VA Disability pay + TDRL Whats the truth?

Discussion in 'PTSD and Mental Health Conditions' started by kn1080, Jan 11, 2010.

  1. xgijane

    xgijane PEB Forum Veteran

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    Can I receive TDRL while receiving VA Disability Compensation while they are figuring out whether to medically retire me or not? I have 20+ years, and 70% plus UI for 100% VA comp. CRDP, not CRSC if found unfit for duty. Thanks.
     
  2. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    Yes, you will be able to get CRDP.
     
  3. xgijane

    xgijane PEB Forum Veteran

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    Jason, again you are my hero. Since your info yesterday I have been reading up on the reg info you gave me, plus ABCMR procedures, etc. Creating a clear, concise case with the regulation sections for back up. So far, everything has been very promising. This website and yuku are so helpful. Even if I don't succeed, at least I got the chance to try to fix things. Losing benefits due to ignorance is so sad. I wish there were more advocates and informational resources out there. Thank you.
     
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  4. Blood40

    Blood40 New Member

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    Here's a unique question for everyone out there....

    I am a veteran that took part in the SABO Class Action Lawsuit regarding PTSD and correction of military records. For those of you unaware, this was a lawsuit that basically took a veteran like myself with an original Army 0% discharge and changed it to a 50% discharge.

    A little background first...

    When I was originally discharged in April 2006, prior to the lawsuit, I was discharged from the Army at 0% with severance pay. No TDRL, just here's your check and goodbye! Later I went to the VA and was rated at 60%, 50% for PTSD and 10% shoulder. My severance pay was recovered in full from my VA payments as expected. Basically I received $800 less each month until it was fully recovered...the PTSD portion was witheld.

    After the lawsuit, and just a few days ago, I received NEW ORDERS that change the way I was discharged from the Army. My orders now state that I was first placed on TDRL for (6) months and then retired from the Army at 50% service connected/combat related...no severance pay due.

    The tricky question regarding severance...

    Had I actually been discharged the way that my orders NOW state, I would have never received a severance nor would I have had to pay it back. Once placed on retirement I would have collected the FULL 60% from Va rather than the 10% I was getting. Retirement pay not an option because it's waived with the VA being higher. I have thought about this over and over, and every scenerio I come up with makes me feel like I was duped out of a big chunk of cash from the VA. Is anyone out there knowledgeable on this subject. Thanks in advance. ~DEEDS NOT WORDS~
     
  5. armyflyer7

    armyflyer7 PEB Forum Regular Member

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    Your situation is unique to say the least. From what you have posted, I interpret it this way:

    With your original MEB rating of 0%, you are not authorized any severance pay. Now that you have new orders stating you were retired with 50% TDRL (This is in accordance with 38 CFR part 4.129 and correct), and now 50% PDRL from the Military. With that being said, you SHOULD (DFAS is the final decision authority) receive full retro pay to 2006 at 50%. Since your Chapter 61 is combat related, it is considered tax exempt and therefore will not have anything taken off the top before payment. Your retirement pay will continue at 50% tax exempt unless you request and increase to your disability or the VA does a PTSD update evaluation (these are normally done within 2-5 years after original disability rating).

    Your VA and Chapter 61 are two different entities and both considered disability pay, so you are correct that you receive the higher of the two, but (and there always is a but), you are eligible for Combat Related Special Compensation (CRSC). This is not an automatic entitlement; you have to apply for it and it is based on the number of years you served and you may not receive anything. The VA rated you at 60% and the Chapter 61 is 50%. If you have been getting the VA pay since 2006, you will not have any backpay due to you until you file for CRSC (DFAS again, they make the final decision on CRSC and it is retroactive to an extent). Here is a link to CRSC: http://www.dfas.mil/retiredmilitary/disability/applyforcrsc.html

    I hope this helps you understand MEB, VA, and CRSC.

    James
     
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  6. Blood40

    Blood40 New Member

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    Thanks for the reply James. As part of the SABO lawsuit I was assigned an outside attorney to represent me in the CRSC process. They did all of the digging for me, along with completing and submitting the application. It was just sent off this week, so hopefully I will be getting some good news here in the next month or so. I am estimating a $300 CRSC payment; it doesn't get too high with just 6 years of service. You are correct that there is a retro-payment that I can expect, if approved, that dates back to January 1, 2008. I hear that for Chapter 61 veterans this is the farthest they can go back.

    In your reply you mentioned something that I have been curious about; review of VA rating. I have been out of the Army since 2006, is this even possible? I have been in treatment every month, and nothing seems to be getting any better for me. If I wanted my VA rating to be re-evaluated how would I go about initiating this process? You mentioned the typical re-eval every 2-5 years; I have been out for 6 years. ~DEEDS NOT WORDS~
     
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  7. Orion69

    Orion69 PEB Forum Veteran

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    James,

    I have a similar situation as the guy you talked to about his disability severance being recouped and later it was changed to PDRL as a result of the Sabo PTSD Lawsuit. My particulars are that I was originally medically discharged in July 2007 with a 10% rating for PTSD and given a disability severance of approximately $55k. As a result of the Sabo Lawsuit that was later recharacterized to a Medical Retirement at 70% retroactively. I was also rated at 70% for PTSD by the VA and 100% overall. In the time that it took for the Sabo Lawsuit to be settled, the VA recouped $12,116.00 from my VA Disability Compensation. (I chose to receive VA Disability Comp over retired pay because VA was higher). My medical retirement from the Army was characterized as 100% combat-related as well. I just recently received the results of a full VA audit and they are not going to be paying back the $12,116.00 (from what I can see) even though that money was no longer considered a disability severance because it was re-characterized as medical retirement pay. I also applied for and received CRSC at the 70% rate but my understanding is that shouldn't affect this question: Should I pursue the $12,116.00 from the VA or should I keep my mouth shut and be glad they are not recouping any more from me (They have stopped all recoupment as of Dec 2012, even though my original severance was approximately $55k.) Thanks for any help you can give James!

    Kevin
     

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