the fact that dfas has paid me my retirement in full is what puts the va on the hook for paying the crdp. yes, crdp is taxable when paid by dfas, but not when paid by the va. i think people view crdp as a dfas-only payment. it's not. it's just that dfas actually calls it crdp because they thought it would be easier for them to waive the entire va payment, then add crdp back in separately later.
imagine, if you will, that one of us has chosen NOT to waive his/her military retirement. thus, their va was being waived in lieu of their retirement. once crdp came out, the va would have to pay it. i'm sure there isn't a single case of this out there, but if you stop and think about it, you'll see that crdp is not the exclusive burden of dfas.
so, when we retirees have been granted 50% or more disability by the va after january 2004, and they withhold our va payment saying that it's been paid by dfas, they are FORGETTING that crdp is not subject to that withholding. therefore, all the crdp IS owed by the va. (remembering that crdp started in january 2004 and was not paid nor retroactive prior to that.)
what we need is a list of people affected by this. let's take it to them as a group.