RetiredColonel-MikeT
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Yeah, I got $38,736 when I calculated it lol. Good on you though, glad it worked out in your favor
Recently Retro retired. CRSC evidence question and pay estimate
- Thread starter Meridian
- Start date
Answering my own question.
“Condition originally rated as 100% P&T in 2014”
So….it seems your CRSC-related disability was rated as service connected in 2014 by the VA.
I think that pre-Pact Act approval was the reason your CRSC was retro for six years. Just a guess.
cc: @RetiredColonel-MikeT
Ron
Yes, July 2014
My VA date was 2013 VA rated Psoriatic Arthritis, Psoriasis/Dermatitis, Hypertension, Tinnitus, and more all rated then but not approved back then for CRSC. Is it situations like these if approved now because of the PACT act THAT are getting retroactive pay? I know not to count my ducks before hatched,. It's just I read the VA had a rule and LOITF but I didn't read the DOD had as not much written military side other than the 6 year after, which its less than two years after new rule now. As yoi can read swems like some seem to state they are getting it as long as they were already rated long ago. It's all confusing.
RetiredColonel-MikeT
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That's what I'm thinking: if the condition was already rated pre-PACT Act, it got moved to the Presumptive list making it combat-related back to the date of the original award. That's the only thing I can think of.
@webby808 The case you mentioned is different from other retro CRSC cases I have seen regarding the Pact Act in that his VA compensation effective date was pre-Pact Act.
Please eventually report how your case / application turns out regarding the CRSC retro date.
Ron
Thank you Mike for your input.
Please eventually report how your case / application turns out regarding the CRSC retro date.
Ron
Thank you Mike for your input.
Sir, My minds not what it was.. I am trying only to know , so that when I go to VA clinic and see Honorable Vets that went before me. Some are just now getting treatment for things such as agent orange. I think I told them correct. They didn't know and I just told them try to file DD2860 it couldn't hurt. Marines, Airmen etc. I just saId they might want to go talk to a DAV VSO and get help to fill out and file DD 2860. The whole room was silent listening and taking notes. I told them if its presumptive under the PA that things like Agent Orange are Combat related now. I hope I told them correct and didn't mislead?
Also once more forgive my thick head.
In 2013, I was Med Boarded. The presumptive conditions are now what I was med Boarded for. I was Rated 100VA and 50DOD. It seems that some are posting that they got that date of rating example 2014 and they got retroactive. I filed a couple times before the pact act within the original 6 year mark, denied. Question, since I tried before and if approved now, are people get retroactive over 6 years, or is it absolutely start of pact act date?
Hello @webby808
I can find nothing that supports a retroactive payment date beyond the date of the Pact Act EXCEPT the anecdotal evidence (i.e., their word) provided by a few.
Your options include:
—ask your service CRSC board
—ask DFAS
Ron
RetiredColonel-MikeT
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No need to apologize - telling them is half the battle, so many do not know. As for your circumstances: if you haven't done so, send in a Reconsideration with your supporting documentation, which shouldn't take much with conditions on the Presumptive List. Let the service branch then DFAS figure things out, in the end you'll either have retro pay back to 2022 or further if eligible. Who knows, maybe you'll get lucky
This was all I could find on the DOD explanation. Where it states the date this law was effective, I am not sure if its meaning the CRSC law, or the Pact act. But my interpretation and humble opinion believes it will and states retroactive pay to those retired before the law signed provided the board awards the original rating date. In the end it does also state 6 years. So here's the actual quote, "Payments will be retroactive to the date approved by the Army CRSC program for all approved applications of those retired on or before the date of this law, to the extent otherwise allowed by law, providing the applicant is otherwise qualified. Title 31 USC §3702 Six-Year Statute of Limitations, applies to CRSC retroactive payments. "
Still back tracking to find, but this was mirrored DFAS today. Adobe Acrobat
I checked the DFAS CRSC page and noticed no changes.
Please provide an update when you receive your retro CRSC.
Regards,
Ron
This is DOD
After scanning over 31 USC 3702 and Soto v. US, I came across an interesting provision. I know most Veterans who are eligible for CRSC will reach the $25,000 mark at 6 years. For those who are rated at 20 percent or less over a six year period can request a waiver to reach the maximum $25,000. I am sure there are some Veterans out there who may fall in this group. 31 USC 3702 doesn't provide procedures but you can find it in Soto v. US. which many of you addressed in previous posts for the six year statute of limitations. Here is the excerpt from Soto v. US.
The Secretary of Defense can waive the
statute of limitations for claims not in excess of $25,000 as
long as a waiver is requested. 31 U.S.C. § 3702(e)(1), (3);
see also Procedures for Settling Personnel and General
Claims and Processing Advanced Decision Requests, DoD
Instruction 1340.21, enclosure 6, ¶ 6.4 (outlining procedure
permitting a claimant to apply for a waiver of the statutory
time limit where a claim was untimely).
Also, 10 USC 1413a(b)(1) doesn't seem to prevent retroactive benefits before the PACT Act. Based on members statements on this board and the Retired Soldiers Handbook 2024 section 5-11 (d)(3), six years is the maximum under normal circumstances. Winning an appeal could substantiate an earlier service connection and provide Veterans a case to go beyond six years as COL Mike T stated.
The Secretary of Defense can waive the
statute of limitations for claims not in excess of $25,000 as
long as a waiver is requested. 31 U.S.C. § 3702(e)(1), (3);
see also Procedures for Settling Personnel and General
Claims and Processing Advanced Decision Requests, DoD
Instruction 1340.21, enclosure 6, ¶ 6.4 (outlining procedure
permitting a claimant to apply for a waiver of the statutory
time limit where a claim was untimely).
Also, 10 USC 1413a(b)(1) doesn't seem to prevent retroactive benefits before the PACT Act. Based on members statements on this board and the Retired Soldiers Handbook 2024 section 5-11 (d)(3), six years is the maximum under normal circumstances. Winning an appeal could substantiate an earlier service connection and provide Veterans a case to go beyond six years as COL Mike T stated.
Could you imagine if one got the max pay at retroactive? Just for giggles. If one were to get ten years back pay, if they had originally gotten their retirement, instead VA getting. 2k at 129 months untaxed. Thats 200k
I am unsure of the meaning your sentence, but I can only guess that you meant DoD rather than DFAS. Note: DFAS is part of the DoD.
The Defense Finance and Accounting Service (DFAS) is an agency of the United States Department of Defense, headquartered in Indianapolis, Indiana.
Ron
Right, DoD is higher than all 5 branches, neing US Coast Guard falls under Homeland. DoD has their own policy, rules and regulations regarding certain financial situations and are the higher of the armed forces.
I was stating, that what I dad posted before was DoD and not dfas. Being the Defense Finance and Accounting falls under DoD.