 1,447.40). Disability retirement 3,563.60+CRDP 1,447.40= 5,011.... Is this correct?
or is the CRDP calculated on VA $4,400-3,563=$823?
Method B longevity= 5,011 a month.

DFAS still doesnt have my disability percentages correct.

Thank you to anyone who can help me answer this question.

v/r,

Jason
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Hello,

1. What are the 22.5 years ? Active duty or reserve?

2. What are the years and months under DISABILITY RETIREMENT on your retirement orders?

3. What is your average high three base pay?

4. On your DFAS RAS, what is the gross retired pay on page one?

5. Where you in the blended retirement program?

6. What is the amount of your VA compensation?

Ron
 
Hello @JD112,

The term CRDP is obsolete. Those payments come under Concurrent Payment of Military Retired Pay and VA Compensation.
My shorter term is just Concurrent Receipt.

The treatment of residual retired pay has changed for some cases.

Selected text from DFAS:


Entitlement Amount (for Retirees Who Are Entitled to Retired Pay Due to Retirement Under Chapter 61 for Disability):​

A military disability retiree with more than 20 years of creditable service for retirement must still waive retired pay in order to receive VA Disability Compensation. The waiver amount is the amount that the military disability retired pay exceeds the amount of military retired pay to which the member would have been entitled to receive if the member had hypothetically been retired under another law (such as the law that permits voluntarily retirement based on longevity/years of service). As a result, the amount of military disability retired pay that a disability retiree may receive concurrently with VA Disability Compensation may be limited. (Disability retirees who retired before December 31, 2013 were also subject to the phase-in described above).

Example: A regular component service member is retired under Chapter 61 for disability in 2020 after completing more than 20 years of creditable service under 10 U.S.C. § 1405. The member is also entitled to VA Disability Compensation based on a service-connected disability that is rated by VA as 50 percent disabling. This member may only receive concurrent military disability retired pay in an amount equal to what the member would have hypothetically received had the member retired for longevity/years of service. Any remaining amount of military disability retired pay is still subject to the waiver requirements of Title 38 United States Code (U.S.C.), sections 5304 and 5305.

Note: For Reserve/Guard members who receive their Notification of Eligibility for Retired Pay at Age 60 (“NOE”) and are later retired under Chapter 61 for disability with immediate retired pay, concurrent retired pay may not be paid until the member reaches the eligibility age that (s)he otherwise would have been required to reach in order to start receiving military retired pay. This is because there is no provision of law under which such a member would be entitled to receive retired pay before eligibility age if the member had not been retired under Chapter 61 for disability.

Ron
 
Brokeguy21 said:
Why wouldn't you recommend going with LDES?
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I initially thought about doing LDES, since I was already 100% VA, I started the process then I was made aware of 2 things that changed my mind and went with IDES.
LDES is suppose to be quicker then IDES; In the LDES the branch of service decides what DOD % you get where as in IDES they have to go with the DOD % the VA decides.
In LDES you won't get a VA disability rating.

Since I was already 100%, I didn't want to have my rating impacted. I only wanted a DOD rating.
The 2 policies I was made aware of in IDES is this:
1. You can tell your MSC you don't want a VA rating
2. You can tell your MSC to reuse your C&P exam for the DOD referred condition if it's been less then 12 months.

Here's the policy
.>>>>>>>M21-1, Part X, Subpart i, Chapter 6, Section E

https://www.knowva.ebenefits.va.gov...-System-IDES-Referrals-and-Initial-Processing
If the participant declines to submit a VA claim, the MSC must:
  • explain
  • that VA will evaluate the conditions referred by the service department for the DoD purposes only, and
  • VA compensation will not be awarded as part of participation in IDES


    >>>>>>>X.i.6.F.2.c. Use of Prior Examination Reports in Lieu of an IDES Examination
    If VA previously examined a Veteran in connection with a claim filed prior to entering IDES, the results of the examination(s) are acceptable for IDES purposes, as long as they are less than one year old.
  • *******VA may use examination reports that are more than one year old if the participant agrees that the severity of the disabilities at issue has not changed since the prior examination.
 
RonG said:
Hello,

1. What are the 22.5 years ? Active duty or reserve?

2. What are the years and months under DISABILITY RETIREMENT on your retirement orders?

3. What is your average high three base pay?

4. On your DFAS RAS, what is the gross retired pay on page one?

5. Where you in the blended retirement program?

6. What is the amount of your VA compensation?

Ron
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Ron,

Thanks for your assistance.
22.5 Active Duty Years (also reflected on orders)
8908 high year average
5011 Gross Pay
no blended retirement
VA- 100% total and permanent total amount 4414.01

Chapter 61- with 40% disability

Im trying to determine if I use Method B or Method A to keep most of my retirement from a former divorce.

I've contacted DFAS retirement pay and garnishments- multiple times... I'm still waiting for an answer
DFAS still doesn't have my Chapter 61 percentage listed in the system...
I am running out of time before 50% of my gross pay goes to an evil spouse.

Second question- If I go with Method A do I also get a "CRDP"?
If so what numbers are used? No one has been able to answer this- plainly.

Any assistance is greatly appreciated-

Jason
 
JDI12 said:
Ron,

Thanks for your assistance.
22.5 Active Duty Years (also reflected on orders)
8908 high year average
5011 Gross Pay
no blended retirement
VA- 100% total and permanent total amount 4414.01

Chapter 61- with 40% disability

Im trying to determine if I use Method B or Method A to keep most of my retirement from a former divorce.

I've contacted DFAS retirement pay and garnishments- multiple times... I'm still waiting for an answer
DFAS still doesn't have my Chapter 61 percentage listed in the system...
I am running out of time before 50% of my gross pay goes to an evil spouse.

Second question- If I go with Method A do I also get a "CRDP"?
If so what numbers are used? No one has been able to answer this- plainly.

Any assistance is greatly appreciated-

Jason
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Hello,

I have no knowledge regarding tactics involving retired pay and divorce. Recommend you see an attorney.

1. DISABILITY RETIREMENT​

The multiplier for disability retired pay is either:

  • 2.5 percent for each year of service, or
  • disability percentage assigned by the service at the time you retire
The multiplier is limited to 75 percent by law using the disability percentage. The multiplier for years of service is no longer capped at 75%, unless your retirement date is prior to 1/1/2007. If you are on the Temporary Disability Retired List, the minimum multiplier is 50 percent while on the TDRL.

DFAS uses the method that results in the largest payment. But if you’d like to choose the other method, please send DFAS your request in writing.

Read more about disability retirement on the OSD website.

2. A military disability retiree with more than 20 years of creditable service for retirement must still waive retired pay in order to receive VA Disability Compensation. The waiver amount is the amount that the military disability retired pay exceeds the amount of military retired pay to which the member would have been entitled to receive if the member had hypothetically been retired under another law (such as the law that permits voluntarily retirement based on longevity/years of service). As a result, the amount of military disability retired pay that a disability retiree may receive concurrently with VA Disability Compensation may be limited. (Disability retirees who retired before December 31, 2013 were also subject to the phase-in described above).

This procedure ends the practice of having “residual retired pay “ added to CONCURRENT RECEIPT (formerly CRDP ,which is an obsolete term). Concurrent Receipt results in full VA compensation Payment PLUS the
amount of military retired pay to which the member would have been entitled to receive if the member had hypothetically been retired under another law (such as the law that permits voluntarily retirement based on longevity/years of service).

3. If you chose the 40% DoD rate over the 56.25% longevity rate, it appears that the total amount of the hypothetical longevity retirement pay would still be generated by DFAS. This is just a guess. Again, CRDP no longer exists.

4. You should consult with an attorney.

Ron

Edited to add:

Concurrent Military Retired Pay and VA Disability Compensation​


There is a general rule of law that a military retiree may not receive both Disability Compensation from the Department of Veterans Affairs (VA Disability Compensation) and military retired pay concurrently. Instead, a military retiree may waive his/her military retired pay, dollar for dollar, in order to receive VA Disability Compensation. This law is located at Title 38 United States Code (U.S.C.), sections 5304 and 5305.

The law provides a limited exception to this general rule. Under the limited exception, military retirees (other than those retired by the military under Chapter 61 for disability) who meet the eligibility criteria listed below are not subject to the general rule. There are special rules that apply to Chapter 61 Military Disability Retirees that can be found in Title 10 United States Code section 1414(b).

This limited exception has been often referred to as Concurrent Retirement and Disability Pay or CRDP. However, CRDP is not a term used in the law. It is simply meant to convey that some military retirees may have the right to concurrently receive their military retirement pay (including military disability retired pay) and VA Disability
Compensation.
See: DFAS Info for Concurrent Receipt of Military Retired Pay and VA Compensation- Interpretation of Laws <——Link
 
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