TDRL pay and VA compensation

Discussion in 'Physical Evaluation Board System Overview' started by italianguy4, Jun 29, 2011.

  1. italianguy4

    italianguy4 PEB Forum Veteran

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    hey everyone..i have a question..i hear that TDRL members are able to collect their retirement check and their va check together? not waive one or the other. is this true? or do we have to waive one or the other? also if we do have to waive one...how do we go about choosing?

    thank you everyone
  2. maparker

    maparker Staff Member PEB Forum Veteran

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    All retirees have their retirement pay offset by VA compensation. However, there are a couple of programs that restore the offset of retirement pay.

    The first is CRDP. To be eligible for CRDP you must be a Length of Service (LOS) retiree and have a VA rating of 50% or more. If a LOS retiree, there is no minimum number of years of service required to qualify. There are 50,000+ LOS retirees with less than 20 years of service. If a disability retiree, however, you must have 20 years of service and a VA rating of 50% to qualify for CRDP. If qualifiied, CRDP is automatically paid by DFAS.

    The second is CRSC. All retireees (except 10 USC 12731b) retirees are eligible for CRSC regardless of years served. CRSC restores retirement offset by VA compensation up to the amount of VA compensation for combat related disabilities. CRSC must be applied for with your Service. The CRSC calculation glitch prevents many from receiving the correct amount of CRSC. You can read about the CRSC glitch here: PEB Forum Home - DES Outrage of the Week # 8 - DoD's CRSC Calculation Glitch . Legislative efforts continue to try and fix the CRSC glitch.

    Mike
  3. italianguy4

    italianguy4 PEB Forum Veteran

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    i see. thank you mike. what about state unemployment benefits? if you arnt 100 percent rated from the VA can you still collect unemployment benefits?

    '
  4. maparker

    maparker Staff Member PEB Forum Veteran

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  5. nwlivewire

    nwlivewire PEB Forum Veteran

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    Dear italian guy 4:

    I just went to my state's unemployment web site.
    Under FAQs, one of them was "Things that can affect you benefit amount."
    One of those "things" that will affect my weekly benefit claim amount for my State of Oregon is PENSION.

    Here's what my state says:
    ********************
    PensionsEmployment Department Law provides that weekly benefits may be reduced by a pro rated weekly share of retirement pay received from any retirement plan maintained or contributed to by an individual’s base period employer(s). Lump sum retirement payouts from base year employers also may result in a deduction from your benefits.

    If your retirement pay changes during the life of your claim, you must notify the Employment Department.

    *******************

    So it looks like Oregon and Washington have a dollar-for-dollar type reduction on your weekly benefit amount that comes from Unemployment.

    That is, IF your weekly unemployment claim amount is based on your last 18 months of wage earnings (mililtary), and, your retirement is ALSO coming from the same entity (military), THEN there's a dollar-for-dollar type take away off your weekly benefit amount.

    That's why my Army Buddy only gets 100.00 a week in unemployment compensation instead of 500.00 per week. Last employer was Army and Buddy is in receipt of retirement from Army. So buddy has a 400.00 per week take-away off the weekly UI benefit amount.

    I tell you what, between the "off-sets" and the "take-aways" and the "dough-nut holes", this is one heck of a deal we're getting!

    Water, water, everywhere - and not a drop to drink!

    v/r,
    nwlivewire
  6. Marine32

    Marine32 PEB Forum Veteran

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    you have to remember though, that is only if you collect retirement from the DOD. In other words: if you collect VA compensation instead this rule may not apply to you. In North Carolina, if i didn't waive my retirement pay for VA compensation, i wouldn't get anything for unemployment, but since VA disability pay is not considered as retirement pay, i receive the full amount of unemployment. The rules state pretty much the same thing nwlivewire stated, but plenty of research and making sure i dealt with the right people at the unemployment office allowed me to collect the full amount. Now, being rated 100% doesn't mean anything to them... unless you are deemed unemployable. To collect unemployment you have to be able to work... and actively be searching for work lol at least as far as they are concerned. Call your local unemployment office and make sure you ask to speak with the VA rep who deals with veterans... they will explain what you qualify for.
  7. nwlivewire

    nwlivewire PEB Forum Veteran

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    Dear Marine 32:

    I'm glad you pointed out the distinction between the military retirement pay and the VA compensation when it comes to Unemployment Insurance (UI) compensation.

    For sure, two different ball games. Two different sets of rules.

    My Army Buddy is receiving a regular, non-disability military retirement and after nine months of retirement, is still waiting for the VA to come back with ratings results.

    And you're right. If your military disability pension has been hugely off-set by the VA Compensation, the UI take-away wouldn't be so very much like what is happening to my Battle Buddy. It all boils down to individual situations. Most State UI websites have an estimator or, it will tell you how to figure out an ESTIMATED UI weekly benefit amount. Once you know that estimated UI figure, you can subtract your monthly military pension amount from it. And then you'll know if you'll have any UI coming to you.

    As for myself, I'm an SSDI recipient, so I don't think SSDI will allow me to get UI without somehow, getting afoul with the law.

    Wish I could draw both as it sure would help.

    Wonder if there's some sort of training/retraining program for Vets on SSDI that would allow for receipt of UI while trying to learn some gainfull work skill?

    Anybody know of anything out there like that?

    v/r,
    nwlivewire
  8. Amygal82

    Amygal82 PEB Forum Veteran

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    So you collect SSDI but not UI? How did you qualify for SSDI? Are you 100% for VA? How much is SSDI? Thanks for helping.
  9. OneFavor

    OneFavor PEB Forum Veteran

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    @nwlivewire There is the ticket to work program with the ssa, however if you make over a certain amount it may count against you, and ultimately affect how much you get in SSDI. Check the ssa website for more info. Also, do you qualify for Voc Rehab(i do not know if you have a rating from the VA yet), that may bring additional training or income.
  10. nwlivewire

    nwlivewire PEB Forum Veteran

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    Dear OneFavor:

    Going through the Military medical/VA boards even as I write.

    Just turned in the MEB appeal. That's where I am in the process so far.

    Will check out this ssa ticket to work like you wrote about.

    I've been told by a couple other Vets that generally, if you're on SSDI, your VA rating may end up being a high rating as well.

    The way I understood them, they both said if my VA rating is like 90/100% (which is possible), and they place me in the unemployable category, then the VA Voc Rehab might send me back to the end of the line. Why spend money on training someone who is in that category? Which I guess, may be part of the cost/benefit analysis piece of this.

    And while I realize my body can't do the things it used to do, my brain can still work pretty good some of the time - for which I am gratefull.

    So while I'm waiting for the returns from this IDES process, I'm trying to figure out my possible next steps to see what I CAN do and where I go from here.

    I'll check out the ssa website and the va website and drill down some more.

    If you think of anything else - no mater how far-fetched - let me know. One idea can spur another that will work!

    Thanks!

    v/r,
    nwlivewire
  11. Amygal82

    Amygal82 PEB Forum Veteran

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    I'm confused anout how one applied for SSDI while still on active duty.
  12. nwlivewire

    nwlivewire PEB Forum Veteran

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    Dear Amygal82:

    If you do to the ssa dot gov website, look for the Wounded Warrior online application process.

    It's alot faster to apply on-line.

    It will tell you alot about the questions you are asking.

    If you want, you can also search this forum under SSDI and a bunch of info will come up for that's already been posted.
    To do it here, you can click on FORUM at the top left-hand side of this page above you here
    scroll down to a starred heading the says, VA and Other Benefits
    Then click on Other Benefits.
    SSDI threads are in there.

    I posted quite a bit of info on this site about my experience with SSDI, and so have others.

    I had to go through the "old" way, before ssa had the quick application for Wounded Warriors on the ssa dot gov website.

    You won't have to if you meet the basic criteria to apply.

    v/r,
    nwlivewire
  13. OneFavor

    OneFavor PEB Forum Veteran

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    nwlivewire,

    You are correct. If you are unemployable and you decide to go for Voc Rehab, you would essentially lose the unemployability. I did not know that, however, the worker informed me that I could decide which I thought was better, however it might be hard to try to get the unemployability back if I decided to go with Voc Rehab. Also, you may want to see if your state has a rehabilitative services division that may be able to assist.
  14. jrs69

    jrs69 New Member

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    I was wondering if anyone could help...
    My husband is on TDRL as of August 2011. He did 3.5 years and had a VA rating of 70%. He was in security forces but never deployed, due to the injury. When he got out he was told that he would get his retirement pay but not the VA pay (they said he couldn't have both and let him choose). Its been over a year now and he is still getting both (1 check for retirement, 1 from the VA). We have contacted a ton of people and no one can tell us why he is getting both. We haven't spent any of the VA money because we are afraid they will take it back if this really is all a mistake.

    Is there some loop hole that we don't know about?
  15. hsanchez0328

    hsanchez0328 PEB Forum Veteran

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    What is his DoD rating?
  16. jrs69

    jrs69 New Member

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    Its 40%.
  17. johndelta

    johndelta PEB Forum Veteran

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  18. hsanchez0328

    hsanchez0328 PEB Forum Veteran

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    Ok, the only way i see someone with less than 20 yrs total service getting both DoD pay and VA is if DoD retirement pay is more than VA. For ex. if the 40% retirement is more than the 70% VA rating then you would get VA check plus whatever is left after subtracting the VA amount from DoD amount. Lets say, retirement amount is $2100 and VA amount is $1459, then you would end up getting $1459 from VA and $2100-$1459= $641 from DoD. Of course this are just hypothetical amounts. Now if the amount from DoD is less than the VA amount, then there is a problem. VA may eventually do an audit and the error might be found, and the money will be recoup. Good thing you are still saving the money and not using it and make sure to keep bugging VA about the error if it is an error. The sooner you get this fix, the less you will have to worry.
  19. pittpan2005

    pittpan2005 PEB Forum Veteran

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    Sanchez,
    Nicely put. One other possibility is he applied for CRSC and was awarded it.

    PUT THAT MONEY SOMEWHERE THAT PAYS INTEREST!!!!!!!!

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