I got approved December 10th got my first payment February 1st respectfully. My Second crsc statement has posted but still no sign of retro. I called dfas this past week and the representative told me to call back Thursday to check so we shall see! Also my monthly is $151 and the simple calculation of 6years x151 gives me around $10,870 or so. Which would put me over on the Soto case or is it based off of the 2 previous years they would owe? I called them left a voice message and emailed. They responded by asking me if I received a letter from DFAS and I said no, and they have not replied to a single call or email. Really dont know what's up with that.
CRSC Timeline
- Thread starter 10th18F
- Start date
There are a couple of possible scenarios your retroactive CRSC. The info you provided does not allow one to precisely identify the formula for your CRSC. One would be the CRSC percentage approved by your service and the amount would be based on the VA comp percentage that mirrors the CRSC percentage. More likely, you are receiving the longevity portion of your retired pay. Note: I just looked at your previous posts and found my “more likely” is accurate.
Your simple computation will not work because of COLA increases in most years. That is one of the reasons I do not compute retro CRSC. Your CRSC would use the applicable high three in the formula for the period involved. In other words, your CRSC will be less than $151 for earlier years.
I was in one of the first groups that received CRSC long ago (18 plus years ago if I remember correctly). The implementation of the new law was challenging for DFAS and other entities. The Soto Case is less complex in my opinion. However, the “decision “ was made only ~two months ago.
My guess for payment of Soto related CRSC? Not earlier than six months from the date of implementation.
Just a guess..
Ron
Yes it is the longevity portion of my retirement. See that's where the Soto case has interesting wording is its for less than $10,000. I was aware from other posts that my overall back pay could be less due to previous years of Cola. My questions for NVSLP kind of revolved around that. I got out in September 203 and my retro is going back to December 2015. I will probably try to reach out to them again once my backpay actually hits. I don't know if it's for $10,000 overall or $10,000 is subject to your time prior to what dfas will issue
Reference: "The court ordered that the government must pay all former service members whose amount of CRSC payment was limited by the government’s application of the Barring Act, and who are owed less than $10,000."--NVSLP
My interpretation is that if the retiree had already received $4000 in retroactive CRSC entitlement, the maximum that could be paid under the $10,000 limit is $6000.
Full disclosure: I am not an attorney.
Ron
Well, I just crossed the threshold Ron! Have a crsc statement for my backpay. Thanks for all the help. This would deny me from the Soto case. The cost of living as you stated only made a negative impact of -$700 so happy with that. Here's to hoping it shows up in the next day or two so I can order some 763x39 before it all disappears Thanks again
This is really a very interesting conversation. I am not an attorney either but looking at the math of all of this it does not make much sense to me. If a service member has a Combat related disability for a 6 year period (Which is needed for the 6 year look back) the only ones that would fall under the $10,000 would be someone who was only 10% disabled during the 6 years. If they were 20% or more it would surely exceed the $10,000, please correct me if i am wrong. My opinion is this applies to anyone that should have gotten retro back to more than 6 years. And if that is the case then this law suit would cap the owed amount past the 6 years to $10,000. Looking for more insight!
I really respect your insight Ron!
Jerry
Hi,
I don’t know anymore than you. I merely offered an opinion. Here is another: I seriously doubt that court considered the ratings and associated amounts that might be the basis of the retroactive pay (except for the total of $10,000). Furthermore, CH 61 retirees receive the lesser of
—the CRSC Percentage approved by their service (the amounts are found in the VA comp tables)
OR
—the longevity portion of retired pay.
I will be pleased to discover that my initial guess was wrong if that is the case.
Regards,
Ron
I understand what you are saying and agree with you! The more i look into this the more confusing it appears to be! I have not idea what CH61 is.
I am retired Navy drawing CRSC a Vietnam Vet.
Thank you
Jerry
CH 61 is a disability retirement or separation. I had a regular retirement as well.
Regards,
Ron
VN 70-71
@Jbaker1951
The $10,000 ceiling is explained within this extract.
[start].
Thomas A. Moore is the program manager for Lawyers Serving Warriors, a project of the National Veterans Legal Services Program. He explains their goal in filing this suit: “Congress created CRSC years ago to provide tax-free income to certain veterans with combat-related disabilities. We hope that this lawsuit will compel the federal government to compensate these veterans with the full amount of retroactive CRSC that has been withheld from them by an unlawful policy.”
Moore told Legal Newsline that the class action has been filed in district court because the potential awards are capped at less than $10,000 per veteran, but it was a strategic move.
“The alternative would be to go to the Federal Court of Claims here in Washington, D.C. However, if we were to file a class action there, to be a class member, we would have to identify all the class members and send them notice, then they would have to opt in. In District Court, if a veteran meets the definition of a class member, the he or she is in the class unless they opt out.”
Moore can only guess as to how many class members there could be.[end]
Ron
The $10,000 ceiling is explained within this extract.
[start].
Thomas A. Moore is the program manager for Lawyers Serving Warriors, a project of the National Veterans Legal Services Program. He explains their goal in filing this suit: “Congress created CRSC years ago to provide tax-free income to certain veterans with combat-related disabilities. We hope that this lawsuit will compel the federal government to compensate these veterans with the full amount of retroactive CRSC that has been withheld from them by an unlawful policy.”
Moore told Legal Newsline that the class action has been filed in district court because the potential awards are capped at less than $10,000 per veteran, but it was a strategic move.
“The alternative would be to go to the Federal Court of Claims here in Washington, D.C. However, if we were to file a class action there, to be a class member, we would have to identify all the class members and send them notice, then they would have to opt in. In District Court, if a veteran meets the definition of a class member, the he or she is in the class unless they opt out.”
Moore can only guess as to how many class members there could be.[end]
Ron
Update:
Called DFAS today and checked to see in an audit for retro CRSC had been initiated. Customer service rep. said it had not, and asked me to call back in a couple of weeks.
I also sent an email request for the same information via Ask DFAS. Waiting on reply from the email inquiry.
I guess I’ll just be waiting for now and pleasantly surprised when they get around to paying the retroactive CRSC entitlement.
Called DFAS today and checked to see in an audit for retro CRSC had been initiated. Customer service rep. said it had not, and asked me to call back in a couple of weeks.
I also sent an email request for the same information via Ask DFAS. Waiting on reply from the email inquiry.
I guess I’ll just be waiting for now and pleasantly surprised when they get around to paying the retroactive CRSC entitlement.
CRSC TIMELINE
12 JAN22: Sent application via USPS certified mail with signature receipt.
14 JAN22: Arrived at CRSC Dept Ft. Knox
24 FEB22: Decision letter populated digitally on Reserve/Veteran/Retiree section of HRC portal under documents page.
7 MAR22: Decision letter arrived via USPS in mailbox.
TBD: CRSC pay statement on MyPay populated
TBD: 1st monthly payment from DFAS.
TBD: CRSC retro pay NOV 2018
Ron, what do you calculate my monthly pay may be? High 3: $3,150, 12 Yrs, 40% Army, 100% VA, 90% CRSC
I will update when I receive more information regarding payments. This forum was a tremendous help!
12 JAN22: Sent application via USPS certified mail with signature receipt.
14 JAN22: Arrived at CRSC Dept Ft. Knox
24 FEB22: Decision letter populated digitally on Reserve/Veteran/Retiree section of HRC portal under documents page.
7 MAR22: Decision letter arrived via USPS in mailbox.
TBD: CRSC pay statement on MyPay populated
TBD: 1st monthly payment from DFAS.
TBD: CRSC retro pay NOV 2018
Ron, what do you calculate my monthly pay may be? High 3: $3,150, 12 Yrs, 40% Army, 100% VA, 90% CRSC
I will update when I receive more information regarding payments. This forum was a tremendous help!
Please provide all the info requested at the link below.
Information necessary for CRSC estimate: LINK <---
Ron
1.--Average high three for basic pay:
-The Gross retired pay on my DFAS RAS is $1377.
-The total of my highest 36 months of pay $3150.
1a.--Did you receive a DoD disability retirement (i.e., "Chapter 61")?
-I did receive a DoD disability retirement.
2.--DoD disability percentage
-My DOD disability retirement (Chapter 61) percentage shown in my retirement orders was 40%.
3. --Active duty years and months
-My active duty equivalent shown on my retirement orders was: 12 yrs
4. --VA compensation
-My VA Compensation percentage is 100%.
- The amount of my VA compensation is $3450.
-No dependents
5.--Approved CRSC percentage by your service.
-My approved CRSC percentage is 90%.
6.--Whether you qualify for another type of retirement . No
7.--I did not receive REDUX/CSB.
8.--Did you accept the Blended Retirement program option? No
Hello,
Based on the info you provided...
a. 1377/40% = 3442 high three
b. Hopefully, the info you provided for active duty equivalent was shown as "Disability Retirement" if you were Army I offer this because rarely is the number an even 12 years or so; months and days are also shown. 12 x 2.5% = 40% longevity multiplier
c. 3442 x 30% = 1032.60 longevity portion of retired pay and the amount of your CRSC
NOTE: If your retirement orders do not show 12 years under "Disability Retirement" about 3/4 down on first page, this computation is not accurate.
Ron
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Question, for Army, my main condition I’ll be applying to CRSC for is PTSD at 70%, if I was diagnosed and given a percentage for Tinitus, and rhinitis (presumptive conditions of OEF) do I apply those to the same application? Or will they be granted due to being presumptive?
I would assume nothing will be granted without you showing it in your application. That is just an opinion based on life experiences. Please note that each disability requires a separate sheet to describe it. Copies can be made.
Ron
starting on this journey myself sending in the CRSC application and applicable documents today. Good luck.
When I applied the first time for CRSC, I only applied for the medical condition I got med boarded out for. When I got my letter, I was denied for that condition, but I was awarded tinnitus and rhinitis. So they do look at all your ratings, but it depends on the rater, so I would apply for each disability separately. If your army the documents will show up on the HRC portal website. Good luck
Ron, you were on point with your calculations. I received first payment on
CRSC TIMLINE UPDATE:
12 JAN22: Sent application via USPS certified mail with signature receipt.
14 JAN22: Arrived at CRSC Dept Ft. Knox
24 FEB22: Decision letter populated digitally on Reserve/Veteran/Retiree section of HRC portal under documents page.
7 MAR22: Decision letter arrived via USPS in mailbox.
21 MAR 22: CRSC pay statement on MyPay populated
31 MAR 22: 1st monthly payment from DFAS.
TBD: CRSC retro pay NOV 2018