Good Day, so I’ve seen on here that a medically retired mbr’s pay out will be offset. However, a friend of mine sent me the attached.
Has anyone else received both DAV and DFAS at 75%(with less than 30yrs of srvc) without any offset?
Hello
@wallys1025 ,
Please note that the documents you provided
are not an example of a retiree receiving disability retired pay and VA compensation without a reduction in retired pay in the amount of the VA compensation. They describe gross retired pay which is before deductions such as taxes and/or VA offset. Of course, a retiree could decline payment of VA compensation which would result in zero VA compensation, but full receipt of the retired pay (which would be a poor choice in my opinion).
General.
DAV = Disabled American Veterans (an organization for vets)
DVA = Department of Veterans' Affairs
1. A Chapter 61 (disability) retiree who receives a DoD rating of 80% or 90% or 100% will receive
the higher of
--the longevity computation of retired pay which is total active duty years (or equivalent) x 2.5% (usually) = DoD longevity multiplier. The longevity multiplier x average high three base pay = longevity retired pay
or
-- The DoD percentage of
75% (since in this example his DoD is 80%-100%) x average high thee base pay.
2. The retired pay will be reduced by the amount of the VA compensation. Any residual retired pay will be kept by the retiree.
Note: If the retiree is eligible for CRDP, it will restore the reduced retired pay not to exceed the longevity portion of retired pay. In other words, the restoration using the first computation shown above. The combination of residual retired pay and CRDP cannot exceed the the longevity portion of retired pay.
3. A regular retirement (non-disability) would result in the retiree receiving all the retired pay computed using the longevity factors. Page 2 of their RAS will show how much of the gross retired pay is CRDP.
4. There are dozens of computations of retired pay on this web site. The SEARCH feature can be used to find them. You can use the keyword CRDP for the results you likely are interested in.
5.
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.
Ron
