PTSD and PDRL over 20 years

J

jdb6672

PEB Forum Regular Member
I will be going through a PEB in the upcoming months and was wondering if the PTSD rating will be included at 50% if I am found unfit. Most of the posts I read here point out that most of the time PTSD percentages are tied to TDRL. I have been informed by Dr and MEB lawyer that since I am over 20 then an unfit (my ACDF for C5-7 should do the trick for that), but I am just unclear about what will happen for the PTSD as I am over 20 years and decide to do the LOS or how it will play into the PDRL %.
 
Silly question - but is the PTSD combat related? If so, then when you are retired, the disability rating that is combat related should be tax free.

More than likely you will be put on TDRL until the final evaluation. If PTSD is still unfitting after your final eval, then you should be put on PDRL with that unfitting condition. All other unfitting conditions will be taxable unless they are combat related.

Since you are over 20 years AD, you will receive CRDP from the VA and CRSC for the combat related conditions.

See:

Combat Related Special Compensation | Military.com

Concurrent Retirement and Disability Pay (CRDP) Overview | Military.com

Military Veteran & Retiree Income Tax Guide
 
I understood in the past that they could be permanently retired but that changed recently. I believe now all PTSD cases are 50% with a TDRL.
 
PTSD is Combat Related. I will be getting MEB for recent Spinal Fusion (C4-7), but also have recently been diagnosed with Chronic PTSD. So they will probably find me unfit for both and I will go on TDRL due to the PTSD? Then I will have to be reevaluated in upcoming years to go to PDRL? Will I be able to opt for LOS retirement instead?
 
My PEBLO told me that TDRL for PTSD trumps all other issues. For example, I have a condition that, if found unfit (which I will be), even if it is a PDRL condition, the PTSD/TDRL takes precedent.
 
So there lies the question...take the LOS retirement or accept the TDRL? With LOS you can do CDRP and with TDRL I will just sit in limbo. Since I will be in the the IDES the VA numbers will accompany it so I will start collecting on LOS/CDRP upon separation. Anyone else ever been in this situation and they let you just take the LOS after unfit findings?
 
I revived my ratings back from the PEB on 17 July. 70% TBI and 10% PTSD PDRL. They Pyramided PSTD into the TBI rating. I'm waiting for discharge date to apply for CRSC. I have 10 yrs AD and 12 ARNG. My Peblo told me I didn't have to apply for CRSC that it would be automatic. Everything I've researched says otherwise. I'm thinking she meant CRDP. My Meb went through Ft. Knox. Anyone heard anything different on CRSC?
 
PTSD and other mental issues can be rated as PDRL. As long as the statement in the 199 says "stable," they will give PDRL, if they state "unstable" they give TDRL.

They put stable on my 199 and gave me PDRL...
 
I'm retired ARNG combat related TBI and PTSD and on PDRL. 22 years for retirement. 80% from VA for same conditions. Thanks for reply Jason.
 
Jason said:
CRDP is automatic (if you qualify). You must apply for CRSC.

http://www.dfas.mil/retiredmilitary/disability/applyforcrsc.html
Click to expand...
Jason, I am in the WTU and working with a DVA and he thinks I will collect CRDP. I told him I am currently compo 1 active duty army with 15 years AFS with a 20 year letter from the reserves. I quoted the DFAS web site but he keeps referring me to Title 10 USC, Chapter 61 Para 1215? DFAS post under CRDP that I have to wait until age 60.
 
From my understanding as a chapter 61 retiree with less than 20 years active or eligibility for TERA retirement, you will receive your disability retirement now, with CRSC if applicable, and at age 60(since you are a 20 year letter holder) receive CRDP at that time. I would like to be proven wrong in this instance, but haven't found any regulations allowing for CRDP prior to NG/RS age.
 
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

-HEAD-
Sec. 1215. Members other than Regulars: applicability of laws

-STATUTE-
The laws and regulations that entitle any retired member of a
regular component of the armed forces to pay, rights, benefits, or
privileges extend the same pay, rights, benefits, or privileges to
any other member of the armed forces who is not a member of a
regular component and who is retired, or to whom retired pay is
granted, because of physical disability.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 100.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
1215 37:272(i). Oct. 12, 1949, ch. 681,
Sec. 402(i), 63 Stat.
820.
--------------------------------------------------------------------

The words "is retired, or to whom retired pay is granted" are
substituted for the words "heretofore or hereafter retired or
granted retirement pay". The words "any other member of the armed
forces" are substituted for the words "all members of the reserve
components", since the words "reserve components" are defined by
section 102(k) of the Career Compensation Act of 1949, 63 Stat. 805
(37 U.S.C. 231(k)), to include members appointed, enlisted, or
inducted without component.


This is para 1215 which you stated. I see how it can be difficult to read, but my take is CRDP and CRSC are not derived from this section. Therefore, this section can't be used as a basis for receiving CRDP prior to 60.

Am I wrong Jason?
 
Travelerusa40 said:
Jason, I am in the WTU and working with a DVA and he thinks I will collect CRDP. I told him I am currently compo 1 active duty army with 15 years AFS with a 20 year letter from the reserves. I quoted the DFAS web site but he keeps referring me to Title 10 USC, Chapter 61 Para 1215? DFAS post under CRDP that I have to wait until age 60.
Click to expand...

As a reservist with a 20 year letter (and not otherwise entitled to an active duty retirement immediately, i.e., with 7200 points), you will be eligible for CRDP (assuming a 50% or greater DVA rating) at age 60 (or, perhaps, younger, if you have creditable service for reducing the reserve retirement age under applicable law).
 
I called the CRSC rep at FT Knox and was told that I have to get re- eval by VA because I already had a rating of 80% prior to MEB so I need to send MEB findings to VA for recomp?
 
MSG Moore said:
I called the CRSC rep at FT Knox and was told that I have to get re- eval by VA because I already had a rating of 80% prior to MEB so I need to send MEB findings to VA for recomp?
Click to expand...

I don't have confidence in this- it sounds like they are saying your previous (higher) ratings are superseded by "new" lower IDES VA rating. Here are my thoughts.

1) I have challenged the VA before during IDES on not following the plethora of advantageous VA laws and regulations that apply to Veterans. The response I got back was that since the member is not "officially" a Veteran until they are separated/retired, they don't have to follow the regulations, but once the member is out, then the rules will apply. I think this is complete BS and has no basis in law. (But, I haven't had an opportunity to challenge yet, because the only way I will get that chance is after the member is out, then files NOD, then is denied, then has BVA hearing, is denied, and then to take it to Court of Appeals to Veterans Claims...that takes a lot of time and to be honest, I don't know that the original issue ever gets reached because once the member does all of this, his claim will fall under normal rules and the error will lie with the normal process used- so it may be that this is legal error that does not have a remedy). All of that said, I don't know why you should have to "re-apply" for ratings already granted...seems to me you are due the 80% rating you already have. The onus is on the VA to "re-rate" you (and there are specific rules they have to follow in order to do so). So, it seems like a set up to reduce your rating...

2) But, on the other hand, if the VA reconfirms your 80% rating, if any of these conditions applied to DoD conditions, you should get the higher amount. So, while there may be risk with doing what they suggest, it could also result in a boon.


I can't tell you which way to go. I just feel uncomfortable with the suggested process that might hurt you and has no basis in law or regulations. I also don't know why this would impact CRSC finding (unless there is some disconnect between combat related conditions as rated by VA originally, and your IDES ratings)....Something stinks here, just not sure what.
 
Thanks Jason, I called Army Human Resources Command in Alexandria,VA. CRSC rep. and was told just to summit my current VA ratings along with my PEB ratings. They said the peb board will send my packet to VA also and that if the VA awards me a higher rating I can reapply for CRSC to adjust the rating.
 
Have you heard back on your rating? I got mines today. People say I should be pleased. 90/90.... 70% PTSD..10% ACDF C4-C5 I think thats crap for my neck! We have a titanium plate! Im thinking of appealing because im on TDRL..U?
 
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