TDRL to PDRL

C

crmason

PEB Forum Regular Member
Have a couple of questions...hoping someone can help.

My husband has been in the Army National Guard for 26 years. Came back from OIF with some injuries was put on TDRL for his knee, back, and wrist at 30%. Since being placed on TDRL, he had a much needed knee surgery with the VA and was diagnosed with PTSD with the VA and is getting treatment. He was rated 100% with the VA P&T. 30% for CRSC.

Last week, he had his re-evaluation appointments for his TDRL. Most of the doctors had no idea why he was even there. One said that the wrist was going to have to be listed "Fit for Duty". We added PTSD to the claim and gave them all the information about the knee surgery.

We are hoping for PDRL but won't know for another 60 days....my question is what will his retirement look like. He has not gotten paid from DFAS in a long time. They claim all of that money goes to the VA.

We were told by another soldier going through this that he will start getting his retirement from the National Guard. We have been told the VA pay will stop for a time, if he is placed on PDRL. We were also told that he might get more re-evaluation appointments. Why do we have to go through all of this? I would think getting rated 100% from the VA would be enough.
 
I hope Jason chimes in here, but TDRL should be a minimum of 50%. It's my understanding that if the injury that put him on TDRL is combat related then that injury %age is used in the calculation of CRSC. I don't understand why you haven't gotten paid for CRSC. Did he apply? I think he should be eligable for concurrent reciept because he has over 20 years in. Did he get his 20 year letter? I think someone messed up! His ptsd alone should be a minimum rating of 50% and is automatic for combat related. But I know for sure TDRL, he should get both at 100% of his rating, due to concurrent reciept rules. It should be automatic. I'd definately push to get answers from Jason, maparker, or one of the wonderful moderators on this site. They also have to rate your husbands PTSD. You shouldn't have to go through this. DFAS.gov has a section for crdp, and crsc, I'd look it up. I hate what they do to reservists/guard, it's just wrong.
 
He was rated on the CRSC at 30% for the PTSD. But because of "math glitch" he will not be paid for it.

He does have a 20 year letter.

What I am trying to figure out is the Retirement Pay, what I am hearing, is that he will never be paid his Retirement. He will just get his VA benefits. I also heard, that his VA benefits will stop for a time due to him going on to PDRL.
 
mascabn said:
I hope Jason chimes in here, but TDRL should be a minimum of 50%. It's my understanding that if the injury that put him on TDRL is combat related then that injury %age is used in the calculation of CRSC. I don't understand why you haven't gotten paid for CRSC. Did he apply? I think he should be eligable for concurrent reciept because he has over 20 years in. Did he get his 20 year letter? I think someone messed up! His ptsd alone should be a minimum rating of 50% and is automatic for combat related. But I know for sure TDRL, he should get both at 100% of his rating, due to concurrent reciept rules. It should be automatic. I'd definately push to get answers from Jason, maparker, or one of the wonderful moderators on this site. They also have to rate your husbands PTSD. You shouldn't have to go through this. DFAS.gov has a section for crdp, and crsc, I'd look it up. I hate what they do to reservists/guard, it's just wrong.
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what are the concurrent receipt rules?
 
sdpikapp,

Usually, NG and Reserve component 20-year retirees cannot begin collecting retirement until age 60, unless they are medically retired. Placement on the TDRL equates to a medical retirement. At the time of his placement on the TDRL, did he have at least 20 active years of federal service (or equivalent)? Also, at the time of his placement on the TDRL, did he have a VA rating of 50% or more? If the answer is 'yes' to both these questions, he was eligible to collect both his VA compensation and military retirement pay via CRDP.

Concurrent Receipt rules require that you have >20 years active service or >20 'good' years with NG/Reserve, a VA disability rating of 50% or more, and currently eligible to collect military retired pay.

One caveat I can think of is the VA awarding him Individual Unemployability (IU) status - I know you mentioned he was 100% P&T (one function of IU is for those without a 100% VA rating to be paid at a 100% rate due to the restrictions of their disability). Having this VA classification complicates CRDP eligibility as I believe they are phasing IU-Veterans in to the eligibility pool for CRDP. Is your husband VA-IU?

Another potential issue was your husband's CRSC election, you can only receive one of these benefits (CRDP or CRSC). If eligible for both, your husband should have been offered a choice each year to which benefit he wished to receive. You mentioned he wasn't qualified for any CRSC pay because of the current 'flaw' in their computation system for CRSC, so given he was eligible for CRDP, he should have been receiving both TDRL retirement pay at a 50% rate and VA compensation.

Placement on the PDRL (or being placed on the TDRL, which is likely considering the introduction of PTSD to his list of conditions) should not interrupt his VA compensation, even without CRDP. He will continue to receive his VA compensation regardless of what occurs on the military side of the house, unless he receives a higher rating than 50% and will be eligible for more compensation via retirement pay.

Because of his PTSD, I would guess the likely outcome of his current re-evaluation will be placement on the TDRL at 50% for PTSD at the least. Hard to state how they will rate his other conditions without seeing diagnostic facts. But due to current laws in evaluating PTSD, his placement on the PDRL is unlikely at best.
 
thanks. I am still waiting to get my packet back from the board so Im just trying to learn a little more.
 
carnelli53 said:
sdpikapp,

Usually, NG and Reserve component 20-year retirees cannot begin collecting retirement until age 60, unless they are medically retired. Placement on the TDRL equates to a medical retirement. At the time of his placement on the TDRL, did he have at least 20 active years of federal service (or equivalent)? Also, at the time of his placement on the TDRL, did he have a VA rating of 50% or more? If the answer is 'yes' to both these questions, he was eligible to collect both his VA compensation and military retirement pay via CRDP.

Concurrent Receipt rules require that you have >20 years active service or >20 'good' years with NG/Reserve, a VA disability rating of 50% or more, and currently eligible to collect military retired pay.

One caveat I can think of is the VA awarding him Individual Unemployability (IU) status - I know you mentioned he was 100% P&T (one function of IU is for those without a 100% VA rating to be paid at a 100% rate due to the restrictions of their disability). Having this VA classification complicates CRDP eligibility as I believe they are phasing IU-Veterans in to the eligibility pool for CRDP. Is your husband VA-IU?

Another potential issue was your husband's CRSC election, you can only receive one of these benefits (CRDP or CRSC). If eligible for both, your husband should have been offered a choice each year to which benefit he wished to receive. You mentioned he wasn't qualified for any CRSC pay because of the current 'flaw' in their computation system for CRSC, so given he was eligible for CRDP, he should have been receiving both TDRL retirement pay at a 50% rate and VA compensation.

Placement on the PDRL (or being placed on the TDRL, which is likely considering the introduction of PTSD to his list of conditions) should not interrupt his VA compensation, even without CRDP. He will continue to receive his VA compensation regardless of what occurs on the military side of the house, unless he receives a higher rating than 50% and will be eligible for more compensation via retirement pay.

Because of his PTSD, I would guess the likely outcome of his current re-evaluation will be placement on the TDRL at 50% for PTSD at the least. Hard to state how they will rate his other conditions without seeing diagnostic facts. But due to current laws in evaluating PTSD, his placement on the PDRL is unlikely at best.
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He is not IU with the VA. I will have research IU.

He does not have 20 Active years. I believe he has 7 Active years. He ended with 26 years total service.

He did not receive his VA rating until almost 7 months after he was placed on TDRL.

For CRDP, do I have to file for that. Or will it start once he gets IU?
 
CRDP, if your husband was eligible, should have started automatically. Under this program, he should have received his military retirement pay and VA compensation concurrently.

You stated he received his 20-year letter, this occurred prior to his placement on the TDRL?

IU and CRDP are distinct benefits, being IU used to disqualify one from CRDP - that is no longer the case and they are phasing in IU recipients.
 
carnelli53 said:
CRDP, if your husband was eligible, should have started automatically. Under this program, he should have received his military retirement pay and VA compensation concurrently.

You stated he received his 20-year letter, this occurred prior to his placement on the TDRL?

IU and CRDP are distinct benefits, being IU used to disqualify one from CRDP - that is no longer the case and they are phasing in IU recipients.
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He did receive his 20 year letter prior to TDRL.
 
My husband is in a similar boat. He was in the Air Nat. Guard and has a 20 year letter . He is rated 100% P&T from the VA. He just got a LOD yes -the LOD process was initiated 2.5 years ago. It is my understandling you have to either go the Disability retirement route or Guard retirement at age 60 route-and must choose. If your husband is TDRL, when they propose a permanent rating or severance pay, he can at that time elect to collect his guard/reserve retirement at age 60. I have been warned that those options may not clearly be offered or explained. We are awaiting the results of a MEB/PEB and depending on the results, will choose at that time. So, my husband could be offered TDRL as well. He has had a 20 year letter for several years. He has 10 years active duty and 19 in the guard-somehow-it equates to 12 years active. They are only counting Title 10 time. Either way, at age 60, you can collect the VA and milary retirement in full from what I understand. If I am not correct here, please feel free to chime in.
 
kbutler said:
My husband is in a similar boat. He was in the Air Nat. Guard and has a 20 year letter . He is rated 100% P&T from the VA. He just got a LOD yes -the LOD process was initiated 2.5 years ago. It is my understandling you have to either go the Disability retirement route or Guard retirement at age 60 route-and must choose. If your husband is TDRL, when they propose a permanent rating or severance pay, he can at that time elect to collect his guard/reserve retirement at age 60. I have been warned that those options may not clearly be offered or explained. We are awaiting the results of a MEB/PEB and depending on the results, will choose at that time. So, my husband could be offered TDRL as well. He has had a 20 year letter for several years. He has 10 years active duty and 19 in the guard-somehow-it equates to 12 years active. They are only counting Title 10 time. Either way, at age 60, you can collect the VA and milary retirement in full from what I understand. If I am not correct here, please feel free to chime in.
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Wow we are in the same boat.....This is good information.
 
I too am in this similiar boat. I am collecting 100% IU from the VA. I still drill in the Guard and am going through the process and most likely will be granted some kind of military disability. The same question I have and I don't see a definitive answer to is regarding the military retirement issue. I have over 20 years and a 20 year letter. Will it come down to taking a disability retirement now at a reduced amount versus forgoing that option and waiting until I turn 60 for the full retirement. I'm trying to figure out what is the best option to take and I believe others are trying to make that point also. If I wait until 60 it seems that if I'm going to wait until 60 the DOD disability is somewhat of a moot point. Although I believe if you needed it you would get tricare if you are taking the military disability route.
 
The way to go really depends on lots of factors-your rating, your age and base pay. In our case, the health problem is not combat related so therefore if he goes the military disability route, he cannot use the 10 years military service he bought back towards his civilian retirement. If you take the Guard retirement at age 60, there is no effect on OPM/Civilian retirement. A factor to consider is that a military disability retirement is carved in stone. The VA can re-evaluate you at any time -even if you are 100% P&T. Therefore, you could potentially be fighting to keep benefits the rest of your life. There are lots of factors to consider and it is difficult to find anyone to help.

marklpratt said:
I too am in this similiar boat. I am collecting 100% IU from the VA. I still drill in the Guard and am going through the process and most likely will be granted some kind of military disability. The same question I have and I don't see a definitive answer to is regarding the military retirement issue. I have over 20 years and a 20 year letter. Will it come down to taking a disability retirement now at a reduced amount versus forgoing that option and waiting until I turn 60 for the full retirement. I'm trying to figure out what is the best option to take and I believe others are trying to make that point also. If I wait until 60 it seems that if I'm going to wait until 60 the DOD disability is somewhat of a moot point. Although I believe if you needed it you would get tricare if you are taking the military disability route.
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A factor to consider is that a military disability retirement is carved in stone.
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This is not necessarily true. Military disability retirement is not carved in stone until you have been placed on the PDRL and have appealed all the way to the Supreme Court of the United States. Placement on the TDRL is the complete opposite of having your retirement carved in stone.

If you take the Guard retirement at age 60, there is no effect on OPM/Civilian retirement.
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I believe that this may be correct, but fails to mention that this may also be true of military disability retirement.

The VA can re-evaluate you at any time -even if you are 100% P&T.
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There is an important distinction to be made here - the VA has no authority to review and determine your military disability rating. Your VA and military disability ratings are separate entities. The military may only re-evaluate you if you are placed on the TDRL at statutorily determined intervals, placement on the PDRL equates to a 20 year retirement for purposes of re-evaluation (i.e. there are no more evaluations). It is also possible for the VA to place language in their rating decisions that effectively "finalizes" a rating for a particular condition (so VA ratings may be set in stone).

In my opinion, it is almost always more favorable to accept a military disability retirement for guard/reserve members (this is not to say there are not exceptions). You can begin collecting before age 60 and receive all the benefits and privileges of a 'normal' retiree. For those who qualify for CRDP, you can begin collecting both VA and DoD pay at an earlier time. I'm unsure of many of the implications military disability retirement has on OPM/civilian federal jobs, but I was under the impression that is has no impact on the retirement programs offered through these employers.
 
TDRL

I was activated for the war again in 2005, I was injured on station and while being treated I contracted a devestating case of spinal meningitis, I recovered with permanent damage that caused me to be unable to return to my civilian occupation, I was TDRL from the air force at 60% then the VA took over, and after it was all said and done they rated me unemployable at 90%, I had a total of 22+ years in with about 10 total active duty years according to their (broken calculator) point system. I never got a retirement letter and I was told that I did not qualify to get both my va pension and military pay at the same time because I did not have enough time in, my question is I and many of our reserve and national guard brothers and sisters that are in the same situation more or less, didn't ask to be sick or to end our career before it was time, it seems that we are being punished because we got injured before we had a certain amount of time in the service, even at 100% disability pension in the VA does not cover the pay that some people were or could of bring home after their deployment if they could of worked, now being IU I can't even get voc rehab, I applied and started it but since my rating for UI came in it is being revoked and now I am being kicked to the curb for lack of fancy words. Any advice? maybe I am overlooking something somewhere? I am still on TDRL and will be reevaluated in the coming months, I wish I could change what happened and still be serving my country instead of searching ways to make ends meet, but here I am looking for answers like many others.
thanks
 
Hi,
I had my 20 good years in, and went for the DES. The Navy put me on 30% and TDRL, because I was not yet 60 (I was less that 7 months away from 60). The VA gave me an 80% rating.
WCan I go to PDRL when I turn 60? If so, is it automatic or do I request it?
The Navy ONLY figured by 15 years AD and none of my reserve time (I have 22 GOOD
Reserve years. So no concurrent receipt. If they put me on PDRL at 60, I would get another $1000 per month.
Thoughts?
 
It sounds like you are confusing some concepts here.

TDRL does not depend on your years of service. Your case will be looked at periodically, for up to 5 years. If you are stable and still rated at or above 30% at that point, you will be placed on PDRL.

Your CRDP entitlement is a separate issue; at age 60 you should get it.

What are your total points (AD and Reserve points combined)?
 
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