CRDP Process can't find what I'm looking for

[ngavazzo]

Hello everyone.  I have tried to find the answer to my question, but it seems everyone has a slightly different case. I retired back in December of 2018 at 20 years of service.  I was NOT Medically retired.  It was a normal retirement.  I had a lot of medical issues my last 2 years of service but I was allowed to finish my service and retire honorably.  I just received my rating of 100% P&T.  I haven't received my official letter in the mail yet, but I have read my summary letter on the VA website.  The Summary says that I am indeed 100% P&T, but my monthly benefit is only $1400.  I talked to a VA rep on the phone and she said I can't receive both Retirement and Disability pay so my total Disability pay has been offset by my retirement pay.  I found that odd because of retired service men I work with who receive both.  I started researching CRDP but can't find what I am looking for.  Everything I have read leads me to believe I should be able to receive both retirement pay and full Disability Pay.  I searched to see if the rules for CRDP have recently changed and have found nothing of the sort.  Why am I not entitled to CRDP?  What does DFAS have to do with it and if enrollment is automatic who is responsible for enrolling me?

 

I hope to get some answers to these questions.  Thank you for help and advice in advance.

[GBArmy]

Hi ngavazzo Welcome to Hadit First of all congrats on your 20 retirement, and also on your 100% combined rating. We have quite a few veterans on here that can answer your issue directly from experience, but I believe the short answer is for every dollar you have coming for retirement its is offset by a dollar from your disability. But I also am a little  confused, because I thought it was the retirement pay that was reduced, not the disability. The advantage being your disability comp is tax free, so it one of them has to take a hit, it should be the retirement. Is there some type of separation pay involved also? By the way, don't even start with "that doesn't make any sense"; this is the VA. They don't have to make sense or be fair. Someone is sure to chime in, but you are going to have to wait to receive your decision letter. If it still doesn't make sense, come back and we can dig further. Hang tight.

[GeekySquid]

https://www.dfas.mil/retiredmilitary/disability/VA-Waiver-and-Retired-Pay--CRDP--CRSC.html

it seems the VA is not doing what it is supposed to do. I would contact DFAS first to see what they say you are entitled to.

By some chance did you get any form of retro lump sum from VA? if so that may be the cause of the snafu.

since you talked to a VA rep, I am going to assume you called the 800 number we generally refer to as Peggy. Don't believe a word Peggy says until you have that letter in hand.

What you can do is go to Ebenefits or Vets.gov and look at your payments section. see if anything shows there yet.

I personally don't suggest you get excited yet. Wait to see what you actually get paid and what the letter says. This could literally just be another of VA's various staged processes...they give they take then it settles out..

Others will chime it I am sure.

[toddt]

Something is amiss.  I know several 20 year retired vets who are receiving boh their normal retired pay and 100% VA disability under CRDP.  I am receiving my full retirement pay and a full 90% VA disability although mine is CRSC.  The rules changed in 2004; before that you could not receive both.  In 2004 they allowed that you could receive both, however it was phased in at 10% per year until 2014.  I would wait until you get your BBE . . .

[Carl the Engineer]

I too will say someone will opine as to what is happening.  I believe it will catch up to you and you will receive both.  It just takes time for the systems to work together, from what I have read in the past.

Or, it might just be a partial payment.

FWIW,

Hamslice

You should be getting both, and its called concurrent receipt.

APPLYING FOR CONCURRENT RECEIPT

In most cases, you do not need to apply for Concurrent Receipt. It should be automatically applied to your paychecks. However, there may be times when your situation changes and the system doesn’t automatically take this into account. In most cases, you will be eligible for retroactive back pay. Determining back pay will require an audit from DFAS and the VA.

DFAS states they will pay any retroactive benefits within 30-60 days of receipt of you’re your first CRDP monthly payment. If their audit determines you should be eligible for a retroactive payment for the VA then they will forward the results of their audit to the VA, which is responsible for making the VA disability benefits payment.

Retroactive pay limitations: Your retroactive pay can only go back to January 1, 2004, which is the first date concurrent receipt was available. However, DFAS will only go back to the day you first received a 50% disability rating. If your 50% disability rating was made retroactive, then your eligibility will extend to that date, provided it isn’t before January 1, 2004.

 

[paulstrgn]

Yes you can receive both pays I do as many other vets do. Depending on your effective date (I am assuming you had not already been receiving your disability pay) is how much back pay you will receive. You may want to contact the VA and DFAS and ask them, DFAS would be able to look in their system to see if there is an audit going on in your account. If the VA did the paperwork correctly you should not receive anything from DFAS only the VA (I am assuming this is the first VA benefit check).

BTW congratulations on getting 100% P&T.

[toddt]

Here is the law regarding your question:    https://www.law.cornell.edu/cfr/text/38/3.750