Recently Retro retired. CRSC evidence question and pay estimate

M

Meridian

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I was recently medically retired retroactively to 2008. I got 30% medical retirement from the Army and 100% through the VA. I only have 2 years and 5 months in AD service. My gross pay from DOD is 630/month and VA is 3840/month with 2 dependents.

First, looking at the evidence requested by the Army, I don’t have the VA Code Rating Sheet or Medical records from those C&P exams but I do have my Purple Heart orders, medical records from the surgeon in theater that worked on me after I was wounded and medevaced, all the VA decision letters stating they were service connected to to my combat injury as well as the PEB finding that my disability was caused by a combat related injury. Will I need the things I’m missing or will this suffice? From what I’ve seen on the forums, the Purple Heart should be enough to push it through but I like to be as thorough as possible.

From the calculations I’ve seen on here, I think I will only be able get around $127 dollars at most if CRSC put me at 100%. Can someone confirm that estimate for me?

Seems to be some very knowledgeable guys in here and I appreciate the assistance. Thank you in advance.
 
I'm about to crash, but I'm sure @RonG or one of the others can confirm your estimate, and without doing the numbers, I'd say you're pretty close. As for evidence, your Purple Heart, PEB Findings, VA Ratings Decisions OR the VA Code Sheet (you can get them from a VSO, more so those that are at VA Medical Centers) - you don't have to have both, one will do as the Army will pull your code sheet anyway. Congrats on being retro retired, first of all, secondly, I cannot say how much retro pay you're looking at other than the typical 6-year maximum. However, considering you were retro retired back to 2008, you potentially could go back that far for the retro pay, but DON'T hold me to that!
 
Hello @Meridian
You mentioned: "I only have 2 years and 5 months in AD service. My gross pay from DOD is 630/month and VA is 3840/month with 2 dependents." and "I was recently medically retired retroactively to 2008. I got 30% medical retirement from the Army and 100% through the VA. I only have 2 years and 5 months in AD service. My gross pay from DOD is 630/month and VA is 3840/month with 2 dependents."

For a present-day estimate:

1. Divide the gross retired pay on most recent DFAS RAS by the DoD disability percentage. That will show your current average high three base pay (with COLAs applied)
Gross pay/30% = current high three base pay

2. 2 years and 5 months is 2.416 years. 2.416 x 2.5% = 6.04% longevity multiplier

3. Current high three base pay at item one x 6.04% = longevity portion of retired pay and a CRSC ceiling

4. For previous years, one would take the amount found at item 3 and "Un-COLA" that amount for the previous year, etc. Obviously, you would need the COLA increase rates for the years considered. Opinion: If it was my case, I would not go to that trouble. I would use the amount found at item 3 and multiply it by the number of months of back pay you expect to receive. It will not be precise, and you will not receive that amount, but it gives a general idea.

Ron
cc: @RetiredColonel-MikeT

Edited to add:
You will receive the lesser (lower amount) of the approved CRSC percentage (amount found in VA comp tables) OR the longevity amount I discussed above. Usually the longevity amount is the lesser.
 
Thanks for the help guys. It was all kind of unexpected and I’m not too concerned with the money side of it. The benefits that my children get now was the biggest plus. Although 6 years or more of back pay could be a nice chunk to throw into savings for the kids. I’ve seen some posts about the Major Richard Star Act. I know it’s stuck in congress somewhere but if that passes, I’m assuming I would get my full 630. The big plus there would be 6 years or more retro on 630/m instead of 127/m. Think that makes it worth waiting to see how MRSA goes before applying?
 
Opinion: An approved CRSC application now, would not negate benefitting from the Richard Star Act later. Of course that act and detailed implementation are still pending approval.

Ron
 
Waiting would not make you eligible for the retro pay as it would be from the signing of the bill into law date. So, filing is HUGE IMHO to get that retro, whatever it ends up being
 
RetiredColonel-MikeT said:
I'm about to crash, but I'm sure @RonG or one of the others can confirm your estimate, and without doing the numbers, I'd say you're pretty close. As for evidence, your Purple Heart, PEB Findings, VA Ratings Decisions OR the VA Code Sheet (you can get them from a VSO, more so those that are at VA Medical Centers) - you don't have to have both, one will do as the Army will pull your code sheet anyway. Congrats on being retro retired, first of all, secondly, I cannot say how much retro pay you're looking at other than the typical 6-year maximum. However, considering you were retro retired back to 2008, you potentially could go back that far for the retro pay, but DON'T hold me to that!
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RetiredColonel-MikeT said:
Waiting would not make you eligible for the retro pay as it would be from the signing of the bill into law date. So, filing is HUGE IMHO to get that retro, whatever it ends up being
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I just received 100% CRSC for a Pact Act condition with 6 years of retro pay. Condition originally rated as 100% P&T in 2014
 
maronedp said:
I just received 100% CRSC for a Pact Act condition with 6 years of retro pay. Condition originally rated as 100% P&T in 2014
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Congratulations!
Ron
 
Thanks. I’ve always appreciated the sage advice here. Just to recap, I was an 04 with 13 years of service in 2014. PEB with 100% DOD and VA for Chronic Lymphocytic Leukemia. I always thought it was burn pit related but didn’t file for CRSC because I didn’t think it would be approved. Then the PACT Act passed but didn’t explicitly include blood cancer. I sent a request to Lawyers Serving Veterans in 2021. About 4 months later, they linked me up with a large NYC law firm who took my CRSC case pro bono. They pulled all my records, wrote my brief, made the arguments as to why blood cancer should be included under the Pact Act. After 4-5 phone calls spanning several months they submitted the application on 8 June 2023. Army awarded 100% CRSC -approved under Pact Act retro to July 2017 and rhininitis 0% both with combat code “IN”. Payment is $538/month I had phenomenal representation from start to finish. I just wrote all 3 of my Congressional reps asking them to support the Major Richard Star Act. Legislative assistants reached out yesterday to discuss. More to follow. Thanks for all you do here Ron!
 
maronedp said:
I just received 100% CRSC for a Pact Act condition with 6 years of retro pay. Condition originally rated as 100% P&T in 2014
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So does this imply those that are now eligible under presumptive thanks to the pact act, could potentially get 6 years retroactive pay if approved crsc?
 
webby808 said:
So does this imply those that are now eligible under presumptive thanks to the pact act, could potentially get 6 years retroactive pay if approved crsc?
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I highly doubt that under PACT Act that anyone will be paid retro to prior to 2022, unless the condition somehow falls under a different part of the Presumptive law(s).
 
Yes, it says on the CRSC letter “pact act “ with a 6 year retroactive date.
 
maronedp said:
Yes, it says on the CRSC letter “pact act “ with a 6 year retroactive date.
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Either way, by now you would have gotten your retro pay, since the earlier post is from 2023, what say you? :)
 
RetiredColonel-MikeT said:
I highly doubt that under PACT Act that anyone will be paid retro to prior to 2022, unless the condition somehow falls under a different part of the Presumptive law(s).
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From a 2023 article:

“The PACT Act was signed into law by President Joe Biden in August 2022 and could help some 3.5 million veterans, but many have not yet filed their claims. Veterans have until Aug. 9 to file a claim, or submit an ‘intent to file’, in order to receive retroactive benefits back to Aug. 10, 2022.”

An oddity: I was rated for a certain heart condition years before it became an Agent Orange presumptive .
I received no retro VA comp due to the presumptive cause as I was already received compensation for it.

Ron
 
maronedp said:
View attachment 10715
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That's meaningless tbh, HRC has made effective dates going back 10-12 years in some of the ones I've seen, but they've all been limited to either a) six-years or b) when the law was signed, regardless of what HRC puts there. They have to do that in case the law(s) get changed again in the future. Back to my original question: if you're getting $538/mo (prob more with this year's COLA) you should have gotten either a check for roughly $10k (which goes back to August 2022) or $40k (which goes back six years).
 
Hello @maronedp ,

What was the VA ‘s effective date for your 100% rating? Was it pre-Pact Act?

Ron
 
RetiredColonel-MikeT said:
That's meaningless tbh, HRC has made effective dates going back 10-12 years in some of the ones I've seen, but they've all been limited to either a) six-years or b) when the law was signed, regardless of what HRC puts there. They have to do that in case the law(s) get changed again in the future. Back to my original question: if you're getting $538/mo (prob more with this year's COLA) you should have gotten either a check for roughly $10k (which goes back to August 2022) or $40k (which goes back six years).
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It was about $38K
 
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