Hello PEB forum, I need your assistance! On TDRL received DA199 for PDRL

MASTERBLASTERMAJ

Registered Member
About me:

26 year AFS, medically retired, receiving retirement,and CRDP ;)

BLUF:

Even though VA rates my PTSD at 70% P&T since 2017, I just received my TDRL 199 with a suggested DoD PDRL at 60% - same as when initially placed on TDRL. I have discussed with the Office of Soldiers counsel regarding DoD not matching my VASRD %, and whether the change from 50 to 70 percent would make a difference to my final retirement pay.

Their advice was to concur/sign the DA 199, since it would not make a difference due to my 26 years of AFS. I am not saying I disagree, but why not a second opinion! :D

What do y'all think? Pros/Cons? Should I request a VA rating reconsideration (VARR), or it is not warranted?


Data:

- Medically retired and placed on TDRL - DoD 60%, VA 100% (June 2016)

- VA re-examination of PTSD and Cervical (Feb 2017)

- Results of examination with finding - 100%VA P&T (2017)

- 1st and hopefully final TDRL examination and findings - 60% (PTSD 50%, Cervical 10%), (Dec 2018)

- Received IPEB DA199 recommending PDRL at 60% - same %'s as when medically retired (Feb 2019)

- Soldiers Counsel advised to sign the form (8 Feb 2019)
 

MASTERBLASTERMAJ

Registered Member
Correct.

Let me rephrase my original question...will my years of service cap the % of retirement at the amount I currently receive, and do I have a chance of obtaining a higher DoD percentage?

Does the regulation allow for an increase of pay (%) past my current LOS, since I am receiving both retirement and VA compensation?
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
Correct.

Let me rephrase my original question...will my years of service cap the % of retirement at the amount I currently receive, and do I have a chance of obtaining a higher DoD percentage?

Does the regulation allow for an increase of pay (%) past my current LOS, since I am receiving both retirement and VA compensation?
There is a ceiling.

I will prepare a reply for you within 10 minutes.
Ron
 

RonG

Staff Member
PEB Forum Veteran
Registered Member
Situation:
Data:

- Medically retired and placed on TDRL - DoD 60%, VA 100% (June 2016)

- VA re-examination of PTSD and Cervical (Feb 2017)

- Results of examination with finding - 100%VA P&T (2017)

- 1st and hopefully final TDRL examination and findings - 60% (PTSD 50%, Cervical 10%), (Dec 2018)

- Received IPEB DA199 recommending PDRL at 60% - same %'s as when medically retired (Feb 2019)

- Soldiers Counsel advised to sign the form (8 Feb 2019)

Comments:— BLUF, regardless of DOD rating, the amount of residual retired pay plus CRDP cannot exceed the dollar amount of the longevity portion of retirement pay.

1. First, the base pay.
Final PayEntry before September 8, 1980
High-36Entry on or after September 8, 1980, but before August 1, 1986 OR Entered on or after August 1, 1986, and did not choose the Career Status Bonus and REDUX retirement system
I assume that you are under the high 36 - system

2. Multiplier:
You receive the higher of:
a. For both the Final Pay and High-36 retired pay plans each year of service is worth 2.5% toward the retirement multiplier. In your case, IF the 26 years you mentioned is Active Duty, then 26 x 2.5% = 65%
or
b. DoD disability percentage, not to exceed 75% (100% DoD = 75%)

3. Retired pay is item 2a or 2b x high three (36 mo) average base pay

4. As a Chapter 61 retiree, you waive retired pay dollar for dollar in the amount of VA compensation received. Occasionally, there is residual retired pay remaining.

5. Assuming your 26 years is active duty, you are eligible for CRDP which restores longevity retired pay.

6. CRDP restores only the waived longevity portion of retired pay. Additionally, residual retired pay (if any) plus CRDP cannot exceed the dollar amount of the longevity portion of retired pay.
Here is an example where my computation was later confirmed on the retiree's RAS:
a. Gross retired pay = 5726

b. VA compensation = 3079.47

c. A minus B = 2646.53 residual retired pay

d. Dollar amount of longevity portion of retirement = 4023

e. D minus C = 1376.47 CRDP

f. Result: DFAS pays 4023 (2646.53 residual ret pay + 1376.47 CRDP) VA pays 3079.47 TOTAL: 7102.47

Ron

Added: The longevity portion of retired pay is:
Active duty years and months x 2.5% x high 3; example 8 yrs 6 months = 8.5 years x 2.5% = 21.25 Multiplier x high three average base pay = Longevity portion of retired pay
 
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MASTERBLASTERMAJ

Registered Member
update...signed DA 199, my years of service trumped the Dod even at 70%.

Now - keep checking the mail for my PDRL orders and retirement certificate.

RonG, gsfowler, thank you,
 
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