Chapter 61 CRSC Computation--Zero CRSC

Ron91

Registered Member
#1
For the attention of Mike Parker, if he has time to review this.

Request confirmation the following figures are correct. I believe this is a case (on and after 1 January 2013) where no CRSC is payable. I believe the significant factors to be: the DoD disability payment ($4584) is much more than either the LOS or CRSC aspects of the case.

Information used:
VA: 90% (wife and 3 children under 18)
DoD disability: 70%
CRSC: 80%
LOS: 17 yr 8 mo
High three: $6548.10
Dod Disability pmt at 70%: $4583.67
The entitlement ON AND AFTER 1 January 2013:
The veteran should be getting (from the VA and DoD) an amount equal to his total VA ($2,073) and the lesser of these two amounts:

The LOS amount ($2892.95) (LOS calculation (Retirement base $6548.10 x 44.18% (17 yr 8 mo x 2.5%) = $2892.95)

or

The VA compensation for Combat related disabilities based on 80% CRSC Rating= $1844

In this case, the CRSC is the lesser amount.

The total VA/DoD compensation should be $2,073 (Total VA) + $1844 (CRSC amount) = $3917
He receives $4584 from DoD in disability retirement (of which $2073 is offset by VA)=
$2511 net

$3917 minus $4584=zero CRSC Amount

SUMMARY: The payments by type should be --
$2,073 from the VA,
$2511 for disability retirement
$0.0 for CRSC
TOTAL: $4584
---------------
Thank you,
Ron
 

Ron91

Registered Member
#2
This is an addendum to my post above. It seems that the formula in computing the CRSC would include the following:

Dod Disability Retirement: $4584 (rounded) minus $2073 VA disability comp = $2511 DoD Ret Remaining
Amount for LOS retirement: $2893 (rounded) minus $2511 DoD ret remaining = $382 CRSC
The $382 is less than the max CRSC for the applicable CR disabilities ($1844) and of course, the LOS of $2893

Special Rules for Chapter 61 Disability Retirees: According to law, members retired for disability under Chapter 61 of title 10 United States Code must have the CRSC entitlement limited to an amount that when combined with any military retired pay remaining after offset for VA disability compensation will not exceed the retired pay they would otherwise be entitled to for retirement computed for years of service (i.e., 2 1/2 percent x years of service x pay base).

Ron
 

nwlivewire

PEB Forum Veteran
#3
This is an addendum to my post above. It seems that the formula in computing the CRSC would include the following:

Dod Disability Retirement: $4584 (rounded) minus $2073 VA disability comp = $2511 DoD Ret Remaining
Amount for LOS retirement: $2893 (rounded) minus $2511 DoD ret remaining = $382 CRSC
The $382 is less than the max CRSC for the applicable CR disabilities ($1844) and of course, the LOS of $2893

Special Rules for Chapter 61 Disability Retirees: According to law, members retired for disability under Chapter 61 of title 10 United States Code must have the CRSC entitlement limited to an amount that when combined with any military retired pay remaining after offset for VA disability compensation will not exceed the retired pay they would otherwise be entitled to for retirement computed for years of service (i.e., 2 1/2 percent x years of service x pay base).

Ron

POST 9/11 HOUSE has a current and verifiable CRSC EXCEL calculator.

PM him and he can send it to you.

It IS accurate as of JUN, 2013 and it DOES factor in the new changes in CRSC as of this past JAN 2013.

V/r,
nwlivewire
 

Ron91

Registered Member
#4
This is an addendum to my post above. It seems that the formula in computing the CRSC would include the following:

Dod Disability Retirement: $4584 (rounded) minus $2073 VA disability comp = $2511 DoD Ret Remaining
Amount for LOS retirement: $2893 (rounded) minus $2511 DoD ret remaining = $382 CRSC
The $382 is less than the max CRSC for the applicable CR disabilities ($1844) and of course, the LOS of $2893

Special Rules for Chapter 61 Disability Retirees: According to law, members retired for disability under Chapter 61 of title 10 United States Code must have the CRSC entitlement limited to an amount that when combined with any military retired pay remaining after offset for VA disability compensation will not exceed the retired pay they would otherwise be entitled to for retirement computed for years of service (i.e., 2 1/2 percent x years of service x pay base).

Note: The 2013 Law also has an amendment as follows--
current through 5/30/2013
Amendments2013-Subsec. (b)(3). Pub. L. 112-239 substituted "may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed" for [the original wording] "shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds" in subpars. (A) and (B).

Ron
 

maparker

Staff Member
PEB Forum Veteran
Registered Member
#5
His VA comp for combat related conditions is $1,844 (80% VA)
Subtract from that, the amount his DoD disability retirement exceeds the LOS amount ($4,584-$2,893 =$1,691)

$1,844 - $1,691 = $153 CRSC Amount

He should get from DoD and VA an amount equal to his VA comp for combat related ($1,844) and his LOS ($2,893)
$1,844 + $2,893 = $4,737

He gets $2,073 from the VA (90% total rating)
He get $2,511 in DoD disability retirement ($4,584 DoD pay - $2,073 VA comp offset)
He gets $153 in CRSC

$2,073 + $2,511 + $153 = $4,737

Mike
 

johnc10thMtn

Registered Member
#7
Sorry Mr. Parker but I am very new to the board... how do chpt61 people who are VA rated 100%,UI,AA... then CRSC rated at 70%... I have been receiving VA since 2007, and for about 4 months received somehow retired pay, then it stopped and was left holding well you get it... any ideas on the new rules etc.?
 

johnc10thMtn

Registered Member
#10
just got a call on Friday saying for the past 5 years I have been on TDRL? can I have been on TDRL, while also approved for CRSC, and Chpt 61'd? im so lost right now... and if I was on TDRL, should I have been receiving any pay? anyone with any insight would be great


VA: 100% IU/PT as of May 2010
CRSC: 70%
DOD: Unsure

Receiving VA at $2900 and change and CRSC at $143

thanks,
John C.
 

ranger2992

PEB Forum Veteran
#11
just got a call on Friday saying for the past 5 years I have been on TDRL? can I have been on TDRL, while also approved for CRSC, and Chpt 61'd? im so lost right now... and if I was on TDRL, should I have been receiving any pay? anyone with any insight would be great

VA: 100% IU/PT as of May 2010
CRSC: 70%
DOD: Unsure

Receiving VA at $2900 and change and CRSC at $143

thanks,
John C.
How many years of service did you have? What was your high three amount used
 

lostinfantryman

PEB Forum Veteran
Registered Member
#13
Ok, I got my approved CRSC letter today. Can one one help me with the numbers because I know the 1000 plus number I'm getting from the dfas calculator can't be right.

VA 100% plus SMC= 3393.16 (spouse 3 children)
DOD 70% = 2538.0
LOS-14 years 3 days
High 3- 3627.00
CSRC 50%- ?????
 

scoutCC

PEB Forum Veteran
Registered Member
#14
3627 * 50% = 1813.5 - retired pay for CRSC disability
14 * 2.5% = 35% * 3627 = 1269.45 - retired pay for LOS
VA rate @ 50% = 1039.37 - VA pay for CRSC disability

Lowest of those calculations. So 1039.37

I think that's right based on my reading of FMR volume 7B chapter 63.
 

Warrior644

PEB Forum Veteran
Registered Member
#15
Ok, I got my approved CRSC letter today. Can one one help me with the numbers because I know the 1000 plus number I'm getting from the dfas calculator can't be right.

VA 100% plus SMC= 3393.16 (spouse 3 children)
DOD 70% = 2538.0
LOS-14 years 3 days
High 3- 3627.00
CSRC 50%- ?????
Nonetheless, congratulations indeed to your recently approved CRSC award! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

lostinfantryman

PEB Forum Veteran
Registered Member
#16
Thanks scoutcc that's about what the dfas calculator says I should receive.

Thanks Warrior644, this makes the ssdi dis approval hurt a lot less worse.
 

Warrior644

PEB Forum Veteran
Registered Member
#17
Thanks scoutcc that's about what the dfas calculator says I should receive.

Thanks Warrior644, this makes the ssdi dis approval hurt a lot less worse.
You are welcome; indeed, at least that's pleasing to hear at this point! :) Take care and enjoy life! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!