Medical Retirement: Are you entitled to both VA benefits and military retirement?

Meg H.

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I am being medically retired after 9 years of service with a 60% DOD/80% VA disability ratings. I have been told that I am not entitled to the concurrent pay ( both VA and military retirement). My MSC was unsure as well. My DoD retirement is higher than my VA pay. Thus, I chose to “not recieve VA benefits pay in lieu of military retired pay”. My official date of retirement is not until December. I am having issues finding the “for sure” answers. Do medically retired service members get both VA and DOD retirement concurrently?
 
I am being medically retired after 9 years of service with a 60% DOD/80% VA disability ratings. I have been told that I am not entitled to the concurrent pay ( both VA and military retirement). My MSC was unsure as well. My DoD retirement is higher than my VA pay. Thus, I chose to “not recieve VA benefits pay in lieu of military retired pay”. My official date of retirement is not until December. I am having issues finding the “for sure” answers. Do medically retired service members get both VA and DOD retirement concurrently?
Meg,

You have made a mistake in my opinion. I have never seen one case where one benefits more by declining VA Compensation.

Here are some “for sure” remarks.

By accepting VA compensation, you agree to waive retirement pay in the amount of VA compensation received.

In your case, you would have retired pay left over from the waiver plus you would receive VA compensation.

Your selection now results in: retired pay but zero VA compensation.

You can change your selection.

If you have combat related disabilities, you could be eligible for CRSC. See CRSC LINK <<—-
One of the eligibility requirements is the waiver of retired pay in the amount of VA compensation received.

You are not eligible for Concurrent Retirement and Disability Pay (CRDP) which is different from CRSC. See CRDP LINK <—-

EXAMPLE of residual retired pay and VA compensation:
VA comp = 2000
DoD disability retired pay = 2700
Reduction/waiver: 2700 minus 2000 = 700 residual retired pay
Amounts received each month:
VA = 2000
DOD = 700

VA Compensation is non taxable.

Ron
 
Along those lines, are VA disability ratings floating? As an example, could the amount that is tax-free fluctuate over the rest of life due to changes in law, health, etch which would float that number? You think there is no reason to ever deny the VA benefits with medical retirement?
 
Along those lines, are VA disability ratings floating? As an example, could the amount that is tax-free fluctuate over the rest of life due to changes in law, health, etch which would float that number? You think there is no reason to ever deny the VA benefits with medical retirement?
I think your scenarios are unlikely; however, almost anything is possible.

I cannot predict the future. If I could, I would invest all my retired pay in lottery tickets.

If VA compensation rates were reduced, that would result in a lesser amount of the reduction of retired pay (if one has chosen to receive VA compensation).

Acceptance of VA compensation does not always cause the total reduction/loss/waiver of retired pay.

Before the advent of CRDP and CRSC, I had a 20% VA rating that for discussion purposes, was $200. My regular retired pay at the time (guess 2500) was reduced by 200.
(2500-200) = 2300 residual retired pay then. The same applies to CH 61 retirees.

Regards,
Ron
 
Are you PDRL out the gate or TDRL? Yes the VA rate can go up or down it depends on each person in the end the VA rate usually comes out higher especially if you need an increase in the future and add dependents. The VA doesn't deny they just reduce the percentage if you are getting better.
 
I would add to @RonG 's comments that VA benefits are non taxable so you also turned in tax free VA dollars, for taxable DoD dollars. If your DoD amount is higher than VA, as RonG said you can get your residual DoD dollars and you full VA.
 
Current law protects your VA rating. On my phone so I cannot cite the CFR. Example given, there is much talk about changing the rating schedule for OSA. If it does happen, current ratings are protected.
 
Current law protects your VA rating. On my phone so I cannot cite the CFR. Example given, there is much talk about changing the rating schedule for OSA. If it does happen, current ratings are protected.

OSA should either stay the same or be higher on the pay scale since it is a life-threatening condition.
 
Just finished reading this thread, a lot of good information about CRSC and CRDP I wasn't aware of. Thanks RonG.
 
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