Found Unfit Wondering If I can Receive Both VA & RETIREMENT

I have been in this process for a while and I wanted to know if I was already 100% with the VA for my back then went through my med board and they gave me a 30% rating with them. What does this mean? Will I be able to get retirement pay and my pay from the VA?
 
Do you have 20 years in? If not no, not usually. You will most likely have the retirement offset by the VA. However, you will be eligible for other retirement benefits, including commissary/px.
 
Do you have 20 years in? If not no, not usually. You will most likely have the retirement offset by the VA. However, you will be eligible for other retirement benefits, including commissary/px.

I keep getting different responses about this. My peblo said I would receive retirement pay as well as my Va compensation because I'm 100% with VA. My 30% is my retirement. No I don't have 20 years of service and she knew that as well when answering my question.
 
Even that calculator doesn't show offset if you put in 100% for everything, not including the combat part.
 
If the VA rated you at a combined rating of 100%, chances are, you'll automatically receive compensation from only the VA. There's no way you'll be able to get both unless you have 20+ years in and you'll have to have the rated condition fall under CRSC/CRDP. If you don't fit the criteria, you'll only receive 1 retirement pay. If you do fit the criteria, your VA rating will be lowered, or offset, to meet 100% and you'll pull a fraction of benefits from both DOD service and VA. However, your service will consider you to be retired if the boarded condition was rated above 30%. If the condition alone is not rated above 30%, then you know that you'll be separated without retirement pay BY YOUR SERVICE and they will give you severance......which you'll have to pay back by getting lowered VA pay. Assuming you'll be getting above 30% by your service for the boarded condition, the service will separate you, you'll sign a waiver to pull retirement compensation from the VA, you'll be considered retired and pull 100% from the VA.
 
FOLKS!!! This has been covered many dozens, if not hundreds of times.

I have been in this process for a while and I wanted to know if I was already 100% with the VA for my back then went through my med board and they gave me a 30% rating with them. What does this mean? Will I be able to get retirement pay and my pay from the VA?

Default rule is that you can only get disability payments from one source (DoD or VA). Exceptions to this rule are when you qualify for CRDP or CRSC.

I keep getting different responses about this. My peblo said I would receive retirement pay as well as my Va compensation because I'm 100% with VA. My 30% is my retirement. No I don't have 20 years of service and she knew that as well when answering my question.

Search the forums or look up on google CRDP and CRSC. Again, this has been covered many times here. Can't guess or comment on what the PEBLO said.

Your PEBLO is wrong. You cannot collect two disabilities from the government at the same time. Your DoD medical retirement will be offset by your VA C&P award. The only way to restore the offset is if you qualify for CRSC.
I am thinking that this response was given understanding the earlier statement that the poster does not have 20 years of service. But, the answer is, as stated above, there are two ways to "double dip"- CRDP or CRSC.

There's no way you'll be able to get both unless you have 20+ years in and you'll have to have the rated condition fall under CRSC/CRDP. If you don't fit the criteria, you'll only receive 1 retirement pay. If you do fit the criteria, your VA rating will be lowered, or offset, to meet 100% and you'll pull a fraction of benefits from both DOD service and VA.
CRSC and CRDP work to compensate, in part or whole, any offset. The wording of this above post is confusing.

However, your service will consider you to be retired if the boarded condition was rated above 30%. If the condition alone is not rated above 30%, then you know that you'll be separated without retirement pay BY YOUR SERVICE and they will give you severance......which you'll have to pay back by getting lowered VA pay.

The criteria for retirement from DoD is having a rating of at least 30%. You don't have to have more or above a 30% rating.

Whether you have to "pay back" severance pay from VA payments depends on whether the VA is rating the same conditions and/or whether your condition was incurred in a designated combat zone.

Assuming you'll be getting above 30% [or more] by your service for the boarded condition, the service will separate [retire] you, you'll sign a waiver to pull retirement compensation from the VA, you'll be considered retired and pull 100% from the VA [if that is what you are rated at by the VA]..

Struck out what was not right and italicized my insertions.

Again, if you reach 30% from DoD/military, you will be retired.
 
My husband is a 50% combat related retiree with almost 23 years in and we have a question if anyone else has heard of this. John (my husband) went through a med board in Spring of 2016. His ratings from the Army came back as 50% combat related for his back and ridicularophy(I know its mis-spelled) and the VA gave him a disability rating of 90%. His last day of terminal leave was 7/29/2016. We received a letter from VA & DFAS showing how much he would receive. It was fine, no VA waiver. Showed almost 57% as he would of hit 23 years on 9/11/2016. Well online the RAS I think it is called showed the VA Waiver amount of 318.00 and we could not figure it out as we were told as someone being over 20 years as long as the VA rated him at 50% above he would qualify for CRDP and have his money given back. The attorney even told him from JAG that he could chose A or B method. Sent an inquiry ticket into DFAS and DFAS employee called today and said he will always have that 318.00 waived due to he will only get the 50% that the Army rated him.That the law to change that never passed or has not been signed in to law or something to that effect. We knew if he got 40% from VA then no he would not get it, but were told over 50% you would. So basically those last almost 3 years do not count. From everything I we have read online and on DFAS website he does qualify. On concurrent receipt and disability pay the 4th provision says any other retiree that qualifies under any other provision other than disability. If years in service do not entitle you as a medical retiree what provision of entitlement does? Has anyone else run into this and if so what happened? We both are very confused. Would really appreciate help and guidance in this matter. As this does not seem fair to medical retirees to be penalized for getting hurt, I thought the law n 2004 was written to stop this. THank you in advance for any help or guidance that you can give us.
 
My husband is a 50% combat related retiree with almost 23 years in and we have a question if anyone else has heard of this. John (my husband) went through a med board in Spring of 2016. His ratings from the Army came back as 50% combat related for his back and ridicularophy(I know its mis-spelled) and the VA gave him a disability rating of 90%. His last day of terminal leave was 7/29/2016. We received a letter from VA & DFAS showing how much he would receive. It was fine, no VA waiver. Showed almost 57% as he would of hit 23 years on 9/11/2016. Well online the RAS I think it is called showed the VA Waiver amount of 318.00 and we could not figure it out as we were told as someone being over 20 years as long as the VA rated him at 50% above he would qualify for CRDP and have his money given back. The attorney even told him from JAG that he could chose A or B method. Sent an inquiry ticket into DFAS and DFAS employee called today and said he will always have that 318.00 waived due to he will only get the 50% that the Army rated him.That the law to change that never passed or has not been signed in to law or something to that effect. We knew if he got 40% from VA then no he would not get it, but were told over 50% you would. So basically those last almost 3 years do not count. From everything I we have read online and on DFAS website he does qualify. On concurrent receipt and disability pay the 4th provision says any other retiree that qualifies under any other provision other than disability. If years in service do not entitle you as a medical retiree what provision of entitlement does? Has anyone else run into this and if so what happened? We both are very confused. Would really appreciate help and guidance in this matter. As this does not seem fair to medical retirees to be penalized for getting hurt, I thought the law n 2004 was written to stop this. THank you in advance for any help or guidance that you can give us.

There may be an error here, have you filed for CRSC? Your husband should be getting what is most advantageous to him. Perhaps he is getting more money for the 50% retirement (medical, tax free if combat related) than if he was getting 57% taxable?
 
kimberlaypavlik, Did your husband take the REDUX at 15 years? If he did the multiplier for Redux at 23 years would be around 50%. DFAS will take the difference from pay to make up for the difference in regular retirement pay vs Redux pay.
 
Yes he took redux and that's what we are thinking. Just be nice to know for sure and now that our college age son has started back to school we worry will they take that amount and add it to the VA Waiver. Not sure about the CRSC, the retirement pay he is getting from the Army is tax free. It says $10.40 is subject to taxes. And the combat related injuries were rated at 50% by the Army so he may be receiving CRSC. Again if DFAS would only explain things better they could eliminate a lot of confusion. I work as a insurance coordinator for a dentist and I know if I explained people's benefits the way that the VA and DFAS do I would not have a job long. Ever since this issue has come up your forum has been very informative and I thank you for your imput and help in this matter.
 
Glad we have been helpful! Congratulations to your husband and you (as well as your whole family) on the well earned retirement!

My first reaction to your post was two fold: I thought that it may just be an issue with the recency of his retirement (unfortunately, sometimes it takes some time for the various agencies and pay accounts to catch up with each other) and that he should have applied for CRSC (which seems to be the better benefit). (For info on this, see these links:
https://www.hrc.army.mil/TAGD/CRSC
https://www.hrc.army.mil/content/Apply for CRSC
http://www.dtic.mil/whs/directives/forms/eforms/dd2860.pdf

Again if DFAS would only explain things better they could eliminate a lot of confusion. I work as a insurance coordinator for a dentist and I know if I explained people's benefits the way that the VA and DFAS do I would not have a job long.
Fair (and accurate) criticism. Unfortunately, things don't work the way they should.

Ever since this issue has come up your forum has been very informative and I thank you for your imput and help in this matter.

Like I wrote, glad we could help. Best of luck in the future!
 
"Now that our college age son has started back to school we worry will they take that amount and add it to the VA Waiver?" Not sure what amount you are referring to? If you are talking about GI Bill, no DFAS should not waive any more amounts from VA. I concur this website is a wealth of information, thank you Jason!
 
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