TDRL Re-evaluation - Can it affect my CRSC?

Crispy Bojangles

Crispy Bojangles

Well-Known Member
PEB Forum Veteran
Registered Member
Hey all,
I just got the notification that I will be having my re-evaluation for my two unstable conditions (PTSD 70% & Low Back 40%)

I had 17 years in and I am VA 100% P&T.
I currently receive CRCS in a sizable chunk.
Can the outcome of this Re-evaluation affect my VA or CRSC payments in anyway?
I am nervous, but also hopeful I can retain at least a 30% overall rating so I can keep Tricare for the family.


Any help would be great.
 
Crispy Bojangles said:
Hey all,
I just got the notification that I will be having my re-evaluation for my two unstable conditions (PTSD 70% & Low Back 40%)

I had 17 years in and I am VA 100% P&T.
I currently receive CRCS in a sizable chunk.
Can the outcome of this Re-evaluation affect my VA or CRSC payments in anyway?
I am nervous, but also hopeful I can retain at least a 30% overall rating so I can keep Tricare for the family.


Any help would be great.
Click to expand...
If you have been getting treatment and have medical records to back it up you should be fine unless your conditions improved greatly. Go to the exam and it wouldn't hurt to bring records/notes to make sure you talk about all of your symptoms and how they affect your work life (If working) & daily life.

To ease your mind review your symptoms and compare them to VA rating. If they are still the same then you have a baseline. If they are different then know the expected ratings for those conditions. Seek outside counsel from a private attorney or if you want to go the free route talk to the Office of Soldiers Council and get advice ahead on what to expect. When your ratings come in if they are not in line with what the VA says and or what you think they should be then appeal. See this link for the Army for representation: Office of Soldiers' Counsel

The downside to TDRL is that they don't have to follow the same ratings at the VA and this system is more like the old LDES meaning you really need to prepare and be ready for a fight with evidence if you get a rating that is lower than it should be.
 
Crispy Bojangles said:
Hey all,
I just got the notification that I will be having my re-evaluation for my two unstable conditions (PTSD 70% & Low Back 40%)

I had 17 years in and I am VA 100% P&T.
I currently receive CRCS in a sizable chunk.
Can the outcome of this Re-evaluation affect my VA or CRSC payments in anyway?
I am nervous, but also hopeful I can retain at least a 30% overall rating so I can keep Tricare for the family.


Any help would be great.
Click to expand...
Hello @Crispy Bojangles

Yes, it could affect the CRSC if your retired pay changes.

CRSC cannot:
--exceed the dollar amount of retired pay waived (i.e., the VA offset)
--CRSC cannot exceed the dollar amount of the longevity portion of retired pay
--CRSC cannot be more than CRDP (does not apply here)
--CRSC when combined with residual retired pay cannot exceed the longevity amount of retired pay

--CRDP (does not apply here) can be more than CRSC, but never less

CH 61 retirees with less than 20 years AD generally receive the lesser of
--longevity portion of retired pay
OR
--the CRSC % and amount approved by the service concerned; the VA comp tables are used.

Someone else will likely comment on the whether the reexamination will include the VA part.

Ron

@Provis
 
My CRSC was recalculated off my VA reexamination, which lowered my Ptsd rating to 30% and not the DoD reevaluation rating of 70%. The exams were conducted within 14 days of each other. HRC sent me VA documents to justify the reduction, actually documents I had never seen before, so they have access to your VA records and more. It took a couple of months to get the VA to change my rating to 70% after I filed a supplemental claim with more documents (and the transcript of my QTC C&P exam that lowered it to 30%). I had my CRSC restored and even raised bc the VA rated me 100% P&T after I basically dragged them through the mud on the supplemental claim. I am waiting on my BVA direct review of the 30% reduction. It’s been almost 1.5 years still waiting on the direct review, so ensure your records are accurate to avoid a situation like this.

The two ratings *should* be the same, but like @Provis said, DoD can rate anyway they want. And also like Provis said, talk to an attorney. You can contact the Soldier Counsel office prior to your TDRL revaluation, but they will not review anything until after you have the revaluation appointment. A private attorney can work with you before your appointment, so think about what you want to do. If you have the documentation to justify a certain ranting, you should not worry (I know this is impossible, I was a damn wreck before that appointment).

If you have a recent re-rating (not the MEB/PEB rating) from the VA, DOD will most likely accept that rating.
 
Wow, I appreciate all the answers - although I think I have more questions than when I started.

To clarify, this is the Army conducting my reevaluation for my TDRL - I was 100% P&T through the VA from day 1.

I have a bunch of documentation but I am certain it will still go down as I am no longer doing inpatient.

I "need" 30% to keep the Benes for the fam.

I guess I will need to learn more about how CRSC is calculated to understand what going from 80% DOD to 30% might do.

I appreciate the insight everyone!
 
Hello,

There are hundreds of examples of CRSC computations on this board. CRSC replaces some or all of retired pay waived due to receipt of VA compensation.

Although not rocket science, the computation of CRSC for disability retirees is more complex than for regular retirements.

Ron

Added: If one’s retired pay is reduced due to a reevaluation, there is a lower amount of waived retirement pay that might be replaced.
 
Hello @Crispy Bojangles

You mentioned:
--To clarify, this is the Army conducting my reevaluation for my TDRL - I was 100% P&T through the VA from day 1.
--I have a bunch of documentation, but I am certain it will still go down as I am no longer doing inpatient.
--I "need" 30% to keep the Benes for the fam.
--I guess I will need to learn more about how CRSC is calculated to understand what going from 80% DOD to 30% might do.
--I had 17 years in and I am VA 100% P&T.

Comments:
Using $4000 as an example of your average high three base pay and 17 years active duty, the following would apply.
1. Current retired pay would be the higher of: 4000 x 75% = 3000 retired pay OR 17 AD yrs x 2.5% = 42.5% longevity multiplier x 4000 = 1700 retired pay
The higher is: 3000
2. Your retired pay is reduced to zero by the amount of VA comp which is >3000
3. Your CRSC would be the lesser of :
--The longevity amount 1700
OR
--The amount for the approved CRSC percentage which is found in the VA comp tables. If the approved CRSC was 80% with zero dependents, the amount = 1,778.43
4. In this example, the longevity amount of 1700 would be the CRSC.

If your DoD percentage was reduced to 30%, the following would occur using the same example amounts:

1. Current retired pay would be the higher of: 4000 x 30% = 1200 retired pay OR 17 AD yrs x 2.5% = 42.5% longevity multiplier x 4000 = 1700 retired pay
The higher is: 1700
2. Your retired pay is reduced to zero by the amount of VA comp which is >3000
3. Your CRSC cannot exceed the amount waived which is 1700
It is also limited to the lesser of:
--The longevity amount is 1700
OR
--The amount for the approved CRSC percentage which is found in the VA comp tables. If the approved CRSC was 30% with zero dependents, the amount = 467.39

In this example, your CRSC would be 467.39

There are many different scenarios that could apply. This is just an example.

Ron
 
Last edited:
RonG said:
Hello @Crispy Bojangles

You mentioned:
--To clarify, this is the Army conducting my reevaluation for my TDRL - I was 100% P&T through the VA from day 1.
--I have a bunch of documentation, but I am certain it will still go down as I am no longer doing inpatient.
--I "need" 30% to keep the Benes for the fam.
--I guess I will need to learn more about how CRSC is calculated to understand what going from 80% DOD to 30% might do.
--I had 17 years in and I am VA 100% P&T.

Comments:
Using $4000 as an example of your average high three base pay and 17 years active duty, the following would apply.
1. Current retired pay would be the higher of: 4000 x 75% = 3000 retired pay OR 17 AD yrs x 2.5% = 42.5% longevity multiplier x 4000 = 1700 retired pay
The higher is: 3000
2. Your retired pay is reduced to zero by the amount of VA comp which is >3000
3. Your CRSC would be the lesser of :
--The longevity amount 1700
OR
--The amount for the approved CRSC percentage which is found in the VA comp tables. If the approved CRSC was 80% with zero dependents, the amount = 1,778.43
4. In this example, the longevity amount of 1700 would be the CRSC.

If your DoD percentage was reduced to 30%, the following would occur using the same example amounts:

1. Current retired pay would be the higher of: 4000 x 30% = 1200 retired pay OR 17 AD yrs x 2.5% = 42.5% longevity multiplier x 4000 = 1700 retired pay
The higher is: 1700
2. Your retired pay is reduced to zero by the amount of VA comp which is >3000
3. Your CRSC cannot exceed the amount waived which is 1700
It is also limited to the lesser of:
--The longevity amount is 1700
OR
--The amount for the approved CRSC percentage which is found in the VA comp tables. If the approved CRSC was 30% with zero dependents, the amount = 467.39

In this example, your CRSC would be 467.39

There are many different scenarios that could apply. This is just an example.

Ron
Click to expand...


Ron,
I really appreciate you breaking this down for me.
I just got a call from my PEBLO and she said that I didn't need legal assistance - is that true?
Should I wait and get help if the TDRL hearing doesn't go my way?
 
Crispy Bojangles said:
Ron,
I really appreciate you breaking this down for me.
I just got a call from my PEBLO and she said that I didn't need legal assistance - is that true?
Should I wait and get help if the TDRL hearing doesn't go my way?
Click to expand...
PEBLO's are paper pushers. They don't have the knowledge to advice you on whether or not you should have legal assistance or how you should prepare to ensure your rating is correct. I would see if you can hire a private attorney to coach you before your TDRL appointment and to review your medical documentation. I bet the cost would be minimal. @Jason Perry would be a good a good start. His website is: Law Office of Jason Perry LLC, - Physical Evaluation Board, Medical Evaluation Board, PEB, MEB, PDBR, Physical Disability Board of Review, attorney, Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard, JAG, lawyer Then if the proposed PDRL % is lower than it should be you have an attorney that you can hire to help you appeal that knows your case.
 
I recommend you contact the Soldiers MEB counsel to at least get the documents signed so they can look at your case.

They can review the revaluation
documents from your appointment with the provider and give you their legal opinion and if you need any additional assistance or representation. You can always see what they say for free and then decide if you want to not use them, use their services or hire an outside attorney. PEBLOs sometimes just want to move a case along so they don’t have to do any additional work or wait you to use the legal office.
The Legal office phone and email are

502) 624-2310


usarmy.knox.medcom-irach.other.meb-counsel@mail.mil
 
Great advice @Provis & @FmrArmyAvatr - I appreciate you and will get on that. I am collecting all the docs now.
 
Provis said:
PEBLO's are paper pushers. They don't have the knowledge to advice you on whether or not you should have legal assistance or how you should prepare to ensure your rating is correct. I would see if you can hire a private attorney to coach you before your TDRL appointment and to review your medical documentation. I bet the cost would be minimal. @Jason Perry would be a good a good start. His website is: Law Office of Jason Perry LLC, - Physical Evaluation Board, Medical Evaluation Board, PEB, MEB, PDBR, Physical Disability Board of Review, attorney, Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard, JAG, lawyer Then if the proposed PDRL % is lower than it should be you have an attorney that you can hire to help you appeal that knows your case.
Click to expand...
I second Jason Perry if you go with a private attorney. There are only a handful of private attorneys that focus on military disability so if you look at other attorneys, please check to see if they generally focus on military legal issues (court martials, article 15s, etc) vs. disability. The two processes are very different.

Also, you should have access to free legal counsel provided by the military. Actually, I just saw that fmrarmyavatr posted that as well. I would definitely start there because they can give you an overview for free and represent you if you choose.
 
Provis said:
PEBLO's are paper pushers. They don't have the knowledge to advice you on whether or not you should have legal assistance or how you should prepare to ensure your rating is correct. I would see if you can hire a private attorney to coach you before your TDRL appointment and to review your medical documentation. I bet the cost would be minimal. @Jason Perry would be a good a good start. His website is: Law Office of Jason Perry LLC, - Physical Evaluation Board, Medical Evaluation Board, PEB, MEB, PDBR, Physical Disability Board of Review, attorney, Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard, JAG, lawyer Then if the proposed PDRL % is lower than it should be you have an attorney that you can hire to help you appeal that knows your case.
Click to expand...
I have to second that, a wise man told me PEBLOs are retired E-4's (make of that what you will) but some are great and others.....need more training. If you have been scheduled for a re-exam then that means any VA documents the TDRL section had access to were not sufficient to forego a re-exam, in other words the didn't have enough to send your case straight to the PEB without having you get a re-exam. I have never heard of someone bringing legal representation to a re-exam but if you do please post an update with the results.

From what I have seen legal reps are usually employed when the PEB has made their final determination of the DOD rating and the SM does not concur and requests a Formal Board.
 
NotaTDRLemployee said:
I have to second that, a wise man told me PEBLOs are retired E-4's (make of that what you will) but some are great and others.....need more training. If you have been scheduled for a re-exam then that means any VA documents the TDRL section had access to were not sufficient to forego a re-exam, in other words the didn't have enough to send your case straight to the PEB without having you get a re-exam. I have never heard of someone bringing legal representation to a re-exam but if you do please post an update with the results.

From what I have seen legal reps are usually employed when the PEB has made their final determination of the DOD rating and the SM does not concur and requests a Formal Board.
Click to expand...
The assigned legal is reactive. Private counsel is proactive:) Its much better to consult with an attorney and get your ducks in a row than to try to fight an uphill battle. That's the difference between free legal support and paid legal support.
 
I appreciate all the direction everyone - I will keep you up to date on how things are going. I have my physical exam in July and my BH in September. So I am just gathering all the documents from external providers and then will seek out counsel once I have all my paperwork.
 
You must log in or register to reply here.
Top