100%DOD/100% VA Totals?

bigmac777

PEB Forum Regular Member
Registered Member
Hello, I was recently medically retired as an E-6 at the 20 and 1/2 year mark for kidney disease requiring dialysis. The DOD found me at 100% and the VA at S1, one step above 100%. I'm pretty clear on the VA pay but the Military retirement total is confusing me bigtime. I've read it should be 75% of base pay, then I read 50% and then I read about subtracting this number from that number to get a total. I spoke with the people who's job this is on base and it just seemed like semi educated guesses on their part. Does anyone have any idea what I should expect from my Military retirement for pay?
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
1. Your disability retired pay should be 75% x the average of the highest 36 months of basic pay divided by 36
2. You will waive/lose retired pay dollar for dollar in the amount of VA Compensation received.
3. IF the 20.5 years you mentioned are active duty and you qualify for a regular retirement, CRDP will restore the waived retired pay
not to exceed the dollar amount of the longevity portion of your retirement.
4. IF item 3 applies to your case, any residual retired pay (not likely in your case) would cause the CRDP to be reduced so that the combination of CRDP + residual retired pay would not exceed the dollar amount of the longevity portion of retirement.
5. IF your 20.5 years are “good years” for a reserve retirement, you would not be eligible for CRDP until you met the age requirement for reserve retirement.

Ron
 

bigmac777

PEB Forum Regular Member
Registered Member
1. Your disability retired pay should be 75% x the average of the highest 36 months of basic pay divided by 36
2. You will waive/lose retired pay dollar for dollar in the amount of VA Compensation received.
3. IF the 20.5 years you mentioned are active duty and you qualify for a regular retirement, CRDP will restore the waived retired pay
not to exceed the dollar amount of the longevity portion of your retirement.
4. IF item 3 applies to your case, any residual retired pay (not likely in your case) would cause the CRDP to be reduced so that the combination of CRDP + residual retired pay would not exceed the dollar amount of the longevity portion of retirement.
5. IF your 20.5 years are “good years” for a reserve retirement, you would not be eligible for CRDP until you met the age requirement for reserve retirement.

Ron
Cool, thanks for the quick reply. All time was spent on AD, I was just medically retired on 28 September this year. Thanks again!
 

bigmac777

PEB Forum Regular Member
Registered Member
Cool, thanks for the quick reply. All time was spent on AD, I was just medically retired on 28 September this year. Thanks again!
So, I just received my first retirement payments. My DOD Retirement total was $2565.14, gross was $2870. My VA deposited at $569.59. Remember I was rated as S1 on the VA side. If you add the $2870(DOD gross) plus $569.59 it equals $3439.59, and that is an S1 amount for a member with one child which is me. Is this number correct? It just seems odd because I Served over 20 and if I had retired normally at 50% DOD(normal retirement) I would've collected full VA plus the 50% DOD which would be more than the combined I have. It's about a $1600 difference which is substantial based on a technicality.
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Re: “So, I just received my first retirement payments. My DOD Retirement total was $2565.14, gross was $2870. My VA deposited at $569.59. Remember I was rated as S1 on the VA side. If you add the $2870(DOD gross) plus $569.59 it equals $3439.59, and that is an S1 amount for a member with one child which is me. Is this number correct? It just seems odd because I Served over 20 and if I had retired normally at 50% DOD(normal retirement) I would've collected full VA plus the 50% DOD which would be more than the combined I have. It's about a $1600 difference which is substantial based on a technicality.”
1. SMC-S, one child: $3,439.59
2. Gross retired pay 2870/0.75 = 3826.67 high three ave base pay
3. 20.5 AD x 2.5% = 51.25% multiplier for longevity portion of retirement
4. 3826.67 x 51.25% = 1961.17 dollar amount of longevity portion of retirement
5. Gross retired pay of 2870 is waived due to 3439.59 VA Compensation
6. 2870 gross retired pay minus ~1961 longevity retired pay = 909 disability retired pay that cannot be restored via CRDP
7. Based on the information available here your pay should be:
—VA: $3439.59
—DFAS CRDP: ~$1961.17
TOTAL: $5400.76

Ron
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Did you agree to waive retired pay in order to receive VA compensation? If you did not, that would explain a payment from the VA that is only the difference between the VA compensation and your retired pay (from the VA). This results in the much lower total amount you received than the $5400.76 estimate I gave you.

The VA and DFAS complied with your selection. Fortunately (and if I am correct), you can fix this. Recommend you see a veterans service officer and submit the form linked below:
ELECTION OF COMPENSATION IN LIEU OF RETIRED PAY OR WAIVER OF RETIRED PAY TO SECURE COMPENSATION FROM DEPARTMENT OF VETERANS AFFAIRS
(38 U.S.C. 5304(a)-5305)

https://www.vba.va.gov/pubs/forms/VBA-21-651-ARE.pdf

Ron
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
If necessary, I would complete the form today and of course date it today. It should be expedited to the VA.

You might want to call the VA for more info.

I would FAX it to
Mail to:
DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 4444
JANESVILLE, WI 53547-4444
or Fax to:
TOLL FREE: 844-531-7818


Recommend a cover letter be included.

Ron
 

Broyal

New Member
Registered Member
Hi, did you recieve 100% VA and DOD combined? I'm asking because I'm waiting for my appointment with my peb but was told I got 100 combined DOD and Va. But I thought the max dod was 70%.
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Hi, did you recieve 100% VA and DOD combined? I'm asking because I'm waiting for my appointment with my peb but was told I got 100 combined DOD and Va. But I thought the max dod was 70%.
The ratings for DOD retirement are independent of the VA rating. Each could be 100%, although the max payable by DOD is 75%.

The maximum is 75% DoD. His VA approval was 100% which resulted in SMC-S, a higher rate due to other disabilities.

My inference at this point is that a waiver of retired pay to receive VA compensation was declined by the retiree. Consequently, only the VA comp in excess of the retired pay is received + retired pay.

The decision resulted in substantially less money. A repair is discussed above.

Ron
 

bigmac777

PEB Forum Regular Member
Registered Member
I was never given any option to decline any pay. I was just told I would collect both as I had served over 20 years. I spoke to the VA and she wouldn't tell me the exact amount listed, only that the VA amount differed from the $569 and I would receive a letter within the next week explaining the amount. I told her Oct was my first full retired month and she said I wasn't paid for the entire month only a portion and that and I would see full payment in December. I'll update this thread upon the letters arrival.
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
There is a choice for election of VA compensation on the VA compensation claim form.

It is something like this: “I hereby elect to receive compensation from the Department of Veterans Affairs in lieu of the total amount of retired pay, or waive that portion of my retired pay which is equal in amount to the compensation which may be awarded by the Department of Veterans Affairs.”

There used to be different versions, but they are essentially the same.

Glad to hear this might not be the senario I inferred from the facts available.

CRDP restores waived retired pay for those eligible. Approved CRSC replaces some or all of waived retired pay.

Ron
 

bigmac777

PEB Forum Regular Member
Registered Member
So I received my letter from the VA today. It said I am entitled to the $3439 VA Compensation starting 1 Dec. it said the reason for the $569 for November was basically I may be eligible for CRDP but I can't claim full VA and Mil retirement as explained by Ron. The $569 was the difference between the VA and Mil retirement and equals $3439. So I should expect the $3439 from the VA on 1 Dec and something from Mil retirement close to what Ron outlined above also on 1 Dec It doesn't state that amount in the VA letter, I assume since it is coming from the DOD. I was medically retired at 20 1/2 years at over 100% so CRDP should be a non issue as I fit the criteria eligibility. Thanks Ron for your help!!!
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Glad it more clear now.

Re: " So I should expect the $3439 from the VA on 1 Dec and something from Mil retirement close to what Ron outlined above also on 1 Dec It doesn't state that amount in the VA letter, I assume since it is coming from the DOD. I was medically retired at 20 1/2 years at over 100% so CRDP should be a non issue as I fit the criteria eligibility." The VA pays only the VA compensation ($3439); the DFAS pays retired pay, CRDP, and CRSC (whichever are applicable).

Good luck,
Ron
 
Last edited:

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Thank you for the report. Glad it worked out...

Take care,
Ron
 

Pavetim

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Think I understand this finally too now. But if you can't make your 20 years he would just get $3439.59 total which would be coming from VA?
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Think I understand this finally too now. But if you can't make your 20 years he would just get $3439.59 total which would be coming from VA?
CRDP (Concurrent Retirement Disability Pay} requires among other factors:

1. 20 yr AD retirement
OR
2. TERA retirement
OR
3. Reserve retirement with 20 good years and has met the age requirement for reserve retired pay
OR
4. Disability retiree who also has qualified for items 1 or 3 above. TERA is not applicable to disability retirement.

Ron
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Re: Residual Retired Pay

If the amount of VA compensation is less than the amount of retired pay, the disability retiree gets to keep the retired pay left over from the waiver.

From DFAS:

Eligibility
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.

Under these rules, you may be entitled to CRDP if…
  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.

Combat Related Special Compensation (CRSC) is a program that was created for disability and non-disability military retirees with combat-related disabilities. It is a tax free entitlement that if approved, you will be paid each month.
CRSC info from DFAS: AT THIS LINK <-----


Ron
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top