tdiu 100% Schedular And Military Retirement Pay

[vaf]

Hi, just wanted to check something. If my husband is 100% schedular, not TDIU, can he receive 100% of his military retirement pay, as well? Right now, he's receiving partial military retirement pay (concurrent receipt). Thanks.

[Guest Berta]

CRDP and CRSC are two different things-

They are explained here-

CRSC is for Combat Related disabilities only-

http://www.ausa.org/webpub/DeptRegional.ns...ocument&Print=1

"CRSC I CRSC II CRDP

Description of Program Combat-Related Special Compensation: Provides disability compensation with regular military retirement pay for combat disabled retirees. CRSC I Program with expanded eligibility requirements. Concurrent Retirement Disability Program: Provides disability compensation and military retirement pay for service-connected disabilities (restoration of pay phased in over 10 years).

VA Rating Requirement (minimum) 60% or

10% with a Purple Heart 10% 50%

VA Rating Qualification Combat disabilities Combat disabilities Service-connected disabilities

Pay Retroactive to

1 June 2003 Retroactive to

1 Jan 2004 Retroactive to

1 Jan 2004

Taxable No No Yes

Divisible with Ex-Spouse No No Yes

Application Requirements Must apply Must apply No application needed (eligible retirees will be paid automatically)

[Guest Berta]

CRDP and CRSC are two different things-

They are explained here-

CRSC is for Combat Related disabilities only-

http://www.ausa.org/webpub/DeptRegional.ns...ocument&Print=1

CRSC requirements- 60 % Service connected or higher SC rating (combat related)

or 10% with the PH

Retro paid to June 2003 (unless that changes- the site I gave you in prior post keeps up with any changes)

[Ricky]

Vicki,

If your husband is 100 percent schedular, as of 1 Jan 2005 he is entitled to full military retirement and full VA disability. It does not have to be combat related only service connected. There is no application for it. You need to call DFAS and ask if VA has reported his 100 percent yet. If not then you need to contact VA and find out what the hold up is. He will start receiving 100 percent CRDP effective the day DFAS receives notification from VA. Stay on top of it cause there is no such thing as retro pay with CRDP, it is effective the day DFAS receives the notice. So if he is 100 percent and VA takes 6 months to notify DFAS then that is 6 months worth of his retirement pay that he will not recover.

[Jay Johnson]

Vicki,

If your husband is 100 percent schedular, as of 1 Jan 2005 he is entitled to full military retirement and full VA disability. It does not have to be combat related only service connected. There is no application for it. You need to call DFAS and ask if VA has reported his 100 percent yet. If not then you need to contact VA and find out what the hold up is. He will start receiving 100 percent CRDP effective the day DFAS receives notification from VA. Stay on top of it cause there is no such thing as retro pay with CRDP, it is effective the day DFAS receives the notice. So if he is 100 percent and VA takes 6 months to notify DFAS then that is 6 months worth of his retirement pay that he will not recover.

Partially correct.....you need full military retirement due to time in service and NOT medical retirement (exact same benefits, but one does not count for concurrent receipt:-(. My wife is retired from the military, but only has 6 years service as hers was a medical discharge...she would need the full 20 years to get concurrent receipt. Or has something changed in the last few months?

[vaf]

My husband had over 20 years in service. If it hadn't been for the actions of a U.S. Congressman here, the military would have put him out under time in service, instead of giving him a medical retirement. We tried to get it done ourselves, but they ignored us, so I got a little help.

I just called the Appeals Management Center. They're telling me that the 100% schedular disability has to be combat related to qualify for full concurrent receipt of military retirement pay, which is exactly the opposite of what I'm understanding here.

Conflicting information is making me nuts. Ricky, I hope you're right, can you tell me where you got this information, I'd like to read about it myself and use it as a reference before I go any further.

Thanks!

[Ricky]

Vicki,

This is from the DFAS web site:

Am I Eligible?

CRDP is applicable to all retirees who have a VA-rated, service-connected disability of 50% or higher with the exception of disability retirees with less than 20 years of service and retirees who have combined their military time and civil service time to qualify for a civil service retirement.

If your husband is receiving retirement pay based upon a regular 20 year retirement then he is eligible. This is a DoD program and the VA can not provide you correct information on it.

This payment will be taxed as would your retirement. CRSC is another special program which does require that the service connection be based upon a combat disability. The advantage to this is that it is not taxable and as of 2005 can be awarded based upon a simple 10 percent combat related disability.

Bottom line is there is two programs:

1 CRDP which is based upon "a service connected" disability rating. To qualify for this the disability must be rated 50-100 percent. 50-90 percenters will receive the payment on a phased in schedule from now to 2014. 100 percenters based upon a schedular rating do not have to go through the phase in period.

2 CRSC which is based upon a "service connected combat related" disability rating. This is payable from 10-100 percent. This helps if you were disabled due to combat (see DFAS for this definition), are rated by VA at 40 percent. At this point you would not be eligble for CRDP but if some or all of your 40 percent was based upon combat then you could apply to DoD for CRSC. If approved you would get the payment directly from them and it would be tax free.

The bottom bottom line is that if you receive regular retirement pay (based on 20 years of service)from DoD and are service connected disabled by VA at the 50 percent level or higher then you ARE eligble for CRDP.

Go to: http://www.dod.mil/dfas/retiredpay/concurr...abilitypay.html