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Crdp And 100% P&t

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Inthewind

Question

I'm not sure this is the correct forum for this post.

I've been unable to find anything specific, so can anyone tell me what effect CRDP has on a 100% P&T rating? I went from 50 to 100% P&T and retired in 2004. My current waiver is ~$3. I read a few negative comments that weren't really backed up by anything, i.e. If you have CRDP you're screwed for any type of retro etc...etc.

Maybe my insomnia it getting to me because now I'm thinking my VA amount will be reduced?? Any thoughts will be helpful. Maybe I just need to try to go to sleep!!

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We have a lot of info here on CRDP and CRSC,such as these links:

http://www.military....mpensation.html

http://www.military....p-overview.html

If a veteran is eligible for both programs, they can only elect one-the one most favorable to them.

Also if you use the hadit search feature for CRSC CRDP or CRDP CRSC, discussion and other info will pop up as we have some CRDP/CRSC vets here.

There was a DFAS snafu over retro under CRDP years ago and there has been discussion here ,searchable, as to how the retro works.

Edited by Berta
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Good morning Berta!!

I've been reading a bunch of your posts and some of them are AMAZING by the way! I'm actually honored to have you responding to one of my questions, so thank you!

This paragraph is my concern:

"It is also important to note that the amount you receive cannot exceed the sum of your actual military retirement pay and VA Disability Compensation added together."

Does this mean I'll receive my full military retainer pay (I call it that because thats what it truely is tongue.png ) (minus what ever the remaining waiver I have left based on time in the program) and my full VA compensation? Soon to go from $931 to $3037 (50% to 100%) or If anything, my waiver will reflect the % of the remaining waiver I should have at the 100% rate?

The pain meds and lack of sleep make my math fuzzy...

And the reason I ask is because my VA comp pay has never been more then my military retainer pay.

Thanks!

Edited by Inthewind
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Does this mean I'll receive my full military retainer pay Yes. FWIW, I have heard MilRetPay called retirement, pension, retainer pay (Navy), or "payment of deferred compensation for services previously rendered."

(minus what ever the remaining waiver I have left based on time in the program) and my full VA compensation No. There no longer is any waiver, once you receive the 100%.

You may be interested in IRS Pub 17 http://www.irs.gov/pub/irs-pdf/p17.pdf Page 52, bottom of right column.

Good morning Berta!!

I've been reading a bunch of your posts and some of them are AMAZING by the way! I'm actually honored to have you responding to one of my questions, so thank you!

This paragraph is my concern:

"It is also important to note that the amount you receive cannot exceed the sum of your actual military retirement pay and VA Disability Compensation added together."

Does this mean I'll receive my full military retainer pay (I call it that because thats what it truely is tongue.png ) (minus what ever the remaining waiver I have left based on time in the program) and my full VA compensation? Soon to go from $931 to $3037 (50% to 100%) or If anything, my waiver will reflect the % of the remaining waiver I should have at the 100% rate?

The pain meds and lack of sleep make my math fuzzy...

And the reason I ask is because my VA comp pay has never been more then my military retainer pay.

Thanks!

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Thank you for those kind words, inthewind, but I am just one of countless amazing people here!

This is the smartest place in town.

I defer to any of the info JVretiredvet gave you, as to exactly how these programs work,as I am a civilian ,but certainly have mentioned CRDP and CRSC here many times ,since these programs began.

One thing to mention too,

The Services will presume that disabilities awarded VA disability

compensation based on service-connected exposure to hazards, which are clearly combat-related, are

combat-related for the purpose of CRSC. These include Agent Orange, Gulf War illnesses, Radiation

Exposure, Mustard Gas and Lewisite. Post-Traumatic Stress Disorder (PTSD) will require combatrelated

documentation.”

http://militarypay.defense.gov/benefits/docs/CRSC_Info_Paper_May_08.pdf

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Ok, I received the packet AND a retro payment today. Keep in mind I was already at 50% and receiving CRDP.

In the packet it states:

Your Award Amount and Payment Start Date

Total VA Benefit - $2932.00

Amount Withheld - $1132.00

Amount Paid - $1800.00

Effective Date - Nov 1, 2010

Reason For Change - Compensation Rating Adjustment, Retired Pay Adjustment

Total VA Benefit - $3037.00

Amount Withheld - $1173.00

Amount Paid - $1864.00

Effective Date - Dec 1, 2011

Reason For Change - Cost of Living Adjustment, Retired Pay Adjustment

Total VA Benefit - $3037.00

Amount Withheld - $0.00

Amount Paid - $1800.00

Effective Date - Sep 1, 2012

Reason For Change - Retired Pay Adjustment Stopped

We have withheld benefits.

You are not allowed to receive full military retired pay and full VA compensation at the same time. The following will provide an explinationof how this works:

  • If your VA compensation is less than your retired pay, you will receive compensation payments. The military service department will pay the difference between your compensation and your retired pay.
  • If your VA compensation is more than your retired pay, we will pay you compensation, and you will not receive retired pay.

For now, we must withhold part of your compensation until September 1, 2012. We must do this to prevent double payment. By working together with the military service department, we will make sure you get your full combined payment.

(This has to do with my current 50% payment, which they had to stop as of 1 Sep 2012. IOW they didn't want me to get the $931.00 AND the $3037.00)

Your effective date for military retired pay is from November 1, 2010 to September 1, 2012. The tax exemption is based on the total amount of VA compensation withheld from the effective date of the waiver. If benefits are increased and there is an additional amount withheld, the amount of VA compansation withheld is the total tax exemption to which you are entitled. If you previously claimed a tax exemption for this period, then you can now claim only the difference between the previous amount withheld and the current amount withheld. Please note that disability retirement pay is already tax exempt.

Concurrent Receipt of VA Compensation and Military Retired Pay

You may be eligible for full or partial concurrent receipt of VA compensation and military retired pay under the CRSC and/or CRDP programs. Your retired pay center (RPC) has been notified of this award of VA compensation. If your RPC determines the withholdings from your VA compensation should be retroactively adjusted due to CRSC/CRDP eligibility; VA will be notified and will adjust your VA compensation accordingly.

_______________________________________________________________________________________

Can someone please help me with my math here? Initial retro was $20,110 and I'm figuring a delta of $25,127?

I'm assuming the initial retro I got today was actually less then half of what it should be and the remaining was held back so they can verify CRSC/CRDP? I've been under CRDP for my 50% rating since I was initially rated in 2004...Hmmm...

Does anyone know how long of a process this is? Momma needs a new pair of shoes!biggrin.png

Again, thanks for all of your help.

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