CRDP, IS THIS CORRECT?

D

dkokoszka

PEB Forum Regular Member
PEB Forum Veteran
I have a friend that was rated 100% from the PEB.

He then goes to the VA and is rated at 100%.

HE DID NOT HAVE 20 YEARS OF ACTIVE SERVICE. He has 12 years of active service.

He DOES have 20 years of National Guard time. ( 12 years on AGR active duty).

He called me today and told me his is getting CRDP.

He is getting a check for over $25,000 (Back pay from when he first applied at the VA)

So, he is getting his Army Retirement AND his VA Disability.

Question: I thought IF you did not have 20 years of active service, you were not entitled to CRDP?

He has verified with DFAS that he is getting both.

Comments:
 
That's not true. For reservists with a 20 year letter, they will get CRDP at age 60 (or lower if they are qualified for reduction in age due to contingency deployments).

Is he 60? Or, I would check, a lot of people are confused about terminology, maybe his conditions are combat related and he is getting CRSC.
 
Jason, he is 48 years old, Never deployed. 12 Years Active service (AGR) 20 years National Guard time.

I have been telling him all along he will NOT get both his Army Disability and VA Disability because he does NOT have 20 years of active service.

Tonight he called me, he sporke to DFAS directly. He is getting over $25,000 back pay from the VA.

He is getting 75% of his Military disability (he was rated at 100%) I think he gets like $4000.00 a month, he was a Major.

He is getting $2600 on monthly VA payments (100% VA) (roughly).

Bottom line he is being told he is getting a VA disability and a Army disability at the same time, no offset.
 
Uh-oh! If he is not supposed to get CRDP, then an audit will eventually catch up and he will have to pay his VA entitlement back or they may dock his retirement until he pays the VA back.
 
You may want to look this up for yourself as this is an abridged out-take of the CRDP rules.

Is it possible that because he is rated 100% by the VA that he draws immediately and does not have to wait until age 60?

I also have a friend who did 20 years - never deployed under these wars, who is also under the age of 60, and she is drawing both her military pension and 100% P&T VA compensation.

She was a regular AD retiree - not medical boarded - she just had her 20 years AD AF time for military retirement.


THIS IS THE LAW THAT GOVERNS CRDP

10 USC Sec. 14140

1/07/2011

TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II -


PERSONNEL CHAPTER 71 - COMPUTATION OF RETIRED PAY Sec. 1414.

Members eligible for retired pay who are also eligible for veterans' disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans' disability compensation

(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 5305 of 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 memberwould 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 than20 years of service computed under section 12732 of this title, at the time of the member's retirement.

(B) Applicable retired pay. - In subparagraph (A), the term "applicable retired pay" for a qualified retiree means the amount of monthly retired pay to which the qualified retiree is entitled, determined without regard to this section or sections 5304 and 5305 of title 38, except that in the case of such a retiree who was retired under chapter 61 of this title, such amount is 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.
 
Maybe just Maybe, this is the answer:

(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.

He was rated by the PEB 100% becuase of a heart condition.

If the above is correct, then he would draw 100% from the VA and 100% (75% payable) from the PEB.

Comments?
 
I don't think your friend has a problem.

My friend is collecting both military and Va due to CRDP and is under the age of 60.

I think it is because of Being rated 100% P&T or 100% Unemployable.

She was a regular 20-year AD retiree - not one day in a combat zone - no combat-related injuries, either. But she made it to 20 years and has a VA rating of 50% or greater (100% P&T)

I personally think you should be pissed off that there are 1000's of 100% P&T and IU's who DID serve in a combat zone - and who DO have combat or comabt-related injuries - and who are Unemployable. But those 1000's and 1000's DO NOT get CRDP because their injuries got them medically discharged before they could get to a 20-year letter.

So they don't get CRDP.

As far as I'm concerned, this is what is really F'ed up. I could have sat behind my desk and never volunteered to deploy - made to my 20-year letter and have CRDP.

But NO! I deployed, got injured - and now, with 19 years and some change - I won't get CRDP??? For injuries that cut me short of getting to a 20-year letter - injuries sustained while on the job?

And CRSC is such a lame deal that I end up with a big fat zero for that, too??????

So don't wonder about the few that do get CRDP - wonder about how many 1000's and 1000's who ought to be receiving CRDP due to combat/combat related injuries - who are 100% IU or 100% P&T - and DON'T get CRDP because their on-the-job injuries took them off line before they could get their 20-year letter.

That's what pisses me off!

I would have done better to have never volunteered to deploy - I would have made my 20 year letter - would not have got injured DOING MY WARTIME JOB.

So my reward for heeding the call is to be permanently, 100% VA disabled and NOT get CRDP as I have 19 years in and got "totaled out" -DUE TO INJURIES SUSTAINED WHILE ON THE JOB - before I could get to 20.

Now that's f'ed up!

nwlivewire
 
dkokoszka said:
Maybe just Maybe, this is the answer:

(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.

He was rated by the PEB 100% becuase of a heart condition.

If the above is correct, then he would draw 100% from the VA and 100% (75% payable) from the PEB.

Comments?
Click to expand...

No, that's not what that section says. Here is the full quote:

"- (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."

So, that section about subsection c sends you to this:


"(c) Phase-in of Full Concurrent Receipt.— During the period beginning on January 1, 2004, and ending on December 31, 2013, retired pay payable to a qualified retiree that pursuant to the second sentence of subsection (a)(1) is subject to this subsection shall be determined as follows:
(1) Calendar year 2004.— For a month during 2004, the amount of retired pay payable to a qualified retiree is the amount (if any) of retired pay in excess of the current baseline offset plus the following:
(A) For a month for which the retiree receives veterans’ disability compensation for a disability rated as total, $750.
(B) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 90 percent, $500.
(C) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 80 percent, $350.
(D) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 70 percent, $250.
(E) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 60 percent, $125.
(F) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 50 percent, $100...."

There are a bunch of years that follow the same format, terminating in 2014. So, the 100% should only serve to eliminate the phase in. It does not mean that you would get CRDP at less than age 60 based on 20 years of reserve service. Only thing I can think of is that DFAS made an error and thought he had active service OR the original post is wrong on some details.
 
Is it possible he is actually eligible to draw CRSC vice CRDP? Is any of his VA for combat related conditions.

BTW: For CRDP, length of service retirees do not require 20 years to collect CRDP. Disability retirees, however, do require 20 years of service to draw CRDP.

Mike
 
I am trying to clear this up. I have a 20 year letter from the Army Reserve back in 2008. I am currently on active duty and being medical boarded out with a chapter 61. Will I be able to draw CRDP at age 60. I will have a total of 25 years with 14 active and 11 reserve.
 
csmque said:
I am trying to clear this up. I have a 20 year letter from the Army Reserve back in 2008. I am currently on active duty and being medical boarded out with a chapter 61. Will I be able to draw CRDP at age 60. I will have a total of 25 years with 14 active and 11 reserve.
Click to expand...
I am assuming you will be retired (or, if not, you will decline medical separation in lieu of retired pay). Based on what you have stated, yes, you will be able to draw CRDP at age 60 (assuming at least a 50% VA rating...also, you may have reduced age eligibility based on active duty time).

Short answer to your question- Yes.
 
Greetings,
I've been reading the forums and trying to figure this all out since it's a possibility I will be in this boat soon.

I hit 20 years active duty service this past January and treatment I am receiving could end up in an MEB.

In 2003, I had surgery for acid reflux, a week after the surgery I vomited and it caused a hiatal hernia. My stomach went into my chest cavity, ripped the pleura (lung sac) and pushed everything against my heart. I have an 8 inch scar where they cut me opened and put things back in place. To do this they cut the diaphragm and it's been reattached slightly higher than it should be. I've had chest pains for the last ten years and have started receiving intercostal nerve block injections but it hasn't helped yet. I have another follow-up next week. The clinic has brought up the possibility of a med board (although they told me the same thing 10 years ago) so I'm trying to do my homework.

I've also been treated by mental health since 2003 for major depressive disorder and recently generalized anxiety disorder. They did mention PTSD but I am unsure of what is exactly written in my file.

As I understand it if I get medically discharged I will receive whatever percentage they deem my disability from the military. If the amount they give is less than what I would have earned at a LOS retirement is it the VA that pays the difference? Is money from medical retirement tax free? If I receive a medical retirement that covers what a LOS retirement would have been, I will receive my military retirement amount as well as whatever amount VA compensation I qualify for?

I've confused myself a couple times reading over some posts. I'll try to clarify my questions if they are not understandable. Just trying to get ahead to understand the process and not wait until the last minute if it does come down to an MEB.

thanks for reading!
 
Jason Perry said:
I am assuming you will be retired (or, if not, you will decline medical separation in lieu of retired pay). Based on what you have stated, yes, you will be able to draw CRDP at age 60 (assuming at least a 50% VA rating...also, you may have reduced age eligibility based on active duty time).

Short answer to your question- Yes.
Click to expand...

I will be retired under chapter 61. DFAS is saying I don't get CRDP because I don't have 20 years active. Is this true.
 
csmque said:
I will be retired under chapter 61. DFAS is saying I don't get CRDP because I don't have 20 years active. Is this true.
Click to expand...

If you have 20 yrs reserve duty (basically, you are eligible- absent the Chapter 61 retirement- for a reserve retirement) then you will be eligible for CRDP at age 60 (or, if you have reduced age eligibility due to deployment/periods of orders, at that age). Recall, you have to also have 50% VA ratings (which, I think from another post, you said you have).
 
Thanks. Who is the point of contact at DFAS or HRC. My last day in the Army is Nov 27. I want to make sure I am covered with the CRDP when I get 55. I been on tour from 2008-2011 and WTU from 2011-present.
 
Jason Perry said:
If you have 20 yrs reserve duty (basically, you are eligible- absent the Chapter 61 retirement- for a reserve retirement) then you will be eligible for CRDP at age 60 (or, if you have reduced age eligibility due to deployment/periods of orders, at that age). Recall, you have to also have 50% VA ratings (which, I think from another post, you said you have).
Click to expand...


Thanks. Who is the point of contact at DFAS or HRC. My last day in the Army is Nov 27. I want to make sure I am covered with the CRDP when I get 55. I been on tour from 2008-2011 and WTU from 2011-present.
 
You must log in or register to reply here.
Top