I was previously approved for combat related for a disability back in August but denied another. I have already received the monthly crsc payment for the first one ( still awaiting back pay) . I did a reconsideration request and was recently approved. My question is will I receive back pay for the additional disability that was approved in conjunction with the one that is already being processed?
CRSC Backpay
- Thread starter wduke14
- Start date
It depends on the effective dates AND what your CRSC is based on.
That could be the longevity portion of your retired pay OR the approved CRSC percentage and amount found in the VA comp tables.
Earlier you said: "I am a SSG and have been in the Army for just over 10 years"
If the ten years is all active duty, then your longevity portion of your retired pay would be 10 x 2.5%= 25% and high three x 25%= longevity
If that amount is less than the amount in the VA tables, then it becomes your CRSC and will never be increased other than for COLAs.
Ron
Note: Blended retirement is 2% rather than 2.5%
Ron ,
Thanks for that info , what I was really trying to find out is if I will receive back pay for the other combat related disability. I do have some stats though to help with a calculation.
Traditional system
Medically retired SSG
12 years active duty
100 percent VA
40 percent DOD
40 Percent CRSC
Retired pay before VA waiver: 1464
VA pay : 3746.20
Thanks for that info , what I was really trying to find out is if I will receive back pay for the other combat related disability. I do have some stats though to help with a calculation.
Traditional system
Medically retired SSG
12 years active duty
100 percent VA
40 percent DOD
40 Percent CRSC
Retired pay before VA waiver: 1464
VA pay : 3746.20
Hello, Yes, I understood.
Using the limited info you provided:
1. 1464/40% = 3660 longevity portion of retired pay
2. 12 x 2.5% = 30% (note 2% is used for blended retirement)
3. 3660 x 30% = 1098 longevity portion of retired pay
4. Dependents not mentioned, 40% CRSC just vet = 673.28
5. item 4 is less than item 3 so CRSC based on the info you provided is: 673.28\
Since you did not reach the maximum (the longevity amount), there is room for you to receive a higher rate of CRSC. The effective date will determine if retro CRSC is due.
A couple of the CRSC ceiling are:
--longevity amount
--CRSC percentage amount
You will always receive the lesser.
Ron
Ron
Ron ,
I have a spouse and 2 dependant children, I'm assuming the 40 percent will be based on current VA rates because it is the lesser. And my effective date is Feb 2018. Thanks for your help! And also thanks for all the advice you give on here.
I have a spouse and 2 dependant children, I'm assuming the 40 percent will be based on current VA rates because it is the lesser. And my effective date is Feb 2018. Thanks for your help! And also thanks for all the advice you give on here.
Good luck,
Ron
Are there any cases of backpay not being provided? Please share if you would like. I am getting a bunch of delays regarding my personal back pay and I am trying to understand why.
Hello @simarz2002
If you are referring to Chapter 61 cases where the retiree has been receiving CRSC and then, they receive a higher approved percentage, THOSE cases are common (i.e., no retroactive CRSC).
A couple of the CRSC ceiling are:
--longevity amount (most common for CH 61 retirees with relatively few years of active duty equivalent)
--CRSC percentage amount
You will always receive the lesser.
An individual who is already receiving CRSC at the longevity rate of pay is unlikely to receive back pay for a retroactive higher percentage approved for CRSC.
Here is an example I offered earlier:
Earlier you said: "I am a SSG and have been in the Army for just over 10 years"
If the ten years is all active duty, then your longevity portion of your retired pay would be 10 x 2.5%= 25% and high three x 25%= longevity
If that amount is less than the amount in the VA tables, then it becomes your CRSC and will never be increased other than for COLAs.
Ron
Hey Ron quick question. I was told in a CRSC group on FB that if your CRSC was approved based on presumptive illnesses on the pact act that they will only back pay you until August 2022 when that pact act got approved. Have you heard anything about this? Both of my conditions were presumptive illnesses on the pact act and I think I got approved for CRSC because of that. But on MYPAY it shows my CRSC start date on July 2018 which is when I got awarded through the VA. So I'm not sure if I'll get back pay from July 2018 or when the pact act got approved in august 2022. Any clarification would be greatly appreciated.
Hello,
I will look into that matter later today and post my findings. I have several “presumptively caused” disabilities from Vietnam service. That has nothing to do with your question, just an understanding of the situation.
Ron
Here one piece of info I saw on the VA website:
“We encourage all Veterans and survivors to file for benefits now. We’ll start to process PACT Act-related benefits in January 2023. We must wait for funding approval from Congress and put the needed systems in place before we can process these claims.
If you apply for benefits at any time in the next year and we grant your application, we’ll likely backdate your benefits to the date of the bill signing. This means we’ll pay you the amount you would have received from August 10, 2022, to the date we grant your application.”
You mentioned CRSC which requires a VA combated related disability. Where your disabilities approved before they were consider presumptive? I have a couple that were approved without the presumptive characteristic because they occurred while I was on active duty. All my others came after retirement.
Ron
“We encourage all Veterans and survivors to file for benefits now. We’ll start to process PACT Act-related benefits in January 2023. We must wait for funding approval from Congress and put the needed systems in place before we can process these claims.
If you apply for benefits at any time in the next year and we grant your application, we’ll likely backdate your benefits to the date of the bill signing. This means we’ll pay you the amount you would have received from August 10, 2022, to the date we grant your application.”
You mentioned CRSC which requires a VA combated related disability. Where your disabilities approved before they were consider presumptive? I have a couple that were approved without the presumptive characteristic because they occurred while I was on active duty. All my others came after retirement.
Ron
Yes both of my CRSC conditions were approved by the VA before they were considered presumptive. Both of my CRSC conditions were approved by the VA in July 2018. And on MYPAY it shows my CRSC start date of July 2018.
Hello @dallasfan402
I believe your retro will go back to 2018 if that is the VA effective date.
Opinion: Based on your info, it does not appear the PACT act will impact your CRSC date or payment, since the VA approved your disabilities effective 2018.
From a rater on another site:
”If I'm reading the law correctly it was specifically written to exclude the Nehmer application to a retroactive effective date for the new presumptive conditions with the exception of previously denied DIC claims. I suspect that all future laws in this regard will include language that negates Nehmer. Congress doesn't want that can of worms opened again.
Cruiser”
The “Nehmer Law” allowed for retroactive payments going back many years (Vietnam vets). It did not affect my claims.
Ron
I believe your retro will go back to 2018 if that is the VA effective date.
Opinion: Based on your info, it does not appear the PACT act will impact your CRSC date or payment, since the VA approved your disabilities effective 2018.
From a rater on another site:
”If I'm reading the law correctly it was specifically written to exclude the Nehmer application to a retroactive effective date for the new presumptive conditions with the exception of previously denied DIC claims. I suspect that all future laws in this regard will include language that negates Nehmer. Congress doesn't want that can of worms opened again.
Cruiser”
The “Nehmer Law” allowed for retroactive payments going back many years (Vietnam vets). It did not affect my claims.
Ron
Awesome! As always, thanks for the great info Ron. You provide Veterans a great service, and are a great source of info. And a Happy early Veterans Day to you.
From: New Braunfels
Your case is like one of my old ones. While at the 24th Inf Div in the 1980s, my heart rate was down to 35. It was passed off as a sign of my good health as a marathon runner.
After I retired in 1991, my heart rate dropped to 25 bpm and I was NOT in great physical shape at the time. Had a cardiac pacemaker implanted and my VA claim was approved due to in being it my Army medical records. Later, it became a presumptive.
Ron
Happy VETS DAY to you as well.
Your case is like one of my old ones. While at the 24th Inf Div in the 1980s, my heart rate was down to 35. It was passed off as a sign of my good health as a marathon runner.
After I retired in 1991, my heart rate dropped to 25 bpm and I was NOT in great physical shape at the time. Had a cardiac pacemaker implanted and my VA claim was approved due to in being it my Army medical records. Later, it became a presumptive.
Ron
Happy VETS DAY to you as well.
Thank you Ron for doing this forum, I have been on this page since they did a PEB On me back in '08. Got approved for CRSC in October of this year, but still waiting for the backpay.
I called today, my first payment was in November. and it is still in the que according to the last rep I talked to.
Did you ever receive your backpay?