MEB over 19 years

M

MAK

New Member
Registered Member
I am facing a MEB that will start as I have exactly 19 years of service. From the DFAS.MIL (below) I am asking clarification for eligibility for CRDP.

I anticipate my MEB will conclude when I have 19 years 4 months, and I have 2 months leave. That puts me out to 19 years 6 mo. I am aware of the COAD and plan to apply, but based on the below would I be eligible for CRDP at the point I would have hit my 20 years time in service 6 mo later? Thank you in advance.



Eligibility
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.
Under these rules, you may be entitled to CRDP if…
  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
 
One must meet all the eligibility requirements for CRDP (including age and 20 good years for reservists or TERA retirement) in order to attain entitlement.

A reservist with 19 years and 11 months (19.917 years) good years would not qualify. (example)

I posted the following only ten minutes ago:

There are no provisions for appeal or waiver for CRDP eligibility. The requirements are set forth in laws, not regulations. See https://www.law.cornell.edu/cfr/text/38/3.750

DFAS provides a summary at https://www.dfas.mil/retiredmilitary/disability/crdp.html

"Legislative activity on the issue of concurrent receipt began in the late 1980s and culminated in the provision for Combat-Related Special Compensation (CRSC) in the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (P.L. 107-314). Successive legislation since then has added CRDP, extended concurrent receipt to additional eligible populations, and further refined and clarified the program. Legislation enacted since 2003 has incrementally expanded the eligible population. As of September 2016 there were 529,117 retirees receiving CRDP, with an additional 91,305 receiving CRSC at a total annual cost of $11.3 billion.1 However, there are still approximately 450,000 military retirees who are receiving VA disability compensation but are not eligible for concurrent receipt. Determining whether to make some or all of this population eligible for concurrent receipt remains a key point of contention in Congress." Ref: Congressional Research Service Report of 2017

The Congressional Research Service organization provides an excellent summary of the history of Concurrent Receipt at https://fas.org/sgp/crs/misc/R40589.pdf

Ron
 
MAK said:
I am facing a MEB that will start as I have exactly 19 years of service. From the DFAS.MIL (below) I am asking clarification for eligibility for CRDP.

I anticipate my MEB will conclude when I have 19 years 4 months, and I have 2 months leave. That puts me out to 19 years 6 mo. I am aware of the COAD and plan to apply, but based on the below would I be eligible for CRDP at the point I would have hit my 20 years time in service 6 mo later? Thank you in advance.



Eligibility
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.
Under these rules, you may be entitled to CRDP if…
  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
Click to expand...
Good luck. You have 2 months of leave, but you'll also exhaust time with appeals to the FPEB and SAFPC, and then you can still apply for Limited Assignment Status as long as you aren't over the 20 year mark. Don't forget you'll have extra time for out processing as well as 20 days of PTDY.
 
Related.

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 64
640203. Physical Disability Retirement [and CRDP]

Members retired for physical disability who have less than 20 years of service creditable for the purposes of computing retired pay are not eligible for CRDP, unless they have 20 years of service for determining entitlement to non-regular (reserve) retired pay and are otherwise eligible for such reserve retired pay.

Ron
 
Man I can see that you are going to be very, very busy and will have to reschedule a few appointments (which as you know fill up fast so you might get stuck with one further out then you would prefer, I'm sure). So be careful of that, as well as filing your appeals. If they really want you medically pushed out after 19 yrs, those ratings should be super high...like over 100%!!!!!
 
Sometimes things take time, don't rush them.

At each step in the process you get so many days to make your decisions (usually 10). Use them. Decide wisely. I wasn't able to make a decision prior to the last day for any step in this process.

Many steps of the process have an appeal. Appeals take time. Use them wisely. I have appealed every chance I have had to appeal. Although you can possibly get less via an appeal, it is unlikely.

The VA doesn't like to reschedule appointments, be very careful rescheduling so you don't cheat yourself out of an exam. I was able to reschedule one.

VA reconsiderations take time. Use them wisely. Consult with OAC when you want to have a VA reconsideration.

SAFPC appeals are rumored to take about 6 months. Unless you are returned to duty, you can appeal to them. Folks who submitted in March still don't have a decision....

Save your leave.

You'll make 20 easy.

-- OFP
 
Thank you all for the replies. That was more or less what I was tracking I will push for vocation rehab and stuff like that to get some additional skills and keep the COAD as a last resort. Thanks again
 
RonG said:
One must meet all the eligibility requirements for CRDP (including age and 20 good years for reservists or TERA retirement) in order to attain entitlement.

A reservist with 19 years and 11 months (19.917 years) good years would not qualify. (example)

I posted the following only ten minutes ago:

There are no provisions for appeal or waiver for CRDP eligibility. The requirements are set forth in laws, not regulations. See https://www.law.cornell.edu/cfr/text/38/3.750

DFAS provides a summary at https://www.dfas.mil/retiredmilitary/disability/crdp.html

"Legislative activity on the issue of concurrent receipt began in the late 1980s and culminated in the provision for Combat-Related Special Compensation (CRSC) in the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (P.L. 107-314). Successive legislation since then has added CRDP, extended concurrent receipt to additional eligible populations, and further refined and clarified the program. Legislation enacted since 2003 has incrementally expanded the eligible population. As of September 2016 there were 529,117 retirees receiving CRDP, with an additional 91,305 receiving CRSC at a total annual cost of $11.3 billion.1 However, there are still approximately 450,000 military retirees who are receiving VA disability compensation but are not eligible for concurrent receipt. Determining whether to make some or all of this population eligible for concurrent receipt remains a key point of contention in Congress." Ref: Congressional Research Service Report of 2017

The Congressional Research Service organization provides an excellent summary of the history of Concurrent Receipt at https://fas.org/sgp/crs/misc/R40589.pdf

Ron
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Even if you have 20 years as a reservist, if you do not have a 20Y letter, you do not qualify. You must have a 20Y letter and they are not issued until about 90 days after you hit 20 years.
 
That stands to reason. The point I was making is that a reserve member must fully qualify for a reserve retirement (20 good years, etc.) for CRDP. I was unaware of the administrative delay in the issuance of the 20 year letter, which is the proof one achieved the qualifying service. That administrative delay does not change the 20 “good years” requirement.

Ron
 
If you reach 20 years as a reservist, but only 10 of those are active duty, do you not receive CDRP until you are 60?
 
Jcon1 said:
If you reach 20 years as a reservist, but only 10 of those are active duty, do you not receive CDRP until you are 60?
Click to expand...

Provided you have a 20 year letter of eligibily, you can receive non-disability reserve retired pay at age 60 (can be reduced for certain periods of service). At the same time, CRDP (which is retired pay itself) can restore waived retired pay not to exceed the reserve retirement amount.

If one is a CH 61 disability retiree and receiving DOD disability retirement pay, but also qualifies for reserve retirement at age 60, cannot receive CRDP until they meet the age requirement as discussed in the first paragraph. CRDP in this type case cannot exceed the dollar amount of the computed reserve retirement.

Ron
 
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