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Can You Receive Crsc And Va Disability

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Note: For Those Who Have Some Service

CRSC BRIEFING FINAL 12 JUN12

It is important to note that CRSC may not reimburse the full amount of the VA waiver if only some of the veterans service-connected disabilities are combat-related. For example, the veterans branch of service may determine that only 40 percent out of your 60-percent overall rating is considered combat-related , in which case they would reimburse only the amount of VA compensation you would receive for a 40-percent rating.

Crdp & Crsc Pay & Compensation

There are two types of federal benefits for disabled service which supplement military retirement pay members that were created by Congress.

In the past, military retirees with VA disability ratings were required to waive a portion of their retirement pay. It was relative to the amount of VA disability compensation they received . Certain programs are designed to help these veterans recover a portion of those waived retirement funds.

Until 2004, it was against federal regulations to receive VA compensation and military retirement pay concurrently. Since 2004, two federal programs have been developed that affect the amount of funds a disabled veteran is able to draw from military retirement pay and VA disability compensation at the same time:

  • Concurrent Retirement Disability Pay is paid to qualifying military retirees with a combined VA disability rating at 50% or higher
  • Combat Related Special Compensation is for military retirees with service-connected disability ratings of at least 10% which must be from a combat-related incident.

What You Should Know About Concurrent Retirement Disability Pay

CRDP was created to help qualifying retired veterans collect both military retirement pay and VA compensation. This was not permitted until 2004 when the program began operating.

Concurrent Retirement Disability Pay was phased in over time which brought eligible retiree pay higher until the phase in was completed in 2014.

Retroactive Compensation under CRDP

Enrolling in CRDP

How Do I Know If I Am Eligible For Crsc

You may be eligible for CRSC if you currently receive military retired pay and meet one of the following criteria:

  • You were awarded a Purple Heart with a combined disability rating for Purple Heart Disabilities of at least 10% from June 1, 2003 to present or
  • You have a combined disability rating for all combat-related disabilities that is at least 60% from June 1, 2003 through December 31, 2003 or
  • You have a combined disability rating for all combat-related disabilities that is at least 10% from January 1, 2004 to present.

Your branch of service will determine whether or not your disability codes are combat related.

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What Does It Mean To Be Disabled By The Va

To be found disabled: You must be unable to do substantial work because of your medical condition and Your medical condition must have lasted, or be expected to last, at least one year or to result in death. If you receive VA compensation, this will not affect your Social Security benefits.

Combat-Related Special Compensation for Disabled Veterans. If you were disabled during combat, you can get both disability compensation and military retirement. Combat-related special compensation is a monthly benefit for eligible retired veterans with service-connected, combat-related disabilities.

Yes, a veteran can receive both VA service-connected disability benefits and Social Security benefits. However, it is important to note that receipt of one does not guarantee receipt of the other and a veteran generally cannot receive both a VA pension and Social Security at the same time.

Unlike service-connected disability, it will not be enough to show the disability arose just while you were on active duty. In other words, injuries that did not arise directly from your engagement in the hazardous activity will not qualify as combat-related.

To be found disabled: You must be unable to do substantial work because of your medical condition and Your medical condition must have lasted, or be expected to last, at least one year or to result in death. If you receive VA compensation, this will not affect your Social Security benefits.

What Is A Combat

PPT

You will need to submit evidence to show that your disability was caused by combat-related service. Combat-related service includes training that simulates war, hazardous duty, using an instrument of war, or armed conflict. The Department of Veteran’s Affairs will also consider disability caused by exposure to Agent Orange, chemical exposure in the Gulf, and other hazards as combat-related for the purposes of this program.

Also Check: Guard And Reserve Retirement Calculator

Choosing Crdp Or Crsc

You cannot receive CRDP and CRSC at the same time. If you are eligible for both CRDP and CRSC, there are two ways you can go about selecting one or the other:

Automatic selection of the greater amount. If you are already receiving CRDP and then become eligible for CRSC , DFAS will assess which of the two programs will pay you the greater amount. They will automatically pay you this greater amount. Many veterans will choose to stick with the benefit that pays the greater amount, and this requires no additional action. But there are a few reasons you may want to select a different program .

Voluntary switch during open season. If you prefer to switch programs after DFASs initial assessment, you will have the opportunity to do so once a year. Every December, DFAS will mail you an open-season election letter. The letter contains information about the different amounts you would receive under CRDP or CRSC, and the potential impact of each on your taxes. You will be able to select one benefit or the other on the form included in the letter. If you would like to continue receiving the benefit you currently receive, there is no need to fill out the form.

Open season may be particularly important if your VA ratings or CRCS rating changes mid-year. A change in ratings could make one of the benefits more valuable than the other.

Does Ptsd Qualify For Crsc

Service-connected mental disabilities such as post-traumatic stress disorder and major depressive disorder qualify for a VA rating. Secondary service-connected disabilities also count for purposes of CRSC qualification.

Military departments will only move on to the final stage of determining CRSC eligibility if the applicant meets each of the four preliminary criteria above. The final CRSC criteria are described in detail below.

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Crdp And Crsc Offsets: Va Disability Compensation

Veterans who receive retired service pay and VA disability compensation at the same time are typically subject to the governments double-dipping laws, stating that benefits cannot be duplicated. To comply with this law, veterans who receive both service retired pay and VA disability compensation simultaneously are required to offset part of their service retired pay. The amount the veteran receives in VA compensation is subtracted from the amount they receive in retired pay. This subtraction is referred to as the VA waiver. This is evidenced in the first image.

Moving forward, under certain eligibility requirements you may qualify for concurrent receipt, or the restoration of service retired pay that has been withheld by the VA waiver. There are two forms: Concurrent Retired Disability Pay and Combat-Related Special Compensation .

CRDP restores your service pay by eliminating the VA waiver. The figure shows what will happen once CRDP is applied. If you meet the eligibility requirements, CRDP is automatically applied. The amount that had been taken away by the VA waiver, is now included back in, thus increasing the amount you receive to your full retired pay.

Next, we have CRSC. CRSC is for veterans whose disabilities are combat-related. Under CRSC, the VA waiver is not eliminated and will continue to be subtracted from your service retired pay, but to counter that, CRSC reimburses all or some of your VA waiver in a separate check from your specific branch of service.

Are Reservists And National Guard Eligible

Can You Use an Extra $347 in your Monthly VA Disability Check?

Yes, all Reserve or National Guard are eligible if you have 20 years of creditable service OR you are a permanent medical retiree OR you are a TERA retiree who is:

  • receiving military retired pay, and
  • who has a 10% or greater VA rated injury and
  • whose military retired pay is reduced by VA disability payments

The previous CRSC requirement to have at least 7200 retirement points no longer applies as of January 1, 2004. Grey area retirees become eligible for CRSC at age sixty when they begin to receive retired pay.

Also Check: Va Retirement Pay Calculator

Appealing The Denial Of Or Amount Of Crsc

If you were denied benefits or believe you should have been awarded more benefits than you are receiving, you can file for reconsideration with your branch of the military:

What Is Concurrent Retirement And Disability Pay

According to VA, concurrent retirement and disability pay is a phase in of benefits that gradually restores a veterans service pay by eliminating the VA Waiver . Essentially, veterans who receive pay and VA disability compensation at the same time are typically subject to the governments double-dipping laws. The law stipulates that benefits cannot be duplicated. To comply with this law, veterans who receive both service retired pay and VA disability compensation simultaneously are required to waive part of their service retired pay. The amount the veteran receives in VA disability compensation is subtracted from the amount they receive in retired pay to avoid double-dipping. This subtraction is referred to as the VA Waiver.

With CRDP, veterans will receive a monthly check from the Defense Finance and Accounting Service , the administrator of military retired pay, that includes their full retired pay .

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Can You Get A Va Pension If You Are In The Military

If you receive a VA pension, you may also qualify for Aid & Attendance or Housebound benefits. You can only get one of them. Each has its own qualifications. Some people confuse military retirement benefits with a VA pension. Here are two ways to tell the difference: Military retirement is taxable but a VA pension is tax-free.

Evidence And Other Documents Youll Need To Provide

Can You Receive VA Disability and Military Retirement Pay ...

Evidence that proves your disability or injuries are the result of a combat-related event, like:

  • Service medical records. These must be from when your injury happened. They must show the severity of your medical condition and that it’s combat-related. Note: Provide only relevant medical records. Please dont send us all your medical records.
  • Official service records. These include After Action Reports, Investigative Reports, personnel action requests , and performance evaluations .
  • These include Purple Heart citations, Combat Action Badges, medals, and decorations for valor.

Other documents:

  • Retirement records. These include retirement orders and the Armed Forces of the United States Report of Transfer.
  • Your VA decision notice

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About Va Claims Insider

VA Claims insider is an education-based coaching/consulting company. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements for a wide range of disability conditions.

Can I Receive Payments From The Dod And The Va For The Same Disability

In short, probably not. The two programs usually offset each other. Thus, you may generally only receive benefits from one program. However, for some veterans there are exceptions.

The DoD has two special programs designed to provide additional benefits to certain veterans who have lost their DoD Disability Compensation as a result of also receiving VA Disability Compensation: the Combat-Related Special Compensation program, and the Concurrent Retirement & Disability Pay program.

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Crdp And Crsc: Concurrent Receipt Explained

Before you can understand CRDP and CRSC, you have to understand what happens when a veteran is receiving service retired pay and VA disability compensation at the same time. Veterans who receive retired pay and VA compensation at the same time are typically subject to the governments double-dipping laws. The law stipulates that benefits cannot be duplicated.

To comply with this law, veterans who receive both service retired pay and VA disability compensation simultaneously are required to waive part of their service retired pay. The amount the veteran receives in VA compensation is subtracted from the amount they receive in retired pay to avoid double-dipping. This subtraction is referred to as the VA Waiver.

For a long time, this was the end of the story for retired veterans who were also disabled. But now, certain veterans qualify for what is called concurrent receipt. Concurrent receipt is the restoration of service retired pay that has been withheld by the VA waiver. There are two forms of concurrent receipt: Concurrent Retired and Disability Pay and Combat-Related Special Compensation .

The two benefits serve the same function restoring all or part of the VA waiver but each has different eligibility requirements, application processes, and funding sources. And for veterans who are eligible for both benefits, it can be hard to know which concurrent receipt benefit to choose.

Crsc Payments In A Divorce

How To Get A Military Retirement Pay & VA compensation | Veterans Compensation | Jackson & MacNichol

CRSC is not retired pay, and it is not subject to the provisions of 10 U.S. Code § 1408 relating to payment of retired or retainer pay in compliance with court orders.DOD Financial Management Regulation, Volume 7B, Chapter 63, Section 630101.C.1. CRSC may be garnished from garnishment for child support or alimony, however. Section 630101.C.2.

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Can Ireceive Military Retirement Pay And Va Benefits

Up until2004 it was illegal to receive military retirement pay and VA disability pay atthe same time. Retired military had to decide whether they wanted to receive VAdisability pay or their retirement pay. And if they did choose toe receivetheir VA disability pay the money, they received was deducted from theirmilitary retirement pay.

However, thelaw has since changed. And there are two major changes you should know aboutbecause you may be able to receive your full military retirement pay along withyour VA disability pay. These laws are as follows:

  • ConcurrentRetirement Disability Pay which applies retired military who have acombined VA disability rating of 50% or higher.
  • CombatRelated Special Compensation which applies to retire military who have aservice-connected disability rating of at least 10%, which comes from acombat-related incident.

It ispossible to qualify for both of these programs, but you can only receivecompensation from one of them. Youll have the choice of which program you wantto receive benefits from, and you can change which one to receive benefits fromif your situation changes.

B Crsc Pay Increase 2021

You can also use our free VA disability rating calculator to estimate your monthly payment amount. If the VA has not properly included one of your injuries, you can appeal the denial of benefits. A successful appeal may also entitle you to a CRSC pay increase, or more than what you currently earn if you were previously denied CRSC benefits.

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Will Crsc Reimburse The Full Amount Of Va Waiver

It is important to note that CRSC may not reimburse the full amount of the VA waiver if only some of the veterans service-connected conditions are combat-related. For example, the veterans branch of service may determine that only 40 percent out of their 60 percent combined disability rating is considered combat-related, in which case the branch would reimburse only the amount of VA compensation you would receive for a 40 percent disability rating.

Concurrent Retired And Disability Pay

Can I receive CRSC and CRDP at the same time?

CRDP restores your service pay simply by eliminating the VA waiver. So, unlike CRSC, you will not receive a separate check for CRDP. Instead, the monthly check you receive from the Defense Finance and Accounting Service , the administrator of military retired pay, will be increased from the docked amount to your full retired pay .

Because it is a direct restoration of the VA Waiver, CRDP essentially counts as service retired pay.

There is no application process for CRDP. If you meet the eligibility requirements, DFAS will automatically eliminate the VA waiver, restoring your retired pay.

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Final Crsc Criteria: Qualifying Combat

Veterans are only entitled to CRSC if they have sustained service-related disabilities. This requires a causal connection between the activity and the injury. Qualifying conditions with varying degrees of severity are outlined in the VA Schedule for Rating Disabilities . The Electronic Code of Federal Regulations provides the VASRD, an exhaustive list of medical diagnoses, along with explanations of how to use the tables.

Do You Get Crdp When You Retire From The Military

Personnel who retire from the military with a service disability rating may not receive the full amount of the VA waiver. This is because their retired pay is increased due to their in-service disability rating, but the CRDP amount is limited to the portion of their retired pay based only on years of service.

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A 20 Years Or More Of Military Service Or Otherwise Entitled To Retired Pay

For purposes of military retirement plans, the 20-year service requirement is calculated using a retired pay multiplier. The DoD multiplier chart shows different retirement plans based on active or reserve duty and disability retirement programs.

For example, members retired under Public Law 102-484 or Temporary Early Retirement Authority may make the 20-year requirement if they are credited with a 50 percent service multiplier, or if they return to active duty long enough to achieve 20 years . Documentary evidence of TERA retirement is generally sufficient to qualify as retired for purposes of CRSC eligibility.

Here is a video explaining how the VA combined ratings table works from one of our Veterans Disability Lawyers.

CRSC Calculation for Chapter 61 Retirees

Title 10 USC Chapter 61 defines different categories of medical leave and retirement. Chapter 61 retirees are those who have medically retired from military service with a VA disability rating of 30 percent or above. This includes those on the Temporary Disabled Retirement List.

However, military departments are not bound by the DoD retirement pay multiplier. Instead, they will look at the supporting information submitted with the application to determine whether Chapter 61 and TERA retirees are eligible for CRSC qualifications.

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