Prohibition Against Dual Compensation

dkokoszka

PEB Forum Regular Member
PEB Forum Veteran
Jason, I have 23 years of Active duty. I am at 57.5% lenght of Service retirement now.

IF the PEB assigns me a rating of 60% do I have to waive the 60% from the VA or is it the 2.5% difference of the Lengh of Service retirement I am entitled to now?

If I have to waive the entire 60% it would be in my best interest to retire now.

My thought on Benefits of going through MEB/PEB with over 20 years lenght of service retirement.

1. I could get higher than 57.5 lenght of service retirement.
2. Monthly check continues until PEB is completed.
3. Documented Medical paperwork for the VA.

What would be the downside of going through MEB/PEB with over 20 years?

Thank you.
 
You have to run the CRDP calculations under various scenarios to see what the outcomes might be. Until you have a VA rating, a military rating, know your retired base pay, it is all a ball park guess.

There is no downside to going through DES with over twenty (except for those who want to be found fit). In addition to your list of benefits, you also have to include increased "ceiling" for CRDP purposes and (in some cases) a combat related finding (making your benefits tax free).
 
IF you got a 60% military disability retirement and IF you got a 60% VA rating, you'd receive a separate check from the VA (see VA 2010 tables for amount) in addition to the 60% disability retirement pay from the military. Normally, members would receive a higher rating from the VA. Anything over 50% from the VA and you'd be entitled to a separate tax free check from the VA in addition to the military retirement. As it stands, if you had less than a 50% VA disability-say 40%, that 40% would be tax free from your military retirement check. It took me a while to grasp all this and at this point, I'm still not 100% sure I'm 100% correct, but 50% is the current magic number with the VA.

The wildcard in this whole mess is the determination of fitness and the ratings from both the DoD and VA. Much depends on your condition (s), there severity and how well they're documented in your records to match the rating criteria. For me, the greatest difficulty was in getting the physicians to document correctly--which in the end, was still incorrect. Even after I requested, they never used VA checklists or did ROM measurements, so much needed data just wasn't there.

I'd think the pros would outweigh the cons of going through the DES process. I just hope some day the DoD gets out of this game and turns it over entirely to the VA. IMO, the DoD should determine fitness only and leave the rest to the less incompetent experts at the VA.

This may make your head hurt, but here are instructions on how to compute VA retired pay using CRDP.

Concurrent Receipt (CRDP) Pay Computation - Military Benefits - Military.com
 
I thought I was confused before....no ones fault here, its a complicated issue with service members over 20 years going through meb/peb.

I have called everyone and no one seems to know the answer. Of course it might be me not understaning the whole process.

Anyways, I dont undertsand if someone is entitlled to 57.5 % lenght of Service retirement and then goes thru the PEB and the PEB awards, lets say, 70%, then in this example the individual makes out 12.5% better.

My feeling is the 12.5% (extra) will be taken back from future VA disability payments, assuming you are rated at 50% or more from the VA.

Thoughts?
 
You also have to look at the dollar amount of your VA award to judge how CRDP will impact you. There are several variables, so without plugging them all in, you can't tell.
 
My feeling is the 12.5% (extra) will be taken back from future VA disability payments, assuming you are rated at 50% or more from the VA.

Thoughts?

No, the VA will NOTtouch your additional 12.5% if rated at 50% or more by the VA. The VA will cut you a separate check, independent of your military retirement check.

Scenario 1
40% VA
50% DoD retirement= $2,000, less tax of 400 @20%= $1600
with
40% VA disability award=$600
Taxable DOD retirement=$2000-600 (VA) $1400, less tax of 280 @ $20%=1720

Sceanario 2 50% VA
50% DoD retirement= $2,000, less tax of 400 @20%= $1600
with
50% VA disability award=$845 less CRDPcalc=$800 tax free
Taxable DOD retirement=$2000 less tax of 400 @ $20%=1600
plus
800
=$2400 retirement & disability income

That extra 10%=about $700/mo in extra income.

(rough estimate)
 
WOW, I think I finally got it!!!

Thank you for taking the time on this matter. I wonder why the PEBLO and JAG could not answer this question?

I have a well documented case that includes, 3 Back Surgeries, L4-S1 Fusion, Depression, Back Spasm, Total Right Hip Replacement, Ankylosing Spondyolitis (Enbrel use), Plantar Fascitis (pending surgery after MEB next week).
 
Any amount that your disability retirement exceeds your LOS retirement will be deducted when calculating your CRDP amount.

Mike
 
Mike, I undertsand what you are saying. I thought this is the way it worked.

Your statement is different than what VAjumper has stated.

My take on the situation is, any additional amout OVER your lenght of service retirment (57.5 lenght of service retirment VS 70% Military disability) needs to be "offset" from any future VA disability payments.

I think you can't get compensated twice for disability reasons. So the 12.5% that would be in addition to my 57.5% lenght of Service retirement will effect (in some way) future VA disability payments.

Of course this is on the assumption I get awared 50% or more from the VA.

My opinion is there is a downside of going thru MEB/PEB with over 20 years:

1. The extra 12.5% I would receive from the Army (disability) would be taxed VS non-taxed from the VA. (assumption of 50% or more rated from the VA).
2. IF the PEB rating is "low balled" the VA will use this documentation as an intial rating. ( understood VA will rates ALL condtions VS PEB only rates conditions that are unfit for service)

I keep hearing the VA is a seperate process, understood, but I believe once you go thru the PEB process ( which incldues Part 1 and Part 2 exams) this documentation along with the rating the PEB assigns is used by the VA as an INTIAL starting point.

Thoughts?
 
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