ARMY Retirement, CRSC, CRDP?

Looking for a good lawyer or rep to possibly hire or look at my specific case. Type of separation: Retirement (less than 20 years) Separation Authority: AR 635-40, CHAP 4 Separation Codee: SEJ

Statute authorizing retirement: 1201

Disability resulted from a combat related injury defined in 26 USC 104: Yes

PEB PROCEEDINGS: The disability did result from a combat-related injury under provisions of 26 USC 104 or 10 USC 10216

Ratings combined IAW VASRD para 4.25 and 4.26 round up to be 60%

VA Rating 100%

My ratings, above info are all done before I left service. I have been told over the years that I should be receiving retirement pay even though I did not complete 20 years. Right now I get VA check monthly. Not sure if this is enough information to help with this question. Any guidance would be appreciated.

 

[Provis]

Looking for a good lawyer or rep to possibly hire or look at my specific case. Type of separation: Retirement (less than 20 years) Separation Authority: AR 635-40, CHAP 4 Separation Codee: SEJ

Statute authorizing retirement: 1201

Disability resulted from a combat related injury defined in 26 USC 104: Yes

PEB PROCEEDINGS: The disability did result from a combat-related injury under provisions of 26 USC 104 or 10 USC 10216

Ratings combined IAW VASRD para 4.25 and 4.26 round up to be 60%

VA Rating 100%

My ratings, above info are all done before I left service. I have been told over the years that I should be receiving retirement pay even though I did not complete 20 years. Right now I get VA check monthly. Not sure if this is enough information to help with this question. Any guidance would be appreciated.

If less than 20 years you don't get anything if your VA compensation is greater than your chapter 61 pension amount. Look into CRSC. You can apply with your branch of service. It is there to help a certain subset of Soldiers who lost out on their earned pension due to the offset. If you have deployed and have certain VA rated health conditions you may qualify for CRSC. CRSC can pay you up to the amount of the value of your earned longevity pension. So the longer you served the higher amount you can get for CRSC. There are many caps but that is the main cap. For example, if you only served 4 years then your earned pension amount is small. 10% of your high 3 for most enlisted might only be $200 to $400 dollars. That's all the Soldier was losing out do to the offset. So they are made whole by that small amount since they would then be getting all of their earned longevity pension and all of their VA disability compensation.