CRSC approval letter

JA1979

PEB Forum Regular Member
Registered Member
Hello to all,

CRSC update.

CRSC application submitted December 2018

CRSC denied due to not having a VA Waiver in Lieu of Retired Pay December 2018.

VA Waiver in Lieu of Uploaded to both VA and DFAS January 2019

Submitted Re-Consideration form CRSC February 2019.

Received CRSC approval letter July 2 2019. Effective Date JAN 19 according to Letter.

Question is: I Medically Retired SSG/E6 (16 years).
3 Dependents
DOD: 70% Combat Related.
VA: 100% Total and Permanent.
CRSC approved: 70%

Am I or will I be entitled to both VA Pay at the 100% and CRSC at 70%. Or will my approval of CRSC lower my VA Pay and ratings? Any and all information will be greatly appreciated. Thank you.
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
I answered your questions you sent to me via PM...1640 hrs (Central) was the time.

I will post the reply (again) here:
Moderator
Staff Member
PEB Forum Veteran

Today at 4:40 PM
1. Your VA compensation is separate from CRSC. You continue to receive the same amount of VA comp.

2. Max payout? Depends on how you look at it.

3. VA comp = same amount as you have been receiving.

4. IF you have a regular 20 years AD retirement = CRSC at 70% is the same amount as the 70% rate in the VA compensation tables.

5. IF you have a medical retirement = CRSC is the LESSER of
—dollar amount of the longevity potion of retired pay
OR
—the CRSC percentage amount approved by your service not to exceed the full amount waived/offset.

6. If you want an estimate... Please post your reply [with necessary info]in the open forum. Path for Information Required for CRSC Estimate: see last link on this message (at signature block).
[edited]

Ron
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
CRSC Estimate

If you want an estimate of your CRSC entitlement...

The information associated with all of the six numbered items below is needed. Incomplete answers will preclude an accurate estimate. Each numbered item below is a factor in the CRSC calculation.

1. High three base pay average for retirement or your current DoD disability retirement gross found on page one of the DFAS RAS. The gross retired pay from your DFAS RAS is preferred since it presents a gross high three that include any COLA increases. Please indicate whether you are providing the high three average or the retirement gross found on the DFAS RAS. The high-36 method is the average of the highest 36 months of basic pay divided by 36. This is generally the last 3 years of service and is sometimes called high-3. EXAMPLE: High three average $3333 (or alternative: Gross Retired Pay on DFAS RAS $xxxx.xx)

2. DoD disability retirement percentage. EXAMPLE: 50% DoD

3. Years and months of active duty EXAMPLE: 11 years and 3 months
Note: The creditable years of service (active duty equivalent) for a reserve calculation is determined by the sum of accumulated reserve points divided by 360.

4. VA compensation:
-- percentage
and
--amount
plus
--identify dependents by category and number EXAMPLE: 60% VA Compensation, $1600, Spouse and 6 children under 18
and
---Any SMCs awarded and amount(s)


5. Approved or expected combat related disability percentage (application was required). EXAMPLE: 70% CRSC

6. Do you qualify for another type retirement besides CH 61 disability? EXAMPLE: Yes, Reserve Retirement

Note: All the info listed above is necessary Often, the reply omits much of the needed info, precluding an accurate computation.


Ron
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
In January of 2019, I gave you the following estimate based on your incomplete info:

JA1979,

The following is the best I can do with the incomplete information provided:

High three average is unknown; ~$3841 is the rate for an E6 over 14 years using the 2018 pay charts. This is an imprecise guess at your high three.
$3841 x 70% DoD = ~ $2688 retired pay
VA at 100% = >$3000 results in all retired pay waived
14.25 years AD x 2.5% = 35.63% multiplier
$3841 x 35.63% = ~$1368.55 dollar amount of longevity portion of retired pay.
70% CRSC approval, spouse + 2 children under 18 (guess) = ~$1668
Item 5 is less than item 6 = ~$1368.55 CRSC

In the scenario presented above, you would receive the dollar amount of the longevity portion of retired pay as CRSC = ~$1368.55

Good luck,
Ron
 

Camp P Marine

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
In January of 2019, I gave you the following estimate based on your incomplete info:

JA1979,

The following is the best I can do with the incomplete information provided:

High three average is unknown; ~$3841 is the rate for an E6 over 14 years using the 2018 pay charts. This is an imprecise guess at your high three.
$3841 x 70% DoD = ~ $2688 retired pay
VA at 100% = >$3000 results in all retired pay waived
14.25 years AD x 2.5% = 35.63% multiplier
$3841 x 35.63% = ~$1368.55 dollar amount of longevity portion of retired pay.
70% CRSC approval, spouse + 2 children under 18 (guess) = ~$1668
Item 5 is less than item 6 = ~$1368.55 CRSC

In the scenario presented above, you would receive the dollar amount of the longevity portion of retired pay as CRSC = ~$1368.55

Good luck,
Ron
I have similar numbers to the above, but retired a few years back. I believe my longevity portion of retired pay was $1262. With the recent legislative adjustments (COLAs) would the amount rise to ~$1300 if also 70% CRSC?
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
I have similar numbers to the above, but retired a few years back. I believe my longevity portion of retired pay was $1262. With the recent legislative adjustments (COLAs) would the amount rise to ~$1300 if also 70% CRSC?
As I mentioned in the post you referenced, precise or complete info was never provided by the retiree.

If you want to determine the dollar amount of your longevity portion of your retired pay in today’s dollars:
—Review the most recent RAS on MyPay. Even if all your retired pay is waived, a RAS is produced after each COLA increase. Find Gross Pay.
—Multiply total active duty years x 2.5% = longevity multiplier
—gross retired pay x longevity multiplier = dollar amount of longevity portion of retirement pay
—Your CRSC would be the lesser of:
LONGEVITY PORTION OF RETIREMENT PAY
or
AMOUNT SHOWN IN THE VA COMPENSATION TABLES FOR CRSC PERCENTAGE APPROVED BY SERVICE

There could be other considerations, but the above applies in most CH 61 cases.

Ron
 

JTLChristian42

New Member
Registered Member
CRSC Estimate

If you want an estimate of your CRSC entitlement...

The information associated with all of the six numbered items below is needed. Incomplete answers will preclude an accurate estimate. Each numbered item below is a factor in the CRSC calculation.

1. High three base pay average for retirement or your current DoD disability retirement gross found on page one of the DFAS RAS. The gross retired pay from your DFAS RAS is preferred since it presents a gross high three that include any COLA increases. Please indicate whether you are providing the high three average or the retirement gross found on the DFAS RAS. The high-36 method is the average of the highest 36 months of basic pay divided by 36. This is generally the last 3 years of service and is sometimes called high-3. EXAMPLE: High three average $3333 (or alternative: Gross Retired Pay on DFAS RAS $xxxx.xx)

2. DoD disability retirement percentage. EXAMPLE: 50% DoD

3. Years and months of active duty EXAMPLE: 11 years and 3 months
Note: The creditable years of service (active duty equivalent) for a reserve calculation is determined by the sum of accumulated reserve points divided by 360.

4. VA compensation:
-- percentage
and
--amount
plus
--identify dependents by category and number EXAMPLE: 60% VA Compensation, $1600, Spouse and 6 children under 18
and
---Any SMCs awarded and amount(s)


5. Approved or expected combat related disability percentage (application was required). EXAMPLE: 70% CRSC

6. Do you qualify for another type retirement besides CH 61 disability? EXAMPLE: Yes, Reserve Retirement

Note: All the info listed above is necessary Often, the reply omits much of the needed info, precluding an accurate computation.


Ron
Rob can you help me with a CRSC question?
 

Camp P Marine

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Chapter 61 Disability Retiree Out-Year Deductions. In all cases, once established (based on date the member was first placed on either the Permanent or Temporary Disability Retirement List), the CRSC reduction amount will be increased by each increase in the retired pay cost of living allowance. It will not be recomputed using current pay tables unless the member otherwise qualifies for re-computation of retired pay by reason of recall to duty or correction of official records

p.14 paragraph C
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Certainly and that is one of the reasons I only provide current period estimates.

Good info on your part.

Associated: When computing an estimated CRSC amount, I prefer to receive the amount of the retiree's gross retired pay from his RAS, especially from those who retired several years earlier. That gross includes the original high-three base pay multiplied by subsequent COLA increases.

Note: Within the "hidden" DFAS computation, the retired pay is reduced (waived) by the amount of VA compensation received. The VA compensation rates increase via COLA.

Technically, the "CRSC reduction amount will be increased by each increase in the retired pay cost of living allowance" usually applies when there is residual retired pay for a CH 61 retiree. The combination of residual retired pay (left from the waiver) and CRSC for a CH 61 retiree with <20 years AD cannot exceed the longevity portion of the retired pay.

Ron
 

jstock7894

PEB Forum Regular Member
I'm currently in the process of submitting my packet for CRSC and I've come across the waiver of retirement pay requirement. I was granted my retirement through the ABCMR just last month. The orders were cut in June but effective date of Feb 2012. Since I'm just now eligible for retirement pay, but effective over 7 years ago, shouldn't I date the form with the effective date of my retirement. If they make it effective when I fill it out, say August 1st, that is robbing me of the last six years (the max they go back) of CRSC. I did notice something in Title 38 for the waiver, as well. Copied below, especially the last sentence.


(3) How to file a waiver of military retired pay. A veteran may request a waiver of military retired pay in any written, signed statement, including a VA form, which reflects a desire to waive all or some military retired pay. The statement must be submitted to VA or to the Federal agency that pays the veteran's military retired pay. VA will treat as a waiver an application for VA compensation filed by a veteran who is entitled to military retired pay.
[Edited by Moderator, 29 July 2019: Yes. See my post (no. 15) below. Also, retroactive effective dates are generally applied to CRSC too. RonG]
Based on that, wouldn't filling out the VA compensation application be your waiver of retirement pay? If so, that could be screwing veterans out of retroactive CRSC pay, if they say it's not effective until your waiver document is filed.
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Hello jstock7894,


As you likely know, CRSC replaces waived retired pay (some or all).

No waiver of retired pay; no CRSC.

You mentioned, " I was granted my retirement through the ABCMR just last month. The orders were cut in June but effective date of Feb 2012."

You are correct that the filing of a claim for VA compensation usually includes the option to waive retired pay if one wants to choose it.

You did not mention when your VA compensation was effective. That has a bearing on the effective date for CRSC too.

Corrections by a board such ABCMR often involve complicated adjustments by the VA and DFAS. Many of those "adjustments" cover several years.

Back to your question about waiving retired pay. If you were separated without retirement intially, you did not have an opportunity to waive retired pay at that time. That will be a consideration.

The retired pay for CH 61 retirees is reduced by the amount of VA compensation received. Often the reduction (i.e., waiver) results in zero retired pay. That is where CRSC comes in for some.

Please provide additional details such as VA compensation effective date, percentages, amounts if known. I can use that info to provide more detail (a narrative, not an estimate of amounts).

Also, what is your DoD approval percentage for disability retirement?

Ron

Edited to add:

Assuming you received VA compensation for the entire period...[just found: "VA...for overall 70% effective July 11, 2011."]

If you received VA compensation for the period of the retroactive retired status, the non-payment of retired pay "could" be considered as a waiver when the adjustments mentioned above are completed. That would pave the way for CRSC consideration. My recommendation regarding your CRSC application is to attach/include an explanation of what has occurred in your case (board, etc.) and emphasize your desire to receive VA compensation for the period involved and thus, receive CRSC too. Supporting documents would be necessary as well.
 

Camp P Marine

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I'm currently in the process of submitting my packet for CRSC and I've come across the waiver of retirement pay requirement. I was granted my retirement through the ABCMR just last month. The orders were cut in June but effective date of Feb 2012. Since I'm just now eligible for retirement pay, but effective over 7 years ago, shouldn't I date the form with the effective date of my retirement. If they make it effective when I fill it out, say August 1st, that is robbing me of the last six years (the max they go back) of CRSC. I did notice something in Title 38 for the waiver, as well. Copied below, especially the last sentence.


(3) How to file a waiver of military retired pay. A veteran may request a waiver of military retired pay in any written, signed statement, including a VA form, which reflects a desire to waive all or some military retired pay. The statement must be submitted to VA or to the Federal agency that pays the veteran's military retired pay. VA will treat as a waiver an application for VA compensation filed by a veteran who is entitled to military retired pay.

Based on that, wouldn't filling out the VA compensation application be your waiver of retirement pay? [Edited by Moderator, 29 July 2019: Yes. See my post (no. 15) below. Also, retroactive effective dates are generally applied to CRSC too. RonG] If so, that could be screwing veterans out of retroactive CRSC pay, if they say it's not effective until your waiver document is filed.

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)

The VA compensation application does not waive your retired pay, the above form does.
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member

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)

The VA compensation application does not waive your retired pay, the above form does.
Camp P Marine,

--The retiree elects to waive or not waive retired pay. A form is normally used to make that election. This statement is inaccurate: "The VA compensation application does not waive your retired pay..."

--If the retiree elects to accept VA compensation on APPLICATION FOR DISABILITY COMPENSATION AND RELATED COMPENSATION BENEFITS , he/she will receive VA compensation if awarded.


--Yes, a few applicants use the form you cited. Most of them rejected VA compensation on the APPLICATION FOR DISABILITY COMPENSATION AND RELATED COMPENSATION BENEFITS form. The vast majority of VA compensation recipients who are also retirees use the Veterans Disability Compensation and Related Compensation Benefits form to accept VA compensation. I did as well.

--I am familiar with the form you mentioned as for years I have directed retirees to it when they made a mistake on the VA compensation application form. The VA would often send the form to the retiree upon approval of their VA claim if they did not elect VA compensation on the application. Reason: Why apply for VA compensation and then decline the option to accept it?

--The form you cited is the document that was sent to retirees if they had possibly inadvertently checked a block that resulted in a non-waiver of retired pay...which precluded payment of VA compensation.

--Here is a 2018 version of the VA Compensation application form:

LINK to 2018 version of VA Comp Application Form <----

--See Section VI:

IMPORTANT INFORMATION ON MILITARY RETIRED PAY (Includes all Uniformed Services Retired Pay): Submission of this application constitutes a waiver of military retired pay in an amount equal to VA compensation awarded, if you are entitled to both benefits. Your retired pay may be reduced by the amount of VA compensation awarded. Receipt of the full amount of military retired pay and VA compensation at the same time may result in an overpayment, which maybe subject to collection. If you qualify for concurrent receipt of VA compensation and military retired pay, the waiver of retired pay will not apply. If you do not want to waive any retired pay to receive VA compensation, you should check the box in Item 26. Note that if you check the box in Item 26, you will not receive VA compensation, if granted. If you are currently in receipt of VA compensation and you check the box in Item 26, your VA compensation will be terminated, if you are also eligible for military retired pay.

IMPORTANT: VA COMPENSATION PAY is NON-TAXABLE. THEREFORE, VA COMPENSATION PAY MAY BE THE GREATER BENEFIT.

[box] 26. Do NOT pay me VA compensation. I do NOT want to receive VA compensation in lieu of retired pay. [Recommend NOT checking this box. RonG]

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