Combat Related Back/Neck Conditions

S

Serving2heal

PEB Forum Regular Member
Registered Member
I currently have over 21 years of active service, so I realize I need at least 60% medical to exceed my longevity of around 52.5%. This biggest advantage I can see with a medical retirement vs longevity is that if any of my the conditions are "Combat Related Conditions".

I already had neck and back issues before and between deployments. During my last deployment, I exacerbated those conditions and was treated in theater. Shortly after returning from deployment, I ruptured the same disk resulting in permanent unilateral extremity radiculopathy and muscle paralysis. Would this be consider a combat related condition or not since it was exacerbated after my return from deployment? Thanks
 
Did you exacerbate the conditions engaging in combat operations? That’s a big distinction from just aggravating the injuries in a combat zone. The circumstances around the injury aggregation will likely determine if they are deemed “combat related.”
 
Serving2heal said:
I currently have over 21 years of active service, so I realize I need at least 60% medical to exceed my longevity of around 52.5%. This biggest advantage I can see with a medical retirement vs longevity is that if any of my the conditions are "Combat Related Conditions".

I already had neck and back issues before and between deployments. During my last deployment, I exacerbated those conditions and was treated in theater. Shortly after returning from deployment, I ruptured the same disk resulting in permanent unilateral extremity radiculopathy and muscle paralysis. Would this be consider a combat related condition or not since it was exacerbated after my return from deployment? Thanks
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Hello @Serving2heal

Re: Exceeding the longevity

You mentioned”I currently have over 21 years of active service, so I realize I need at least 60% medical to exceed my longevity of around 52.5%. This biggest advantage I can see with a medical retirement vs longevity is that if any of my the conditions are "Combat Related Conditions". “

Most or all of this you might already know about your qualification for a regular retirement.

With a disability retirement, your AD time qualifies you for CRDP if you are rated 50% or more by the VA, and agree to waive retired pay dollar for dollar in the amount of VA comp received.

The maximum CRDP will be the longevity portion of retired pay, even if more of your pay is “lost” to the VA offset.
CRDP restores waived longevity retired pay.

If your hypothetical higher disability retired pay results in residual retired pay (retired pay in excess of the VA offset) the combination of residual retired pay and CRDP cannot exceed the longevity portion of retired pay.

Bottom line: You should receive the longevity portion of your retired pay from DFAS plus your full VA comp from the VA.

Ron
cc: @RetiredColonel-MikeT @Provis @chaplaincharlie (aka TCU fan)
 
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If a MEB/PEB determine your unfitting conditions are combat related, your retired pay and CRDP would be tax exempt. VA compensation and CRSC are always tax free.
 
RonG said:
Hello @Serving2heal

Re: Exceeding the longevity

You mentioned”I currently have over 21 years of active service, so I realize I need at least 60% medical to exceed my longevity of around 52.5%. This biggest advantage I can see with a medical retirement vs longevity is that if any of my the conditions are "Combat Related Conditions". “

Most or all of this you might already know about your qualification for a regular retirement.

With a disability retirement, your AD time qualifies you for CRDP if you are rated 50% or more by the VA, and agree to waive retired pay dollar for dollar in the amount of VA comp received.

The maximum CRDP will be the longevity portion of retired pay, even if more of your pay is “lost” to the VA offset.
CRDP restores waived longevity retired pay.

If your hypothetical higher disability retired pay results in residual retired pay (retired pay in excess of the VA offset) the combination of residual retired pay and CRDP cannot exceed the longevity portion of retired pay.

Bottom line: You should receive the longevity portion of your retired pay from DFAS plus your full VA comp from the VA.

Ron
cc: @RetiredColonel-MikeT @Provis @chaplaincharlie (aka TCU fan)
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Thanks Ron!

Just so I understand correctly. I'm assuming my VA will mostly likely be 100% triggering the CRDP. It seems it really doesn't make a difference what my DoD Disability Percentage ends up being, right? I will not make less than 52.5% due to my longevity and no more do to the CRDP.

Longevity with CRDP
$70,000 (52.5%) + 49,000 (VA)= $119,000

DoD Disability with CDRP
$80,000 (60%) + 49,000 (VA)= $129,000 The residual retired pay of $10,000 would then be lost since it exceeds longevity
$93,000 (70%) + 49,000 (VA)= $142,000 The residual retired pay of $23,000 would then be lost since it exceeds longevity

Is this correct? Unless I'm missing something, is there really any benefit in a DoD disability retirement vs just a regular longevity retirement in this case? Especially since you no longer have control of your retirement date.

Thanks
 
Serving2heal said:
Thanks Ron!

Just so I understand correctly. I'm assuming my VA will mostly likely be 100% triggering the CRDP. It seems it really doesn't make a difference what my DoD Disability Percentage ends up being, right? I will not make less than 52.5% due to my longevity and no more do to the CRDP.

Longevity with CRDP
$70,000 (52.5%) + 49,000 (VA)= $119,000

DoD Disability with CDRP
$80,000 (60%) + 49,000 (VA)= $129,000 The residual retired pay of $10,000 would then be lost since it exceeds longevity
$93,000 (70%) + 49,000 (VA)= $142,000 The residual retired pay of $23,000 would then be lost since it exceeds longevity

Is this correct? Unless I'm missing something, is there really any benefit in a DoD disability retirement vs just a regular longevity retirement in this case? Especially since you no longer have control of your retirement date.

Thanks
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Basically when you hit 20 years and have regular retirement and are rated by VA 50% or greater you are maxed on compensation. The only advantage of a chapter 61 medical retirement would be to get tax exempt from federal income taxes. To get that you would need 1 or more conditions to be unfitting and combat related + the total unfitting percentage would need to be 60% or greater. If less than 60% the pay is based on longevity and doesn't qualify for exemption from federal income taxes.
 
Hello @Serving2heal

Reference: “Thanks Ron!

Just so I understand correctly. I'm assuming my VA will mostly likely be 100% triggering the CRDP. It seems it really doesn't make a difference what my DoD Disability Percentage ends up being, right? I will not make less than 52.5% due to my longevity and no more do to the CRDP.

Longevity with CRDP
$70,000 (52.5%) + 49,000 (VA)= $119,000

DoD Disability with CDRP
$80,000 (60%) + 49,000 (VA)= $129,000 The residual retired pay of $10,000 would then be lost since it exceeds longevity
$93,000 (70%) + 49,000 (VA)= $142,000 The residual retired pay of $23,000 would then be lost since it exceeds longevity

Is this correct? Unless I'm missing something, is there really any benefit in a DoD disability retirement vs just a regular longevity retirement in this case? Especially since you no longer have control of your retirement date.”
___

Comments.

DoD residual retired pay is not lost as you put it. It will be paid by DFAS; however, its presence lowers the amount of CRDP (which is retired pay itself) due to the ceiling I discussed earlier. The amount of CRDP included your gross retired pay will be shown on page two of your DFAS RAS.

I can’t comment on the accuracy of your computations because
a. residual retired pay is not lost
b. The computations do not include the basis of parts of the formula (e.g., average high three).

As I said earlier:
The maximum CRDP will be the longevity portion of retired pay, even if more of your pay is “lost” to the VA offset.
CRDP restores waived longevity retired pay.

If your hypothetical higher disability retired pay results in residual retired pay (retired pay in excess of the VA offset) the combination of residual retired pay and CRDP cannot exceed the longevity portion of retired pay.

Bottom line: You should receive the longevity portion of your retired pay from DFAS plus your full VA comp from the VA.

added: The longevity portion you receive might be made up of residual retired pay and CRDP.

I have seen senior officers have so much residual retired pay that CRDP could not be paid due to the ceiling.

I have nothing more to add. Good luck to you and I hope you have a smooth transition.

Ron
 
JMATTK said:
Did you exacerbate the conditions engaging in combat operations? That’s a big distinction from just aggravating the injuries in a combat zone. The circumstances around the injury aggregation will likely determine if they are deemed “combat related.” basket random
Click to expand...

A friend of mine once explained to me
 
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