TDRL to PDRL - Requesting input

[ngkm5]

I have received my findings by certified mail advising that I be moved from TDRL, and placed on PDRL and (remain) at a rating of DoD 70%.

This is amazing news for my family, but I’ve noticed something on the proposed ratings that caught my curiosity:


Page 1, item #13:
- states “ the disability did not result from a combat related injury as defined by title 26 u.s. code section 104(b)(3)”.
Sometime last year, I appealed the decision of my PTSD to be combat related. After going back/forth and submitting new evidence, I finally received a letter signed by the Deputy Division Director, Office of Judge Advocate General, granting my appeal for my PTSD to be combat related. I then also applied for Combat Related Special Compensation and have since been awarded a monthly CRSC pay - at 70% (which was TONS harder and a lot more work....)

But when I later tried to correct my DD-214 for a DD-215 for applying a combat code for separation, it was denied immediately. This is because PTSD being secondary to my referring condition; depressive disorder being the first. My refereed condition for separation (and now retirement) is technically for depressive disorder. Then PTSD is listed below it; as ‘schedule II’.

I contacted the IDES attorney and he basically told me that if I wanted to appeal and have those two conditions switched around (PTSD being 1st) that I can, but he strongly advised that I should sign for the 70% and be done with it. This is because it’s been only 1.5yrs as TDRL and I have only had 1 evaluation AND my rating remained at 70%. He says that in all the years he’s been doing this, it’s the first he’s seen.
He also warns me of doing so can have an outcome of those injuries being switched around, but then lower my rating to 50/30%

So I have two questions:

I’m almost certain that since my CRSC is at 70%, that if my DoD rating drops (but still remains 30% and above) that the payable amount of CRSC will increase, and make up the difference - is this correct????

Lastly, is there any real benefit to request that my primary condition is PTSD and having a corrected a correct DD-215 with ‘combat’ being attached for my reason of separation?? I know that my retired pay will then be tax free, but are their any other benefits??
I’m just not sure if the effort of diving back into the black hole is worh it, when I now can just walk away and put this all behind me.

 

[RonG]

I contacted the IDES attorney and he basically told me that if I wanted to appeal and have those two conditions switched around (PTSD being 1st) that I can, but he strongly advised that I should sign for the 70% and be done with
I’m almost certain that since my CRSC is at 70%, that if my DoD rating drops (but still remains 30% and above) that the payable amount of CRSC will increase, and make up the difference - is this correct???

My remarks that follow do not address IDES processes, of which I know little.

1. Approved CRSC replaces some or all of waived retired pay for combat related disabilities. Less retired pay waived results in a lower amount of retired pay to be replaced.

2. I am not familiar with your situation, but if a CH 61 retiree has residual retired pay remaining after the VA offset, the CRSC is reduced by that amount. If there is zero residual retired pay, there is no reduction of CRSC.

3. The CRSC payable to a CH 61 retiree with less than 20 years is the LESSER of
—dollar amount of the longevity portion of retirement pay
OR
—dollar amount of the CRSC percentage approved by service—rates and amounts are found in the VA compensation tables.

Residual retired pay reduces CRSC.

4. CRSC does not replace any of the DOD disability portion of retired pay. CRSC can never be more than waived retired pay.

5. Finally, your remark about CRSC would make up the difference if your DoD percentage decreases is an unlikely result unless you currently have residual retired pay that reduces CRSC. The limitations addressed above would also apply, including “less retired pay results in a lower amount of retired pay to be replaced.”

Ron

 

[Warrior644]

I have received my findings by certified mail advising that I be moved from TDRL, and placed on PDRL and (remain) at a rating of DoD 70%.

This is amazing news for my family, but I’ve noticed something on the proposed ratings that caught my curiosity:


Page 1, item #13:
- states “ the disability did not result from a combat related injury as defined by title 26 u.s. code section 104(b)(3)”.
Sometime last year, I appealed the decision of my PTSD to be combat related. After going back/forth and submitting new evidence, I finally received a letter signed by the Deputy Division Director, Office of Judge Advocate General, granting my appeal for my PTSD to be combat related. I then also applied for Combat Related Special Compensation and have since been awarded a monthly CRSC pay - at 70% (which was TONS harder and a lot more work....)

But when I later tried to correct my DD-214 for a DD-215 for applying a combat code for separation, it was denied immediately. This is because PTSD being secondary to my referring condition; depressive disorder being the first. My refereed condition for separation (and now retirement) is technically for depressive disorder. Then PTSD is listed below it; as ‘schedule II’.

I contacted the IDES attorney and he basically told me that if I wanted to appeal and have those two conditions switched around (PTSD being 1st) that I can, but he strongly advised that I should sign for the 70% and be done with it. This is because it’s been only 1.5yrs as TDRL and I have only had 1 evaluation AND my rating remained at 70%. He says that in all the years he’s been doing this, it’s the first he’s seen.
He also warns me of doing so can have an outcome of those injuries being switched around, but then lower my rating to 50/30%

So I have two questions:

I’m almost certain that since my CRSC is at 70%, that if my DoD rating drops (but still remains 30% and above) that the payable amount of CRSC will increase, and make up the difference - is this correct????

Lastly, is there any real benefit to request that my primary condition is PTSD and having a corrected a correct DD-215 with ‘combat’ being attached for my reason of separation?? I know that my retired pay will then be tax free, but are their any other benefits??
I’m just not sure if the effort of diving back into the black hole is worh it, when I now can just walk away and put this all behind me.

Based upon the history of your TDRL case via HQMC and the current recommendation from your PDES attorney, it may be very wise to "turn the page" and accept the DoD military PDRL recommendation at this point at least in my experienced opinion from an U.S. Army perspective.

In retrospect, I had up to 5 years to fight the USAPDA TDRL Branch for a justified finding on the IPEB Proceedings while on TDRL; it took me 4 years and 17 days to achieve that accomplishment and be placed onto the DoD military PDRL at the correct DoD (Army) 100% disability rating. But, you only have up to 3 years to potentially fight and a lack of accumulated medical evidence/documentation while on TDRL to support a potential changed finding by the LDES FPEB.

Indeed, your TDRL case via HQMC and my TDRL case via USAPDA are not similar albeit as based upon your aforementioned comments, I would definitely have to defer back to your PDES attorney's sound insightful legal advice at this point. Not to mention, an even worst case scenario of being removed from TDRL and potentially recommended for disability severance pay due to the lowering of your DoD rating below 30%; that's something to think about also! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[oddpedestrian]

I must concur with Ron and Warrior your CRSC will not make it up because less retired pay will be waived I can't see any benefit in changing it around since you got the VA to do it and was awarded CRSC and it comes with greater risks with little reward then what you already have. I recommend signing it and moving on with your life congrats on your PDRL findings nonetheless.

 

[ngkm5]

Thank you all!
I literally just signed and PDF emailed it away.
I genuinely appreciate the help from everyone and the forum.

 

[Warrior644]

Thank you all!
I literally just signed and PDF emailed it away.
I genuinely appreciate the help from everyone and the forum.

Indeed, no worries and that's great news; congratulations for sure!

You are quite welcome, and enjoy your military medical retirement with DoVA disability compensation benefits too! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[ngkm5]

Update

As mentioned before, I did decide to finally accept the findings and sign for them.

The IDES attorney called me Monday and at the time I informed him that I accepted the findings. He told me that is was probably for the best that I did agree to do so, but also informed me that my CRSC would have in fact increased if my DoD percentages would have dropped. (Not increase by percentage amount, that would have remained at 70%, but the payable amount at 70% would have increased).

I told him that I indeed thought so considereding I toyed with the calculator at DFAS website and later decided to ask him.

Anyways - I’m done with my findings, only updating this for anyone’s future reference.

 

[RonG]

The DFAS disability retirement calculator was last updated 5 December 2014. The VA compensation rates and CRSC rates are outdated (the CRSC rates should mirror the rates in the VA compensation tables). I recently "tested" two cases on the calculator and both were off by >$100. However, it did correctly reduce the computed CRSC by residual retired pay, if any.

As mentioned earlier,
The CRSC payable to a CH 61 retiree with less than 20 years is the LESSER of
—dollar amount of the longevity portion of retirement pay
OR
—dollar amount of the CRSC percentage approved by service—rates and amounts are found in the VA compensation tables.

Residual retired pay reduces CRSC. CRSC also cannot exceed the amount of retired pay waived and is limited to the dollar amount of the longevity portion of retired pay (it does not replace any of the disability portion of the retired pay. The service approved CRSC rate would be payable for a CH 61 retiree ONLY if that rate was less than the dollar amount of the longevity portion of retired pay. See "The CRSC payable..." paragraph above.

Ron