PEB results. Do I get both retirement and disability?

E

eh_dranko

New Member
Registered Member
After the LONG waiting game, my PEBLO just contacted me. She notified me that the PEB found me as unfit for service and I am at permanent and total disability.

That being said I came back rated at 100% on DOD and VA side of ratings. my question is: Does this mean I will collect both retirement and disability pay?

Thanks in advanced for any info. I am in shock right now. This is, what I think, could be the best possible outcome.
 
Hello @eh_dranko ,

Re: Concurrent Military Retirement Pay and DVA Disability Compensation

Your retired pay will be reduced by the amount of your VA compensation. You keep any retired pay in excess of the reduction/offset. You also receive your VA compensation.

IF, you qualify for another type retirement such as 20years active duty (example), you will receive your VA compensation and the hypothetical Longevity portion of your retired pay. A VA rating of 50% or more is required.

You can review CRSC opportunities. Contemporary CRSC Information--Also See Update at Bottom of this Resource Page <<—-link

Ron
 
RonG said:
Hello @eh_dranko ,

Re: Concurrent Military Retirement Pay and DVA Disability Compensation

Your retired pay will be reduced by the amount of your VA compensation. You keep any retired pay in excess of the reduction/offset. You also receive your VA compensation.

IF, you qualify for another type retirement such as 20years active duty (example), you will receive your VA compensation and the hypothetical Longevity portion of your retired pay. A VA rating of 50% or more is required.

You can review CRSC opportunities. Contemporary CRSC Information--Also See Update at Bottom of this Resource Page <<—-link

Ron
Click to expand...
@RonG, would it be advantageous to apply for CRSC for those over 20+ years with combat related injuries and DoD rated 100%? I ask as my retired pay exceeds VA @ 100%. I assume this would be the route to go as I would be able to waive $4100+ for non-taxable income, leaving roughly $2k to be taxed monthly. Though eligible for CRDP, it would appear that CRSC for combat related injuries rates by the service at 100% would be the way to go. Or am I incorrect?

Thanks!
 
For over 20 years, I believe that yes, CRSC will convert some (or all) of your DOD retirement to tax free.
Someone more knowledgeable will be able to tell you for sure.
 
Vet-Ted said:
@RonG, would it be advantageous to apply for CRSC for those over 20+ years with combat related injuries and DoD rated 100%? I ask as my retired pay exceeds VA @ 100%. I assume this would be the route to go as I would be able to waive $4100+ for non-taxable income, leaving roughly $2k to be taxed monthly. Though eligible for CRDP, it would appear that CRSC for combat related injuries rates by the service at 100% would be the way to go. Or am I incorrect?

Thanks!
Click to expand...
Hello @Vet-Ted ,

Recommend you apply for CRSC. Upon approval, the DFAS will automatically pay the highest rate. If one does not like that arrangement, they can change it within ~30 days if I remember correctly.

The CRSC does not replace waived retired pay that exceeds the hypothetical longevity amount .

CRSC , General.
—Must be entitled to retired pay
—Agrees to waive retired pay in the amount of VA compensation received.
—CRSC cannot exceed the amount of the waived retired pay.
—CRSC cannot exceed the amount of the approved CRSC percentage (amt in VA Comp tables).
—CRSC cannot exceed the dollar amount of the longevity portion of retired pay.
—CRSC when combined with residual retired pay cannot exceed the longevity amount.

Ron
 
RonG said:
Hello @Vet-Ted ,

Recommend you apply for CRSC. Upon approval, the DFAS will automatically pay the highest rate. If one does not like that arrangement, they can change it within ~30 days if I remember correctly.

The CRSC does not replace waived retired pay that exceeds the hypothetical longevity amount .

CRSC , General.
—Must be entitled to retired pay
—Agrees to waive retired pay in the amount of VA compensation received.
—CRSC cannot exceed the amount of the waived retired pay.
—CRSC cannot exceed the amount of the approved CRSC percentage (amt in VA Comp tables).
—CRSC cannot exceed the dollar amount of the longevity portion of retired pay.
—CRSC when combined with residual retired pay cannot exceed the longevity amount.

Ron
Click to expand...

Thanks Ron. I’m just a little confused on the whole thing. If the 199 does reflect that the “unfit” disability/disabilities are combat related (I am coded by my service as a Combat injured wounded warrior), does CRSC need to be filed? I’ve seen posts where others mention the DoD rating % would be tax free if combat related. Since I’m over 20+ active years and cannot receive CRDP and CRSC concurrently, I’m trying to figure out if this process with the 199 (or if the 199 is supporting documentation to apply for CRSC).

Thanks again
 
Vet-Ted said:
Thanks Ron. I’m just a little confused on the whole thing. If the 199 does reflect that the “unfit” disability/disabilities are combat related (I am coded by my service as a Combat injured wounded warrior), does CRSC need to be filed? I’ve seen posts where others mention the DoD rating % would be tax free if combat related. Since I’m over 20+ active years and cannot receive CRDP and CRSC concurrently, I’m trying to figure out if this process with the 199 (or if the 199 is supporting documentation to apply for CRSC).

Thanks again
Click to expand...
Hello,

CRSC is NOT automatic; an application must be filed.

Approved CRSC replaces some or all of waived retired pay associated with the receipt of VA compensation. Your VA compensation documentation is one of the most important documents in the application. See the following for narrative explanations and links to your service's CRSC web page. Contemporary CRSC Information--Also See Update at Bottom of this Resource Page ,----LINK

Opinion: A CRSC application without the VA Compensation (Award) information would be denied. I sent the approval page and all the narrative pertaining to my disabilities.
I did not have a 199 as I am not a disability retiree. That is evidence of the importance of the VA approval document. I also think the 199 will enhance the approval chances.

Copy furnished to CRSC application expert: @RetiredColonel-MikeT

Ron

DFAS:
TDRL/PDRL Exemption: If you retired under a disability law (Temporary Disability Retirement List or Permanent Disability Retirement List), your retired pay will be fully non-taxable if your pay is calculated based upon your military (not VA) disability percentage and you meet one of the following conditions:
  • You were in the military or under a contractual obligation to join the military on September 24, 1975, or
  • Your military disability rating is combat-related
The welcome letter you received from DFAS when you first retired indicates whether your pay is computed using your military percentage of disability or your years of service.
 
RonG said:
Hello,

CRSC is NOT automatic; an application must be filed.

Approved CRSC replaces some or all of waived retired pay associated with the receipt of VA compensation. Your VA compensation documentation is one of the most important documents in the application. See the following for narrative explanations and links to your service's CRSC web page. Contemporary CRSC Information--Also See Update at Bottom of this Resource Page ,----LINK

Opinion: A CRSC application without the VA Compensation (Award) information would be denied. I sent the approval page and all the narrative pertaining to my disabilities.
I did not have a 199 as I am not a disability retiree. That is evidence of the importance of the VA approval document. I also think the 199 will enhance the approval chances.

Copy furnished to CRSC application expert: @RetiredColonel-MikeT

Ron

DFAS:
TDRL/PDRL Exemption: If you retired under a disability law (Temporary Disability Retirement List or Permanent Disability Retirement List), your retired pay will be fully non-taxable if your pay is calculated based upon your military (not VA) disability percentage and you meet one of the following conditions:
  • You were in the military or under a contractual obligation to join the military on September 24, 1975, or
  • Your military disability rating is combat-related
The welcome letter you received from DFAS when you first retired indicates whether your pay is computed using your military percentage of disability or your years of service.
Click to expand...
I think his question pertains as to the "why bother filing for CRSC if his pay should be non-taxable out the gate due to his DA-199 stating their condition(s) were combat-related". My response to that is: do the retirement orders state the same? And if not, get those orders amended if you're still in, if you're out, you'll have to go via ABCMR to have that corrected and subsequently submitted to DFAS for non-taxable pay. So, if the orders DO state that, then, no, there's no need to apply for CRSC, unless, of course, you have an ex-spouse or soon-to-be ex-spouse, in which case your non-taxable retired pay is marital property whereas CRSC can potentially reduce that burden.
 
I might add, you may be eligible for SSDI.
 
OMG my head is about to explode thinking about this...My situation is I am 100% VA, just starting the MEB process with 34 yrs of service and have to choose between LDES or IDES and have no clue how this will affect my VA Comp. I thought there was a process for keeping both VA comp and Retirement/Disability from the Military. I am also a Fed Tech so 60/40 will come into play. Any advice?

Thanks
 
I assume you are guard or reserve. How close are you to reaching age 60 for your non regular retirement?
 
stoltzk said:
I'm 58
Click to expand...
imho I'd stick with LDES UNLESS you have additional conditions that need to be worked up by the VA. If you go IDES, the VA does NOT have to go by your original findings that you currently have. How much active time do you have? Do you have any time that can reduce your reserve retirement?
 
stoltzk said:
I'm 58
Click to expand...
If you are that close to retirement for the guard or reserves and are 100% VA P&T already I would choose LDES because you will get your full pension within a couple years regardless of your results for DOD%.
 
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