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.
Yes, you will be able to get CRDP.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.
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~
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
Go to the nearest VA installation and ask what is the CRSC, that's if your PTSD is combat related. Basically it's a separate check that you will receive if you claim that your injuries (PTSD) is combat related. It also can be any injuries that happened during combat and that you have supporting documents to support it like LOD's.I dont know what the CSRC is. Can you collect a retirement check and a VA disability check at the same time?
As far as I know you should be getting both because you have 20 years plus on the army side. Ask your PEBLO, they should be able to answer your questions.armyflyer7,
I’m currently going through a MEB with 20 plus years. I ‘m receiving 40% for medical retirement (combat related) and 100% from VA.
My questions for you is which one should I go with, the Medical retirement or the longevity retirement?
If I go with the medical, will my monthly payments increases over the years like my regular retirement would?
This whole process is very frustrating.
v/r,
MSCOTTY72