CRDP--Joe

[RonG]

Case.

Hello Ron,

You've help answer a lot of my questions in the past, I'm hoping you can help with another.

I reviewed my NARSUM today prior to JAG review, and my PEBLO told me that even if my DoD% is over my years of service, that I will still only receive years of service, purely because I'm past 20 years. This run contrary to most things I've read here. I'm not sure what I'm missing for why she is telling me that though. Any suggestions on what to ask her, or ideas on why she may be telling/insisting that?
Joe

Reply.

The PEBLO is correct, but did not explain it well.

I infer you qualify for a regular retirement with 20 years + of active duty. However, you will receive a CH 61 disability retirement.

1. As a disability retiree your retired pay will be the DoD percentage approved (unless your longevity percentage is higher)
times your average high three base pay for retirement = DoD disability retired pay

2. Your DoD disability retired pay will be reduced by the amount of VA comp you receive. There might be residual retired pay remaining.

3. IF your VA rating is 50% or more, you are eligible for CRDP, which restores the longevity portion of your waived retired pay
(e.g., 20+ AD years x 2.5% = longevity multiplier. Longevity multiplier x high three = longevity portion of retired pay and maximum CRDP.)

4. If you have residual retired pay as mentioned at item 2, the combination of residual retired pay and CRDP cannot exceed the longevity portion of retired pay.

Ron
cc: @JoePlasm

 

[JoePlasm]

Got it, basically she had accounted for all that but just didt explain that she'd done so I guess.

 

[OZ44]

Hi Ron. I’m new here and have been reading through the entire forum. What a wealth of information that is provided. I want to make sure I understand what you’re saying about the longevity rule. Am I correct in saying that a 20yr+ Active Duty member will not benefit any more or less from the DoD rating, whether it’s 30% or 100% because of the longevity rule? Would I also be correct in saying that as long as we are satisfied with our VA rating, then there is no need to appeal the DoD rating, even if we feel we were under rated because we are limited by the longevity rule? This is also under the assumption that this is a non-combat related medical issue.
Thank you in advance!
Chris

 

[USN_1997]

Hi Ron. I’m new here and have been reading through the entire forum. What a wealth of information that is provided. I want to make sure I understand what you’re saying about the longevity rule. Am I correct in saying that a 20yr+ Active Duty member will not benefit any more or less from the DoD rating, whether it’s 30% or 100% because of the longevity rule? Would I also be correct in saying that as long as we are satisfied with our VA rating, then there is no need to appeal the DoD rating, even if we feel we were under rated because we are limited by the longevity rule? This is also under the assumption that this is a non-combat related medical issue.
Thank you in advance!
Chris

Correct - you could get rated at 0% and it wouldn’t change the outcome since you have 20+ years...

 

[RonG]

Hi Ron. I’m new here and have been reading through the entire forum. What a wealth of information that is provided.

1. I want to make sure I understand what you’re saying about the longevity rule.
2. Am I correct in saying that a 20yr+ Active Duty member will not benefit any more or less from the DoD rating, whether it be it 30% or 100% because of the longevity rule?
3. Would I also be correct in saying that as long as we are satisfied with our VA rating, then there is no need to appeal the DoD rating, even if we feel we were under rated because we ate limited by the longevity rule. This is also under the assumption that this is a non-combat related medical issue.
4. Thank you in advance!
Chris

Re number 2: A Chapter 61 retiree will have their retired pay reduced by the amount of VA compensation. Occasionally, there is residual retired pay left over (i.e., in the cases of higher DoD percentages). The restoration (CRDP) of lost/waived/reduced retired is limited to the longevity portion of retired pay. The combination of residual retired pay and CRDP also cannot exceed the longevity amount.

Re number 3: I do not normally comment on appeals...i do not have a CH 61 retirement and do not have that expertise. You already mentioned CRSC...but it too cannot exceed the longevity portion of retired pay and the combination factor applies as well.

Regards,
Ron

 

[OZ44]

Correct - you could get rated at 0% and it wouldn’t change the outcome since you have 20+ years...

Thank you! I’m just starting the process. I’m thankful to know that now rather than later. I definitely thought I could potentially walk away receiving higher than my 20 yr longevity. One less rabbit hole to go down.