CRDP

M

monkey44

PEB Forum Regular Member
Registered Member
As posted earlier, the Chapt 61 - less than 20 yrs, service-connected but w/no combat-related seems to be the only category denied concurrent retirement. :mad:

Does anyone know if there is any current legislation or addendums that will address the waiver of retired pay for Chapt 61 DAVs ... particularly the DVA-IU ratings.

One of the conditions of the IU rating is you can't work or you lose it -- so, it seems like a double whammy -- you get waived on retirement, and if you work even a little (you can actually earn a few thousand without penalty, but not much) then the DVA payment gets reduced -- often more than you can earn. The difference between 90% rating and 100% IU is not just ten percent, it's more like 40% of the actual dollars.
 
CRDP (NDAA 2008)

In the National Defense Authorization Act for Fiscal Year 2008 this should have been corrected this year, so people under 20 years of service can recieve this. Please someone correct me if I am wrong.


Subtitle D: Retired Pay and Survivor Benefits - (Sec. 641) Expands eligibility for combat-related special compensation to include all servicemembers eligible for retirement pay who have a combat-related disability, including those retired or separated, or transferred to a temporary disability retired list, due to physical disability. Reduces such compensation amount with respect to retirees with fewer than 20 years of retirement-creditable service.

Search Results - THOMAS (Library of Congress)&
 
That is for Combat-related special compensation, it does not help those who are disabled for non-combat related injuries.
 
The only possible chance of help is to get HR 333 Disabled Veterans Tax Termination Act reactivated in the coming Congressional session and passed.

The bill has been on hold in committee since Feb 07 and will die on Jan 3 if not resurected.

Congressman Jim Marshall is the originator.
 
Jason,
Do I qualify for CRDP?
As a reservist, my chronological statement of retirement points indicates that I have 24 qualifying years for retirement. The 24 qualifying years is a result of active duty, inactive duty, and extension courses and memberships points. I have received the 20 year letter which would enable me to retire at age 60 under normal circumstances. I first entered the service in 1976 and I am still waiting for the VA rating. I expect it will be 100%.
However, at age 50, the army has been given me a permanent physical disability retirement. My retirement orders state my disability is 80% combat related. The orders also state:
Disability retirement: 13 years, 6 months, 19 days.
Section 1405: 15 years, 8 months, 16 days.
Base pay: 31 years 9 months, 26 days.
My unit is telling me I qualify for CRSC but I do not qualify for CRDP because I do not have 20 years of active duty and I am not age 60. However, I think I qualify for CRDP because I am getting a disability retirement regardless if I have not reached age 60 and I am a reservist on active duty with a 20 year letter. Also should my 24 qualifying retirement years from my retirement point statement be stated on my orders under section 1405? The orders now state Section 1405: 15 years, 8 months, 16 days.
Frank
 
Disability retirement: 13 years, 6 months, 19 days.
Click to expand...
[FONT=&quot]
CRDP Eligibility:[/FONT]
[FONT=&quot]--Retirees with VA disability ratings from 50% to 100% are eligible for concurrent retired disability payment (CRDP). These payments will be phased in over 10 years, beginning January 1, 2004. As of January 1, 2014 these disabled retirees will receive their entire retired pay and their full VA compensation.[/FONT]
[FONT=&quot]--The only retirees not eligible for CRDP are those retirees who retired for medical reasons (under chapter 61 of USC 10) with less than 20 years of service.


[/FONT]
 
20 years of retirement credible service right? as stated under section 1405?
 
The only retirees not eligible for CRDP are those retirees who retired for medical reasons (under chapter 61 of USC 10) with less than 20 years of service.
Click to expand...
You know Frank, if you read the above you retired medically but you have 20 years of service.

This passage is confusing to me. You may be correct that at age 60 you should be eligible for CRDP. Contact the folks at CRSC and ask them, they should be able to guide you to your answer. Lets us know if they answered your question.
 
Reservists with 20 years or more of creditable service for a reserve retirement qualify for CRDP at age 60.

In most cases CRSC will be more advantageous (it is tax-free).
 
I was recently medically retired from the Marine Corps at 15 yrs active duty (not combat-related). The PEB rated me at 40%. I am currently being evaluated by the DVA for C&P. If I am rated at 50% by the DVA, will I rate additional compensation?

TRose10000
 
trose10000,

Welcome! Your benefits will be subject to offset. However, in some cases, the DVA benefits may exceed the DoD compensation. You would need to compare you current DoD compensation against what the 50% VA rate pays (taking into account your dependency situation).
 
You must log in or register to reply here.
Top