Hello,
I will try to keep this as short as simple as possible.
I recently received a medical retirement for cancer, which gave me a 100% rating on the permanent disability retirement list. The VA also gave me a 100% disability rating for the cancer, along with a host of other issues (sleep apnea, joint pain, arthritis, etc.). I retired with almost 25 years of service, but my military pension is based at the highest level (75%) instead of time in service (62.5%). All of my conditions are service related; none are combat related.
In my meetings with the DAV, the local VA rep, the Retirement Services Officer (and my research on the internet), I was told that I would receive my full military pension (based on 75%) and VA disability without any offsetting since CRDP had been phased out for all veterans rated 50% or higher. My final day in the military was 21OCT14, and on 1 DEC I received my first pension payment which was for the full amount minus SBP costs and federal income tax withheld. I have not begun receiving VA disability payments, but was told they should start coming in on 1FEB.
Now comes the rub. Last Friday I received my RAS and it contained a new calculation showing a VA waiver for slightly over $1100. When I receive my next pension check on 1 JAN, it will be almost $1000 less than before. I called DFAS today and the rep there told me that whoever told me I would receive both at the full rate was wrong, that no one no matter how high their rating, no retiree could receive both at the full amount. I asked her what law or reg this was based on, and her answer was "That's just the way it is."
I will contact my VA rep as soon as possible, but in a quick search on the internet, I found an obscure posting in a forum that said for those medically retired and receiving VA disability, the combined total of the two pays cannot equal more than what you would receive for your retirement based on time in service instead of disability. I did the math, and that appears to be true as the VA waiver of $1100 reduces my pension from one based on 75% of high three to about 62%.
My questions is, is this true? If so, I will speak to MEB personnel, VA rep and others to let them know about this as none of them mentioned it, and believe me, I questioned them thoroughly so I could figure out my final pay to support myself and my family.
Thank you,
Dale
I will try to keep this as short as simple as possible.
I recently received a medical retirement for cancer, which gave me a 100% rating on the permanent disability retirement list. The VA also gave me a 100% disability rating for the cancer, along with a host of other issues (sleep apnea, joint pain, arthritis, etc.). I retired with almost 25 years of service, but my military pension is based at the highest level (75%) instead of time in service (62.5%). All of my conditions are service related; none are combat related.
In my meetings with the DAV, the local VA rep, the Retirement Services Officer (and my research on the internet), I was told that I would receive my full military pension (based on 75%) and VA disability without any offsetting since CRDP had been phased out for all veterans rated 50% or higher. My final day in the military was 21OCT14, and on 1 DEC I received my first pension payment which was for the full amount minus SBP costs and federal income tax withheld. I have not begun receiving VA disability payments, but was told they should start coming in on 1FEB.
Now comes the rub. Last Friday I received my RAS and it contained a new calculation showing a VA waiver for slightly over $1100. When I receive my next pension check on 1 JAN, it will be almost $1000 less than before. I called DFAS today and the rep there told me that whoever told me I would receive both at the full rate was wrong, that no one no matter how high their rating, no retiree could receive both at the full amount. I asked her what law or reg this was based on, and her answer was "That's just the way it is."
I will contact my VA rep as soon as possible, but in a quick search on the internet, I found an obscure posting in a forum that said for those medically retired and receiving VA disability, the combined total of the two pays cannot equal more than what you would receive for your retirement based on time in service instead of disability. I did the math, and that appears to be true as the VA waiver of $1100 reduces my pension from one based on 75% of high three to about 62%.
My questions is, is this true? If so, I will speak to MEB personnel, VA rep and others to let them know about this as none of them mentioned it, and believe me, I questioned them thoroughly so I could figure out my final pay to support myself and my family.
Thank you,
Dale