Hello
@MSG_Raven2-3 ,
For later consideration.
With 20 good years, having a 50% or more VA rating, and when meeting the age requirement for reserve retirement, one is eligible for
Concurrent Military Retired Pay or Military Disability Retired Pay and DVA Disability Compensation (previously known as CRDP).
Entitlement Amount (for Retirees Who Are Entitled to Retired Pay Due to Retirement Under Chapter 61 for Disability):
A military disability retiree with more than 20 years of creditable service for retirement must still waive retired pay in order to receive VA Disability Compensation. The waiver amount is the amount that the military disability retired pay exceeds the amount of military retired pay to which the member would have been entitled to receive if the member had hypothetically been retired under another law (such as the law that permits voluntarily retirement based on longevity/years of service). As a result, the amount of military disability retired pay that a disability retiree may receive concurrently with VA Disability Compensation may be limited. (Disability retirees who retired before December 31, 2013 were also subject to the phase-in described above).
Example: A regular component service member is retired under Chapter 61 for disability in 2020 after completing more than 20 years of creditable service under 10 U.S.C. § 1405. The member is also entitled to VA Disability Compensation based on a service-connected disability that is rated by VA as 50 percent disabling. This member may only receive concurrent military disability retired pay in an amount equal to what the member would have hypothetically received had the member retired for longevity/years of service. Any remaining amount of military disability retired pay is still subject to the waiver requirements of Title 38 United States Code (U.S.C.), sections 5304 and 5305.
Note: For Reserve/Guard members who receive their Notification of Eligibility for Retired Pay at Age 60 (“NOE”) and are later retired under Chapter 61 for disability with immediate retired pay, concurrent retired pay may not be paid until the member reaches the eligibility age that (s)he otherwise would have been required to reach in order to start receiving military retired pay. This is because there is no provision of law under which such a member would be entitled to receive retired pay before eligibility age if the member had not been retired under Chapter 61 for disability.
Reserve/Guard members who are retired under Chapter 61 for disability should contact their Branch of Service to determine their eligibility age and creditable service/points, and to ensure that the Branch of Service is in contact with DFAS so that concurrent retired pay may be started. DFAS must receive the information directly from the Branch of Service. Any recalculation of creditable service/points must be addressed with the Branch of Service.
Example: In 2020, a Reservist/Guard member received their NOE notifying the member that they had completed 20 or more years of service computed under 10 U.S.C. § 12732. The member is later retired for disability under Chapter 61 with immediate retired pay (before reaching eligibility age). The member is also entitled to VA Disability Compensation based on a service-connected disability that is rated by VA as 50 percent disabling. The member is not entitled to be paid concurrent military disability retired pay until the member reaches the eligibility age that (s)he otherwise would have been required to reach before military retired pay would have started. The Branch of Service must inform DFAS of the member’s eligibility age and the service that is creditable to compute the concurrent military disability retired pay. This member may only receive concurrent military disability retired pay after reaching eligibility age and only in an amount equal to what the member would have received at eligibility age if (s)he had not been retired for disability under Chapter 61.
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Ron
