Newbie question

Discussion in 'VA Procedures' started by 3idTanker, May 31, 2008.

  1. 3idTanker

    3idTanker New Member

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    I was put on the TDRL and retired with 30% in Jan 2008. My retirement pay is tax free due to it being combat related. My claim for Social Security Disability was approved and I will start receiving some SS $ in July. I currently have several claims in for the VA. My question is since my Army retirement is tax free, will it still be offset by whatever va pay I could qualify for? Also with CRSC I am confused. Do I have to let the VA offset my retired pay in order to qualify for CRSC? On more thing, I am scheduled for a TDRL review in November. If found stable and the TDRL review keeps me at 30% does this mean my retirement will go from 50% down to 30%? I know these are a lot of questions but this is all brand new to me. I did several searches before I started asking these questions. Thank you.:confused:

    BTW, I was retired with 16 years of service for sever PTSD and major depression.
  2. TinCanMan

    TinCanMan Active Member

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    In order to receive VA compensation you must agree to allow DFAS to offset an equal amount of retired pay. VA compensation is also non-taxable. With less than 20 years, you are not eligible for CRDP. You are eligible for CRSC which is in addition to VA compensation and Retirement pay but it is only for conditions the Navy determines are combat related and is limited by the amount of retired pay offset. Not sure what happens when you go from TDRL to PDRL

    OK, I just did a bit of research and it appears you lose the 50% minimum when you go to PDRL, but in your case it doesn't drop to 30%. Method "B" below from the DFAS site says you can be calculated by years of service. ISTM, that should give you 40%

    http://www.dfas.mil/retiredpay/disabilityretirements.html

    Temporary Disability Retirement List (TDRL)

    If , as the result of a Physical Evaluation Board finding, you are found unfit to perform your duties by reason of a disability which may not be of a permanent nature, you may be placed on the Temporary Disability Retired List under the authority of 10 USC 1202 or 1205.

    The retired pay is computed under two different methods. Method A is based on the disability percentage (minimum of 50% for payment purposes while on the TDRL). Method B is based on the years of active service. Pay is established by whichever method provides the greatest entitlement.

    While on the TDRL, a physical examination shall be given at least once every 18 months. You may remain on the TDRL up to 5 years. However, final action may be taken at any time based on changes to your condition. If, as a result of the periodic examination, you are found fit for duty, you may be discharged from the TDRL and returned to active duty. If your disability has stabilized and is rated at 30% or greater, you will be transferred to the Permanent Disability Retired List (PDRL). If your disability has stabilized and is rated at less than 30%, and you do not have 20 years of service, you will be discharged from the TDRL with severance pay. If found fit for duty, you will be discharged from the TDRL and returned to duty, or discharged without severance pay.

    Permanent Disability Retired List (PDRL)

    If you have been found to be unfit by reason of disability that is found to be of a permanent nature and have been rated at 30% or greater, or if rated at less than 30% but have 20 or more years of service, you will be placed on the PDRL under authority of 10 USC 1201 or 1204. This is a permanent status.

    Retired pay is computed under the same two methods stated in the TDRL section above, with the exception of the 50% minimum. A member of the TDRL whose disability is now considered to be of a permanent nature will be transferred to the PDRL and the retired pay is computed using the same retired pay base utilized while on the TDRL and the new percentage (no longer a 50% minimum).
  3. 3idTanker

    3idTanker New Member

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    Thank you for your prompt reply.:)

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