CRSC for MED Boarded out Marines

wsegovia

PEB Forum Regular Member
Registered Member
I’m trying to find out a few questions.
I’ll explain my situation then I’ll ask my questions.
I was in the Corps 13 yrs before I got med boarded out. I was told to file for CRSC during my med board but I dropped the ball on that. I was rated 100% by the VA and 70% by DOD.
All my injuries were combat related. I am now 100% P&T.
I was pushed out in August of 2013. I have two kids and a fiancé.
So these are my questions.
1. Am I eligible for CRSC
2. If I apply now will it be back dated any
3. If approved how much would I get
4. Roughly how long does it take for it to kick in once approved
 

RonG

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. I was rated 100% by the VA and 70% by DOD.
All my injuries were combat related. I am now 100% P&T.
I was pushed out in August of 2013. I have two kids and a fiancé.
So these are my questions.
1. Am I eligible for CRSC
2. If I apply now will it be back dated any
3. If approved how much would I get
4. Roughly how long does it take for it to kick in once approved
Hello,

Answers:

1. Yes, it appears you are administratively qualified; approval is by your service.
2. Probably. There is a six-year barring statute (limitation) for retroactive payments however.
3. Provide answers to all the elements shown in my signature block and an estimate will be provided.
4. It varies. The USMC/Navy processes applications much faster than the Army (example). Upon approval, you should see your first payment within 60 days (it varies). Retroactive payment will be after an audit, which could take 2-3 months.

To view a collection of CRSC info, go to this LINK <----

Ron
 

wsegovia

PEB Forum Regular Member
Registered Member
Ron

I don’t see “the elements shown in my signature block” that you mention.
 

RonG

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Ron

I don’t see “the elements shown in my signature block” that you mention.
Information necessary for CRSC estimate:
—High three average base pay OR the gross retired pay on DFAS RAS (which is preferred)
—DoD disability percentage
—Active duty years OR active duty equivalent years for those with reserve time (total points divided by 360)
—VA compensation percentage; amount; and dependents (category, number, and ages of children)
—Approved CRSC percentage
—Other type military retirement eligibility info. Also indicate if you transitioned to the Blended Retirement System.


Note: Will check back later today.
 

wsegovia

PEB Forum Regular Member
Registered Member
-High 3= $3246
-13 years
-DOD 70%
-VA 100% 2 dependents
-haven’t applied CRSC yet
 

RonG

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-High 3= $3246
-13 years
-DOD 70%
-VA 100% 2 dependents
-haven’t applied CRSC yet
Hello,

Current CRSC.

1. High three 3246 x 0.70 = 2272.20 retired pay (reduced to zero by amount of VA compensation...you did not provide amount; category, number, and ages of children)
2. 13 years assumed to be active duty x 0.025 =32.50% longevity multiplier
3. 3246 x 0.325 = 1054.95 longevity portion of retired pay and CRDC ceiling
4. Your CRSC will be the lesser of
a. 1054.95 (based on info you provided)
OR
b. the amount shown in the VA compensation tables that is associated with the eventual CRSC approval percentage and number/type dependents.
See this LINK for VA comp tables <---

Retro CRSC would be computed using the rates in effect at the time.

Ron
 

GigWire

New Member
Registered Member
Hello Mr. RonG,

1. Is VA disability & CRSC coming out of the same funding bucket?
2. Will the VA withhold funds from VA disability to ensure you are not double dipping when CRSC is in the process of being awarded? (will a Veteran receive a debt if paid CRSC along with VA disability)

Thank you -- Sorry to intrude wsegovia on your post; I hope that question helps you out as well.

Kindly,
GigWire
 

RonG

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Hello Mr. RonG,

1. Is VA disability & CRSC coming out of the same funding bucket?
2. Will the VA withhold funds from VA disability to ensure you are not double dipping when CRSC is in the process of being awarded? (will a Veteran receive a debt if paid CRSC along with VA disability)

Thank you -- Sorry to intrude wsegovia on your post; I hope that question helps you out as well.

Kindly,
GigWire
Hello,

This remark indicates you have a misconception regarding CRSC: "...will a Veteran receive a debt if paid CRSC along with VA disability?"
CRSC could not be paid unless the retiree IS receiving VA compensation. Example: I receive $3000+ for VA compensation and $2800+ for CRSC and have for years.
Approved CRSC replaces some or all of waived/reduced/offset military retired pay for combat related disabilities. See item 2 below.
Also see this collection of CRSC information LINK <---

1. VA compensation and CRSC are NOT from the same funding. CRSC payments are paid from the Department of Defense Military Retirement Fund.
The Department of Veterans Affairs receives separate funding from Congress.

2. Military retired pay is reduced dollar for dollar in the amount of VA compensation received, (unless they are eligible for CRDP). VA compensation would be in place before a retiree could apply for CRSC. CRSC is different from CRDP in that it is a non-taxable special compensation, among other factors. CRSC replaces retired pay that has been waived/offset.

3. Upon approval of CRSC, the DFAS performs an audit to determine how much retroactive CRSC is due (if any) and VA payments are reviewed at the same time with data provided by the VA electronically. The VA receives a copy of that audit.

4. Withholding of VA compensation: Often, retirees received a retroactive award of VA compensation. The award letter will include info such as Rate; Effective Date; Amount Paid; Amount Withheld. The amount withheld is the potential retroactive VA compensation pending an audit by DFAS.

Ron

Path for New threads: Information at this LINK <----
Comparison of CRDP and CRSC just for info at this LINK <---
 

wsegovia

PEB Forum Regular Member
Registered Member
Ron

Quick question for you. When I was med boarded out I was 70% DOD and 100% VA. After 5 years the did a re-evaluation of my status and then they dropped me to under 30% which then I was discharged and given severance pay. Since they dropped me under 30% does that mean I don’t qualify for CRSC? Can I get pay for the 5 years I was still on the TRDL?
 

RonG

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Re:

1. "Since they dropped me under 30% does that mean I don’t qualify for CRSC?' Yes, one has to be in a retired status...you don't qualify once your rating went below 30%.

2. '"Can I get pay for the 5 years I was still on the TRDL? " I don't see why not, although since you are no longer retired and do not have a retiree account, this might end up as a claim against the U. S. government. Your first step would be to file an application to your service. I would include an explanation since this is an unusual case.

3. Was your retired pay reduced by the amount of the VA compensation received? If not...no CRSC entitlement.

4. I suppose this has happened previously, but it is a first for me. Don't be surprised if you have to file a claim to the U.S. government on this matter.

5. There is a six-year barring law. A retroactive payment of CRSC cannot exceed six years retro from after claim accrues.

6. The Barring Act, at 31 U.S.C. 3702(b), specifies claims against the United States must be presented to the appropriate official or agency within six years after the claim accrues. ... Unless an individual submits a claim to the appropriate agency before the 6-year period elapses, the claim on the obligation is barred.

Ron
 

wsegovia

PEB Forum Regular Member
Registered Member
Ron

1. When you say file a claim With the government, how and who do I file with specifically? You said with my service but what department? I’m sure if I call around no one will be able to tell me who I need to file with.

2. I’ll definitely explain the entire situation.

3. I have only received the VA compensation pay (100%) ever. They never reduced anything.

4.There is six year maximum claim status and this year starts the seventh year. So I’m requesting for back pay from 2013 to 2019?
 

RonG

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Ron

1. When you say file a claim With the government, how and who do I file with specifically? You said with my service but what department? I’m sure if I call around no one will be able to tell me who I need to file with.

2. I’ll definitely explain the entire situation.

3. I have only received the VA compensation pay (100%) ever. They never reduced anything.

4.There is six year maximum claim status and this year starts the seventh year. So I’m requesting for back pay from 2013 to 2019?
A. Your first step is to file an application (not claim) with the CRSC board for your service. CRSC info and links to service CRSC boards are included at
Collection of CRSC info <--LINK

B. Upon approval of the CRSC by your service, you should eventually receive info on what to do next. That info might come from the CRSC board or DFAS. This might involve a claim.

C. The amount of VA compensation reduced your retired pay. Yes, your retired pay was reduced based on the info you have provided. You had a DoD rating of 30% or more and you received VA compensation.

D. Your request for CRSC is for the period you were on the TDRL. I told you about the barring law because if six years have elapsed, your entitlement to back pay is questionable.

E. Where to file a claim, if necessary? I have no idea; I have never done one. Your case is rare in my opinion. I could research the matter, but a local JAG office should have an immediate answer. I would wait because it has yet to be determined how your CRSC board and DFAS handle this matter. It is possible a claim will not be necessary, although I think it is possible. See post 13 for claim info.

Summary:
--File CRSC application with service
--Either their reply or a letter from DFAS will likely indicate what comes next
--Seek the advice of a local JAG if a claim is necessary

Finally, little of what we have discussed about claims will be easily found elsewhere...it is conjecture on my part.

Ron
 
Last edited:

RonG

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@wsegovia

Claims

If you've been out of the military MORE than a year
How to file a claim
If you served in the Air Force, Army, Navy, or Marine Corps more than a year ago and believe they owe you money, use DD Form 827 to submit your claim. The burden is on you to establish the liability of the United States. Make sure that your claim is legible and includes:

  • What is being claimed
  • Reasons why you feel the government owes you
  • All documentation of evidence to prove your claim
  • Amount you believe you are owed
  • Your full social security number
  • Branch of service
  • Date of separation
  • Current address
  • Current phone number
  • Handwritten signature
If your claim is missing information, your payment will be delayed.

Claims must be received within 6 years of the date the claim accrued. Normal processing time for claims is 60 days from the date we receive it.

If you've already submitted a claim and want to check the status, please call our inquiry line at 317-212-6167 between the hours of 8:30 a.m. and 3:30 p.m. eastern standard time.

Comment:

In my opinion, the application for CRSC should first be submitted to your CRSC board.

Ron
 

wsegovia

PEB Forum Regular Member
Registered Member
Thank you so much
You have helped me more then anyone in the government ever has.
Is it ok if I reach out to you with any other questions that may come up?
 

RonG

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Yes...certainly.

I am sorry I have been less than precise in some of these areas today, but I have never seen a case such as yours (no longer receiving retired pay, etc.).

I think many will benefit from your experience...please continue to post.

Ron
 

RonG

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Staff Member
PEB Forum Veteran
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This, "Claims must be received within 6 years of the date the claim accrued. Normal processing time for claims is 60 days from the date we receive it." could be interpreted to mean from the date of CRSC approval. That would benefit you.

Hope it turns out that way.

Ron
 

wsegovia

PEB Forum Regular Member
Registered Member
I’ll start the application today and hopefully submit it tomorrow. Definitely keep posting.
 

RonG

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I’ll start the application today and hopefully submit it tomorrow. Definitely keep posting.
I don't remember your branch of service, but I recommend you review the Army's CRSC site in addition to any other. It is not necessarily better, but it is more extensive in my opinion.

The application form of course, is not the claim forum I cited earlier today. The application can be downloaded from the CRSC site.

Good luck,

Ron
 
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