Veteran legislation Update
The Current Status of Concurrent Receipt
"Concurrent Receipt or CRDP is quite the hot topic these days. It seems there are as many interpretations of the law as there are eligible retirees. The following is a quick overview of the finer points of the law.
CRDP and retroactive Department of Veteran Affairs (VA) disability compensation awards:
According to program guidance of Section 1414 of Title 10, United States Code, CRDP is not retroactive. CRDP is only payable starting the month the appropriate pay center (DFAS or Coast Guard) actually starts offsetting your VA award from your retired pay. If you are in receipt of VA compensation and for some reason the pay center did not offset your VA award, then there is nothing to restore, no concurrent payment was made. Even if the VA withheld the difference of the award and retired pay for the prior months, CRDP is still not retroactive, if the pay center did not start the offset. If the VA did not withhold the difference, then an overpayment to the member would have resulted.
Va Unemployability Codes and CRDP:
Those members who are rated 100 percent with the VA and meet CRDP criteria, will have their full retired pay restored effective January 1, 2005. Those members who have been rated less than 100 percent, but are receiving 100 percent from the VA due to an unemployability code, will not receive their full retired pay up front. They will fall under the 10-year phase in plan, in which they will see restoration by the year 2014. The CRDP is paid on the actual VA rating not the unemployability code.
Chapter 61 retirees and CRDP:
Certain individuals who retired from the military with a disability under Chapter 61 of Title 10, United States Code; will not see restoration of their full retired pay. CRDP is based on the longevity percentage, not the disability. So if your disability percentage is greater than your longevity percentage, under current policy, your CRDP will be based on the longevity and will be less than your full retired pay."
$1 Billion Awarded to injured Retirees, Billions to Go!
"Military.com has learned that the $1 billion has been awarded to retirees with disabilities across all military uniformed Services through the Combat-Related Special Compensation (CRSC) program. Enacted by Congress in 2002, CRSC is a $22 billion program that provides tax-free monthly payments to injured retirees from all uniformed Services. CRSC payments are retroactive and supplement a retiree's Veteran Affairs (VA) disability pay and Service retired pay.
COL John Sackett, Army CRSC Chief, states "This is a great milestone but we have a long way to go. Retirees with disabilities have more than earned this compensation. Billions of dollars are still available, so we hope that eligible retirees will submit their claims." Out of the $1 billion awarded across all Services to date, the Army has awarded over $575 million.
Disability Pay Programs-CRSC and CRDP
CRSC is an application-claim based program versus the Concurrent Retirement and Disability Payments Program, which is an automatic entitlement from DFAS for any Retiree with a combined 50% or higher VA disability rating. Some Retirees believe they are already receiving CRSC when they are actually receiving CRDP and thus do not submit their claim for CRSC. If you are not certain what you are receiving, please check your DFAS pay stub and consider submitting your claim for CRSC.
It is important to note that Retirees cannot receive both CRSC and CRDP and must elect one each year through an annual "program election." Many retirees are confused about which is better for them. When making this decision, please note the following characteristics of CRSC and CRDP:
2005 Example CRSC CRPD
Full Concurrent Receipt YES No-10 yr phase in (except 100% rating)
Payment at 50% combined rating $663 $153
VA Rating Starts At 10% 50%
Compensation Retroactive Not Retroactive
Taxable Tax Free Taxable
Individual Unemployment (UI) YES NO
Survivor Benefit NO NO
File Claims YES NO-Automatic
Qualified Injury Combat-Linked Service Connected
Are you eligible?
Eligible claimants are/have
* Retired with 20 yrs Active or Reserve Duty;
* Receiving retired pay;
* Retired pay must be offset by VA payments;
* a 10%+ disability rating; and
*At least one combat-related disability.
Combat-related criteria include those rated disabilities that occurred under the following situations:
* In the performance of duty under conditions simulating war (e.g., named exercises, routine field training exercises)
* While engaged in hazardous service (e.g., flight, diving, parachute duty)
* Through an instrumentality of war (e.g., combat vehicles, weapons)
* As a direct result of armed conflict (e.g., Purple Heart)
OR
* Presumptive cases (e.g., Agent Orange, radiation exposure, Post Traumatic Stress Disorder)
Eligible Retirees should submit their claim today!
For more information on how to apply for CRSC, please contact the Service that you retired from:
NAVY and MARINE CORPS - 1-877-366-2772
ARMY - 1-866-281-3254; http://www.crsc.army.mil
Air Force- 1-800-616-3775; http://afpc.randolph.af.mil/disability/CRSC/CRSCnew.htm
COAST GUARD: Commander (adm-1-CRSC0; U.S. Coast Guard; Personnel Command; 4200 Wilson Boulevard; Arlington, VA 22203-1804
NOAA CORPS: Director, Commissioned Personnel Center; SSMC3/Room 12100; 1315 East West Highway; Silver Spring, MD 20910
PUBLIC HEALTH SERVICE: United States Public Health Service; Division of Commissioned Personnel; Office of the Director, Room 4A-15; 5600 Fishers Lane; Rockville, MD 20857-0001"
Articles taken from Military.com posting; 9/19/2005