corey mccauley
PEB Forum Regular Member
Is it true that the V.A and medically retired personal with less than 20 years in will receive to separate payments , one from V.A and one from D0D instead on the combined rating one...
2014 Possibilty VA & Retired pay
- Thread starter corey mccauley
- Start date
this sounds great for us vets in the same boat and our families, financially speaking. really hope this entails not needing all our conditions to be combat related in a combat zone to get this benefit. anyone else can shed some truth to this statement, greatly appreciated. thanks
Not as of yet. A few Bills were introduced in 2011, but all were sent to sub-committee and never made it to either floor for a vote. Maybe 2012 will be different. Currently, any Chapter 61 Service members with less than 20 years don't rate CRDP, but do rate CRSC.
HR 333
HR 1979
HR 303
HR 186
HR 344
You can track them using GovTrack.us: Tracking the U.S. Congress or THOMAS (Library of Congress)
HR 333
HR 1979
HR 303
HR 186
HR 344
You can track them using GovTrack.us: Tracking the U.S. Congress or THOMAS (Library of Congress)
This is what I found, via Concurrent Retirement and Disability Pay (CRDP) Overview | Military.com
Qualified disabled military retirees will now get paid both their full military retirement pay and their VA disability compensation. This recently passed law phases out (over 9 years) the VA disability offset, which means that military retirees with 20 or more years of service and a 50% (or higher) VA rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation.
To qualify for concurrent receipt you must:
Be a Military Retiree with 20 or more years of service, including:
Chapter 61 Medical Retirees with 20 years or more.
National Guard and Reserve with 20 or more good years. (Once they turn 60 and begin drawing a retirement check)
Temporary Early Retirement Authority (TERA) Retirees may also be eligible.
Have a Service Related VA disability rating of 50% or higher.
So, no.
Qualified disabled military retirees will now get paid both their full military retirement pay and their VA disability compensation. This recently passed law phases out (over 9 years) the VA disability offset, which means that military retirees with 20 or more years of service and a 50% (or higher) VA rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation.
To qualify for concurrent receipt you must:
Be a Military Retiree with 20 or more years of service, including:
Chapter 61 Medical Retirees with 20 years or more.
National Guard and Reserve with 20 or more good years. (Once they turn 60 and begin drawing a retirement check)
Temporary Early Retirement Authority (TERA) Retirees may also be eligible.
Have a Service Related VA disability rating of 50% or higher.
So, no.
If you are placed on TDRL at 30%-50% you will receive 50% of your base pay as retirement while on TDRL. If you are rated between 50% and 100% you receive that percentage of your base pay up to 75%. 75% is max DoD pays. If placed on PDRL you receive that percentage of base pay up to 75%. They use a 36 month average so it's a rough figure, but plan on 50% of base pay if between 30%-50%. Also, if any conditions are combat related you may receive more money.
VA at 70% will pay a set amount. Go to VA website under compensation; it depends on number of dependents and your percentage from them. VA money is non taxed income. DoD income is taxed. With that said if VA pays more you only receive money from VA and all tax free. If DoD pays more they will subtract your VA pay from your DoD pay and only tax the remaining amount. So you would get two checks, one from VA and one from DoD with only DoD money being taxed.
VA at 70% will pay a set amount. Go to VA website under compensation; it depends on number of dependents and your percentage from them. VA money is non taxed income. DoD income is taxed. With that said if VA pays more you only receive money from VA and all tax free. If DoD pays more they will subtract your VA pay from your DoD pay and only tax the remaining amount. So you would get two checks, one from VA and one from DoD with only DoD money being taxed.
You would not be eligible for CRDP unless you had 20 years service. For CRSC you state you were hurt aboard a ship. That does not necessarily make it combat related. DoDI 1332.38 actually uses the hurt aboard example to explain the instrumentality of war definition:
E3.P5.2.2.4. Caused by an instrumentality of war. Incurrence during a period of war is not required. A favorable determination is made if the disability was incurred during any period of service as a result of such diverse causes as wounds caused by a military weapon, accidents involving a military combat vehicle, injury, or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or material. However, there must be a direct causal relationship between the instrumentality of war and the disability. For example, an injury resulting from a Service member falling on the deck of a ship while participating in a sports activity would not normally be considered an injury caused by an instrumentality of war (the ship) since the sports activity and not the ship caused the fall. The exception occurs if the operation of the ship caused the fall.
Mike
E3.P5.2.2.4. Caused by an instrumentality of war. Incurrence during a period of war is not required. A favorable determination is made if the disability was incurred during any period of service as a result of such diverse causes as wounds caused by a military weapon, accidents involving a military combat vehicle, injury, or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or material. However, there must be a direct causal relationship between the instrumentality of war and the disability. For example, an injury resulting from a Service member falling on the deck of a ship while participating in a sports activity would not normally be considered an injury caused by an instrumentality of war (the ship) since the sports activity and not the ship caused the fall. The exception occurs if the operation of the ship caused the fall.
Mike