Need Help Understanding The Case Please

[Scottyp65]

I have a friend who is currently Medically Retired from the Navy and on the temporary list (TDRL), he was in the Naval Reserves when he was boarded, and he had some questions to which I would like to help him find some answers. So to the esteemed members of the forum I present these questions;

Q 1. Can he file for a VA claim, should he?

Q 2. If he is awarded a VA compensation does he have a choice between recieveing the VA comp or can he elect to keep receiving a Navy retirement?

Q 3. If he does receive VA compensation can he be placed on the PDRL? Permanent Disability Retirement List

I am begining to think as I write this that he is in a difficult place because as he is Medically retired from a branch of service he gets the ID card and all the benefits, but if he opts for the VA benefits he will be compensated at the level the VA determins/awards. The VA could well grant him a SC percentage higher than what he has now, 30%, but at a level lower than the 70% he would need for the benefits for his family. Oh is 70% the crossover point for ID card and family benefits?

I appreciate any assistance and references you might be able to provide,

Scottyp

[Guest rickb54]

Q 1. Can he file for a VA claim, should he?

YES he can file a va claim and should.

Q 2. If he is awarded a VA compensation does he have a choice between recieveing the VA comp or can he elect to keep receiving a Navy retirement?

Yes he has a choice, but remember VA compensations is always nontaxable and not reported. While his disability retirement is also non-taxable at this point, later if and when he is put on PDRL, part of his retirement could be taxable if he served for a long period, and if his disability is rated low. (ie: his retirement pay can be based on years service x monthly base pay, or disability percentage which ever is more, it can happen that part of his retirement pay could be taxable.)

Q 3. If he does receive VA compensation can he be placed on the PDRL? Permanent Disability Retirement List

Yes he could be place on the PDRL, but the va has nothing to do with this his branch of service will make a determination within 5 years of his being place on the TDRL. He could actually be called back to duty, be place on the PDRL(30% or more), be paid a Lump sum severance ( 20% or less), or receive nothing at all. Remember again the va has nothing to do with this desision.

I am begining to think as I write this that he is in a difficult place because as he is Medically retired from a branch of service he gets the ID card and all the benefits, but if he opts for the VA benefits he will be compensated at the level the VA determins/awards. The VA could well grant him a SC percentage higher than what he has now, 30%, but at a level lower than the 70% he would need for the benefits for his family. Oh is 70% the crossover point for ID card and family benefits?

Ok medical retirement requires at least a rating of 30%, and which time he would retain a retirement ID card for all benefits for hisself and dependants, this is determined by his branch of service. If the va rates him less than 100% he will not be entitled to the ID card. The va could rate him higher or lower than what his branch of service rates him at, this will depend on the medical issues and the rating schedules. He can also be retired retain his Id card, and still accept VA compensation, instead of retirement pay, but unless va compensation is less than his retirement rating he would not benefit by choseing retirement pay over va compensation.

Hope this answers your questions.

Edited February 1, 2007 by rickb54

[Scottyp65]

Rick,

Thanks for the assist! I was begining to think that would most likely be the case for him. Again thanks!

[Berta]

Not sure but could this vet possibly be eligible for CRSC or CRDP?

A full discussion of these benefits is found at Defense Dept:

http://www.dod.gov/prhome/mppcrsc.html

and discussed at Military.com

http://www.military.com/benefits/military-...aring-crsc-crdp

Just close the BI bill pop up or wait a few seconds and it wil disappear.

[Guest rickb54]

Not sure but could this vet possibly be eligible for CRSC or CRDP?

A full discussion of these benefits is found at Defense Dept:

http://www.dod.gov/prhome/mppcrsc.html

and discussed at Military.com

http://www.military.com/benefits/military-...aring-crsc-crdp

Just close the BI bill pop up or wait a few seconds and it wil disappear.

Only if he has 20+ years of service.....