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NEW ! CDRP Questions and Issues

warrantarng

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello All

- I retired on a permanent disability April 27, 2016 from the ARNG

- retirement type and allotment code – 12

- Component – ARNG

- Disability retirement: 9 years 2 days

- Total time in Service : 32 year 9 months 2 days

- Percentage of disability – 50%

- Statute authorizing retirement: 1204

- VA disability percentage at the time of MEB : 80%

- VA percentage as of date: 100% permanent and total

-Disability based on instrumentality of war : no

- I am only receiving VA compensation



My questions are:

I am now sixty years old. Am I entitled to CDRP? I should be receiving both my VA disability and Reserve Component retirement? I have been in contact with DFAS and the VA and not one of their representatives will give me a correct answer and quote regulations and law….please assist with comments and advice... I am an advocate and friend of PEB Forum
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Hello All
- I retired on a permanent disability April 27, 2016 from the ARNG
- retirement type and allotment code – 12
- Component – ARNG
- Disability retirement: 9 years 2 days
- Total time in Service : 32 year 9 months 2 days
- Percentage of disability – 50%
- Statute authorizing retirement: 1204
- VA disability percentage at the time of MEB : 80%
- VA percentage as of date: 100% permanent and total
-Disability based on instrumentality of war : no
- I am only receiving VA compensation



My questions are:

I am now sixty years old. Am I entitled to CDRP? I should be receiving both my VA disability and Reserve Component retirement? I have been in contact with DFAS and the VA and not one of their representatives will give me a correct answer and quote regulations and law….please assist with comments and advice... I am an advocate and friend of PEB Forum
Hello @warrantarng ,

Do you have 20 Good Years? That is not indicated in your narrative.
Have you applied for Reserve/NG retirement in addition to the CH 61 retirement processing?

If you have 20 good years AND have met the reserve/NG age retirement AND applied for Reserve/NG retirement AND have a VA rating of 50% or more, you will receive CRDP that will be the amount of the longevity portion of your retired pay. Should there be residual retired pay left over from the VA offset when receiving DoD disability percentage, that residual retired pay plus CRDP cannot exceed the longevity portion.

Approval of the reserve/NG retirement and receipt of that approval by DFAS will trigger the CRDP payments if otherwise qualified.

Ron
edited to add:
Your retired pay upon CH 61 retirement would have been:
* average high three base pay x 75% = DoD disability Retired Pay
*That retired pay would have been reduced by the amount of VA comp you received. Any residual (left over) retired pay would have been kept by you

*Based on the info you provided, your CRDP, if full eligible, would be: 9 years AD equivalent x 2.5% = 22.5% longevity multiplier x average high three: results in longevity portion ( & potential CRDP) of retired pay,
 
Last edited:

warrantarng

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello @warrantarng ,

Do you have 20 Good Years? That is not indicated in your narrative.
Have you applied for Reserve/NG retirement in addition to the CH 61 retirement processing?

If you have 20 good years AND have met the reserve/NG age retirement AND applied for Reserve/NG retirement AND have a VA rating of 50% or more, you will receive CRDP that will be the amount of the longevity portion of your retired pay. Should there be residual retired pay left over from the VA offset when receiving DoD disability percentage, that residual retired pay plus CRDP cannot exceed the longevity portion.

Approval of the reserve/NG retirement and receipt of that approval by DFAS will trigger the CRDP payments if otherwise qualified.

Ron
edited to add:
Your retired pay upon CH 61 retirement would have been:
* average high three base pay x 75% = DoD disability Retired Pay
*That retired pay would have been reduced by the amount of VA comp you received. Any residual (left over) retired pay would have been kept by you

*Based on the info you provided, your CRDP, if full eligible, would be: 9 years AD equivalent x 2.5% = 22.5% longevity multiplier x average high three: results in longevity portion ( & potential CRDP) of retired pay,
RonG, all the time in service was continuous .. I am somewhat confused, when you state longevity portion of my retired pay. I signed a waiver to receive VA compensation at age ILO of receiving both .. Residual retired pay from the VA offset when receiving the DOD percentage ..? can you please put these in easier to understand terms .. Should there be residual retired pay left over from the VA offset when receiving DoD disability percentage, that residual retired pay plus CRDP cannot exceed the longevity portion. (do not understand)
I have called DFAS and VA and keep getting the run around .. I certainly appreciate your help.
Hello @warrantarng ,

Do you have 20 Good Years? That is not indicated in your narrative.
Have you applied for Reserve/NG retirement in addition to the CH 61 retirement processing?

If you have 20 good years AND have met the reserve/NG age retirement AND applied for Reserve/NG retirement AND have a VA rating of 50% or more, you will receive CRDP that will be the amount of the longevity portion of your retired pay. Should there be residual retired pay left over from the VA offset when receiving DoD disability percentage, that residual retired pay plus CRDP cannot exceed the longevity portion.

Approval of the reserve/NG retirement and receipt of that approval by DFAS will trigger the CRDP payments if otherwise qualified.

Ron
edited to add:
Your retired pay upon CH 61 retirement would have been:
* average high three base pay x 75% = DoD disability Retired Pay
*That retired pay would have been reduced by the amount of VA comp you received. Any residual (left over) retired pay would have been kept by you

*Based on the info you provided, your CRDP, if full eligible, would be: 9 years AD equivalent x 2.5% = 22.5% longevity multiplier x average high three: results in longevity portion ( & potential CRDP) of retired pay,
 

Provis

Moderator
RonG, all the time in service was continuous .. I am somewhat confused, when you state longevity portion of my retired pay. I signed a waiver to receive VA compensation at age ILO of receiving both .. Residual retired pay from the VA offset when receiving the DOD percentage ..? can you please put these in easier to understand terms .. Should there be residual retired pay left over from the VA offset when receiving DoD disability percentage, that residual retired pay plus CRDP cannot exceed the longevity portion. (do not understand)
I have called DFAS and VA and keep getting the run around .. I certainly appreciate your help.
Do you have a 20 year letter? If not you don't get CRDP. If you do have a 20 year letter did you apply for retirement at age 60? CRDP isn't automatic for Chapter 61 retires. You need to apply for regular retirement even if you are on a medical retirement. Lastly, if you did those 2 things the only issue to getting CRDP is that retired pay plus CRDP cannot exceed the longevity portion. Your longevity is the amount of regular retirement that you earned until you were medically retired. Take your total points and divide by 360. Then multiply by 2.5% if you are in the High 3 retirement. If you are not high 3 you may need to ask @RonG on how to calculate the longevity on the other retirement plans.
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Hello @warrantarng ,

Re: "RonG, [1] all the time in service was continuous .. [2]I am somewhat confused, when you state longevity portion of my retired pay. [3]I signed a waiver to receive VA compensation at age ILO of receiving both .. [4]Residual retired pay from the VA offset when receiving the DOD percentage ..? can you please put these in easier to understand terms ..[5] Should there be residual retired pay left over from the VA offset when receiving DoD disability percentage, [6]that residual retired pay plus CRDP cannot exceed the longevity portion. (do not understand)
I have called DFAS and VA and keep getting the run around .. I certainly appreciate your help.

I have added numbers to your questions simplify my replies.

Item one: I was not a reservist, but I am familiar with the term "20 good years." You likely know better than me. Twenty good years is required for Reserve/NG retirement. Do you have 20 good years? A reservist/NG can have a year in the service that does not count as a "Good Year."

Item two: Longevity portion of retirement. A person who receives a disability retirement will receive disability retired pay that often exceeds the longevity retired pay. Longevity multiplier for NG/Reservist is: Active Duty Equivalent x 2.5% (2% if blended retirement) = AD equivalent multiplier
AD multiplier x Average high three base pay = longevity portion of retirement

Item three: You signed a waiver to waive retired pay dollar for dollar in the amount of VA compensation received. You did not sign a waiver to not receive any retired pay whatsoever, ALTHOUGH that might be the situation in your case.

Item four: Example of residual retired pay and waiver (using 4000 retired pay gross and 3000 VA compensation)
4000 retired pay minus 3000 VA comp = 1000 residual (left over) retired pay the retiree keeps.

Item five: Not all cases involve residual retired pay. Most do not.

Item six: IF a retiree has residual retired pay, the combination of retired pay and CRDP cannot exceed the longevity portion of retired pay. See item 2. Furthermore, if there is NO residual retired pay, the CRDP cannot exceed the longevity portion of retired pay.

Finally, CRDP does not restore waived retired pay that is in excess of the dollar amount of the longevity portion of retired pay.

Ron
 

warrantarng

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
RonG
I appreciate your time and response .. I wasn't forthcoming on letting you know that this situation is for a friend.. with this information I will continue to assist her .. and keep you posted.

On another matter, I have a very close friend, 76 year old Vietnam veteran, Purple Heart recipient who in my purview should be receiving a RC retirement.. he is missing 27 months of RC performance documents for years 1965- 1968. He has all other documentation, he went on active duty from 1968-1983. I have been working on this for 18 months now and am preparing a ABC MR request .. with lots of evidence .. from DFAS, Records from NPRC and VA .. on a good note I was able to assist him with receiving 100% VA .. would you happen to know an attorney who cn help with this matter... I have tried but come up zero.. or maybe speak privately I can send you my contact info.

THANK YOU for your diligent work .. you are my hero ..
 

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
It appears from the info you provided that your friend, IF she has 20 good years and meets the RC age requirement should apply for RC retirement in order to trigger the CRDP with DFAS. The questions about 20 good years and did you/she apply for RC retirement were never answered.

Thank you for your kind words. I might have mentioned that I was not a reservist or NG; I have a regular 20+ years AD retirement.

The only attorney I know is Jason Perry who owns this board.

I have no knowledge about obtaining Reserve/NG records...sorry.

Perhaps one or more of the following SMEs can assist in some way:
@chaplaincharlie
@oddpedestrian
@Guardguy11

Ron
 

chaplaincharlie

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RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Excellent.

Ref: "he is missing 27 months of RC performance documents for years 1965- 1968."

As I mentioned earlier, I have no knowledge concerning old RC records, but stating the obvious, those records from 50+ years ago might have been kept at the local level and not reported elsewhere for historical purposes. I have the DA Form 1, Morning Report, for the day I joined my unit in Vietnam in 1970. I requested it for genealogy reasons so I was not in a hurry to get it. More than one year after I submitted my request to the National Personal Records Center, I received the document. Again, this was for an AD unit.

I hope to read someday about success in this matter (discussed within this thread). Thank you @chaplaincharlie for your contribution.

Ron
 
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