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Hello1986

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OK - here we go before I contact an attorney. I have been told I am entitled to my retirement pay back to the effective date of my PDRL Retirement in September 2006. I want to keep this simple. On my orders, it says that "effective 27 Sep 06 you are relieved from ACTIVE duty, above organization and station of assignment. Effective 28 Sep 06 you are PERMANENTLY DISABILITY RETIRED in the grade of MSG per AFI 36-3212 with compensable percentage for physical disability of 030 percent". Remarks: 10 U.S.C. 1201.

So, should I have been getting retired pay beginning on 28 Sep 06? A simple answer hopefully. Thank you -
 

RonG

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OK - here we go before I contact an attorney. I have been told I am entitled to my retirement pay back to the effective date of my PDRL Retirement in September 2006. I want to keep this simple. On my orders, it says that "effective 27 Sep 06 you are relieved from ACTIVE duty, above organization and station of assignment. Effective 28 Sep 06 you are PERMANENTLY DISABILITY RETIRED in the grade of MSG per AFI 36-3212 with compensable percentage for physical disability of 030 percent". Remarks: 10 U.S.C. 1201.

So, should I have been getting retired pay beginning on 28 Sep 06? A simple answer hopefully. Thank you -
Assumptions.
You have a 30% disability retirement and you do not qualify for another type retirement such as regular (20 years AD) or reserve at age 60 (or less in certain instances).

Simple answer: Probably not.

As a CH 61 retiree, your retired pay would have been reduced by the amount of VA compensation you receive. Disability retired pay @30% likely would have been reduced to zero by the unknown amount of VA comp received.

If your (active duty years x 2.5%) x (Average high three base pay) = longevity retired pay, was higher than the DoD percentage, you would received that rate; however, it too would be reduced in the same manner.

Unless you qualify for another retirement as described above and have a VA rate of 50% or more, you are not eligible for CRDP.

Ron
 

RonG

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Addendum.

A collection of Combat Related Special Compensation (CRSC) information is available for your review at THIS LINK <—-

Ron
 

Hello1986

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Thank you. I would like you to leave out the VA. With that and the orders alone, am I entitled to a 30% PDRL paid retirement effective that date? That is what it says right? It says Permanent Disability Retired, meaning, you are to be paid a 30% retirement. Correct?
 

RonG

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Thank you. I would like you to leave out the VA. With that and the orders alone, am I entitled to a 30% PDRL paid retirement effective that date? That is what it says right? It says Permanent Disability Retired, meaning, you are to be paid a 30% retirement. Correct?
The current laws regarding payment of retirement pay and VA compensation cause their relationship to involve the waiver of retired pay in the amount of VA compensation received.

I suspect if you reviewed your retired account on DFAS MyPay, you will find a DFAS Retirement Account Statement (RAS) that shows the reduced retired pay at zero. For accounts that have a net of zero each month, a RAS is produced only when there is a COLA increase.

In 1891, Congress first prohibited payment of both military retired pay and a disability pension under the premise that it represented dual or overlapping compensation for the same purpose. The original law was modified in 1941, and the present system of VA disability compensation offsetting military retired pay was adopted in 1944. Under this system, retired military personnel were required to waive a portion of their retired pay equal to the amount of VA disability compensation, a dollar-for-dollar offset.1 If, for example, a military retiree received $1,500 a month in retired pay and was rated by the VA as 70% disabled (and therefore entitled to approximately $1,000 per month in disability compensation), the offset would operate to pay $500 monthly in retired pay and the $1,000 in disability compensation.

In January 2004, a new law allowed Concurrent Retired and Disability Pay (CRDP) . Until then, no one received Concurrent Receipt.

The “new” law.
you may be entitled to CRDP if…

  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
Ron
 

RonG

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Addendum for additional CRDP Explanation.

Members retired under military disability provisions (Chapter 61 to title 10 United States Code) must have at least 20 years of service.

Effective January 1, 2004: Initial entitlement under the program began on January 1, 2004. Payments were made to nearly 150,000 qualified retirees on February 2, 2004.

Effective January 1, 2005: The 10-year phase-out was eliminated for those individuals actually rated 100% disabled by the VA and they became eligible to receive all of their formerly offset military retired pay.

Effective October 1, 2008: The 10-year phase-out was eliminated for those individuals not rated 100% disabled by VA, but who are paid at the 100% level as "Individual Unemployables" (IUs), and they become eligible to receive all of their formerly offset military retired pay retroactive to January 1, 2005.

CRDP is part of retired pay and cannot exceed the amount that would be otherwise offset.
Special Rules for Chapter 61 Disability Retirees: Members retired for disability under Chapter 61 of title 10 United States Code may be entitled to CRDP only if they have at least 20 years of service qualifying for regular or reserve retirement. Additionally, any disability retired pay that is in excess of retired pay to which that member would be otherwise entitled (i.e., for years of service) remains subject to offset and may not be restored under the CRDP program.

Ron
 
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