Trying to Calculate Pays

LTArmy77

Registered Member
#21
Thank you. I should have taken VA 100% bec after 9 years should be perm soon and not temporary and get qualified for crsc..so thats why i took DOD bec that was permanent but waived entire VA payout.

Is there anyway to recoup any VA that i waived? Unfortunately i dont have 20 years active to collect both under concurrent.
 

RonG

PEB Forum Veteran
Registered Member
#22
Thank you. I should have taken VA 100% bec after 9 years should be perm soon and not temporary and get qualified for crsc..so thats why i took DOD bec that was permanent but waived entire VA payout.

Is there anyway to recoup any VA that i waived? Unfortunately i dont have 20 years active to collect both under concurrent.
CRSC would have replaced some or all of the waived DoD retired pay that was approved as combat related by the Army's CRSC board. CRSC can be retroactive; however, the process of changing your election of DoD retired pay to receipt of VA compensation nine years after the original election is foreign to me.

I am not sure that can be done. I do think you are on the right board to receive an accurate answer. I have not had any interactions with the board owner, Jason Perry, but he would be the person to whom I would present that question.

Good luck,
 

RonG

PEB Forum Veteran
Registered Member
#23
Added:
M21-1, Part III, Subpart v, Chapter 5, Section A

--Per 38 CFR 3.750(c), a Veteran’s application for VA benefits on VA Form 21-526 (edition of November 1977 or later), VA Form 21-526c, or VA Form 21-526EZ constitutes an election or waiver in the absence of a specific statement to the contrary.

--3. Handling a Claim With a Statement Negating an Election or Waiver of Military Retirement Pay:

  • if disability compensation is elected within one year from the date of the decision notice, his/her entitlement to VA benefits will begin from the effective date shown, as if the claim had not been denied (with payment subject to date retirement pay is waived by the military), and
  • ask the Veteran to complete and return the VA Form 21-651 to VA if disability compensation is desired.
  • If a Veteran waives a portion of his/her military retirement pay, the full rate of disability compensation will begin as of the effective date of the reduction of his/her military retirement pay.

  • A Veteran, whose claim VA denied because the Veteran elected military retirement pay, may reopen his/her claim at any time after one year from the date of the decision notice.

    When the claim is reopened, VA must again determine entitlement to disability compensation based on the severity of the service-connected (SC) disabilities, if any, which may exist at the time the claim is reopened.

    Upon receipt of a reopened claim, refer it to the rating activity for an amended or confirmed and continued (C&C) rating.

    Note: A reopened claim for disability compensation for static disabilities (no future review examination is indicated on the most recent rating decision) may be approved without referral to the rating activity.

    Reference: For more information regarding the resumption of disability compensation for static disabilities, see M21-1, Part III, Subpart v, 4.C.6.f.

Recommend you visit with a veterans service officer associated with your country or a veterans service organization such as the VFW, DAV, etc.
 

gsfowler

Staff Member
PEB Forum Veteran
#24
Did you figure that high 3 is based on base pay.
So what's your rank.
The average of the highest 36 months of basic pay could involve multiple ranks, if that is what you are asking. In most cases, it is the total of the most recent 36 months basic pay divided by 36.

If you wanted an imprecise snapshot, you could take the base pay from a certain month of each of the past three years and divide the total by 3. Again, that would not be accurate, but "might be" close.

I assume you were not asking my former rank ("So what's your rank?).
Former rank or pay grade. Were you enlisted or officer?
I do not think it matters; however, I was a Sergeant Major and also served three years as a First Sergeant.
I think the reason he is asking, is the claim of $5,500 as a retired pay base may seem a bit off, unless the original poster was a Captain (O3) or greater. There is no realistic scenario is which and enlisted service member with 7 years LOS would have a retired pay base of $5,500.

Sometimes it is good to get clarifying details before proposing an answer.
 

Sgt zo

PEB Forum Veteran
Registered Member
#25
I think the reason he is asking, is the claim of $5,500 as a retired pay base may seem a bit off, unless the original poster was a Captain (O3) or greater. There is no realistic scenario is which and enlisted service member with 7 years LOS would have a retired pay base of $5,500.

Sometimes it is good to get clarifying details before proposing an answer.
That's why I asked. Base pay seemed a little bit high.
 

RonG

PEB Forum Veteran
Registered Member
#26
I think the reason he is asking, is the claim of $5,500 as a retired pay base may seem a bit off, unless the original poster was a Captain (O3) or greater. There is no realistic scenario is which and enlisted service member with 7 years LOS would have a retired pay base of $5,500.

Sometimes it is good to get clarifying details before proposing an answer.
I agree. However, in that particular case, there was no indication that the individual had an enlisted rank. He did state his high three was around $5500. Current base pay for O-3 over 6 yrs is $5,793.

Again I agree that having all available info is best. On the other hand, there are times when one must use deduction and the word of the retiree asking for assistance.

Finally, the placement of the question about rank oddly seemed to be directed to me. I can see that was an incorrect inference on my part.
 
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