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Mar 9 17 4:39 AM
S0arfre2 wrote:Currently at work day 120 in e-benefits since VA posted notification (8 Sep 2016) of the audit from DFAS for CRSC Retro and shows it as under review.
Mar 9 17 5:42 AM
Mar 9 17 7:10 AM
S0arfre2 wrote:average of $530 a month for 72 Months(actually a few more than 72) but I know they only go back 6 years. Just posting my timeline so others can get an idea of what could be their timeline. Winston Salem is my Regional Office
Mar 17 17 4:53 PM
Mar 17 17 6:03 PM
Mar 18 17 12:53 AM
Ron91 wrote:A few comments:
--Whenever a Chapter 61 retiree receives VA compensation, he/she must waive retired pay dollar for dollar in the amount of the VA compensation received.
--CRDP restores waived retired pay for those eligible (not to exceed the dollar amount of the longevity portion of their retired pay) and CRSC replaces some or all of waived retired pay not to exceed the longevity portion of their retired pay OR the approved CRSC percentage approved by the service concerned (whichever is the lesser).
--I suspect your DoD disability retirement at 90% (payment cannot exceed 75%) is more than the dollar amount of the longevity portion of your disability retirement. This presents a situation where one will have more waived (lost) retired pay than what can be restored via CRDP or replaced via CRSC.
--With regard to your retired pay being non-taxable, the following DFAS URL discusses some of the circumstances where retired pay would be non-taxable: https://www.dfas.mil/retiredmilitary/manage/taxes/isittaxable.html
--CRDP is taxable and CRSC is non-taxable.
--You can request (in writing) an audit and explanation of your pay from DFAS.
Defense Finance and Accounting Service
U.S. Military Retired Pay
P.O. Box 7130
London, KY 40742-7130
RonThanks.I was really looking for an opinion why they would decide for me that I am benefiting from something when it that appears I am not. And thanks for the DFAS info. Next time I want more frustration in my life I wall try calling. Or maybe I can write to them and it may or may not ever be answered. Kind of like my CRSC application that took 15 months... "This presents a situation where one will have more waived (lost) retired
pay than what can be restored via CRDP or replaced via CRSC"I still don't understand what is "restored" and what is "waived" No service member should lose a penny. I never waived anything. A waiver is voluntary. They TAKE it from me. If you earn full retirement you should get it. If you are awarded a VA rating you should get all of that as well. Make sense?
Mar 18 17 1:52 AM
Mar 18 17 2:10 AM
Ron91 wrote:Re: "I still don't understand what is "restored" and what is "waived" No service member should lose a penny. I never waived anything. A waiver is voluntary. They TAKE it from me."
1. Yes, you did agree to waive retired pay in order to receive VA compensation. You did so on your VA claim form. If you did not agree to waive retired pay, you would not be receiving VA compensation.
2. By law, a retiree must waive (lose) retired pay dollar for dollar in the amount of VA compensation received. Until 2003, military retirees eligible for disability compensation could not receive both their full retirement annuity and their disability compensation. Instead, they had to choose between receiving their full retirement annuity from DoD or receiving their disability benefit from VA and forgoing an equal amount of their DoD retirement pay.
3. As a result of several laws, starting with the National Defense Authorization Act for 2003, two classes of retired military personnel who receive VA disability compensation (including those who retired before the enactment of those laws) can now receive payments that make up for part or all of the VA offset, benefiting from what is often called concurrent receipt. This is how you "benefit." Otherwise, you would not receive any payment in your case from DFAS while in receipt of VA compensation since the VA comp exceeds the amount of your retired pay and causes a full waiver.
4. DoD disability (Chaper 61) retired pay is not based on longevity retirement. Those retirees eligible for CRDP or CRSC can receive a restoration/replacement for the waived pay, not to exceed the dollar amount of their longevity retirement. CRDP/CRSC do not "give back" the portion of retirement that is in excess of the amount of the longevity retirement.
5. You can look at one of your DFAS RAS ("retirement statement") when you were receiving CRDP and page two will show how much CRDP is included in the gross retired pay on page one.
6. You showed the following:
GROSS PAY 2,742.00
VA WAIVER 785.00
SBP COSTS 178.87
NET PAY 1778.13
You also said you were rated 100% by the VA. If not for the Concurrent Receipt laws, you would have received zero from DFAS. All your retired pay would be waived (due to receipt of VA comp) and there would be no restoration. I suspect the VA waiver shown on the extract of your RAS ($785) is waived DoD disability pay that cannot be restored/replaced (i.e., it exceeds the amount of the dollar amount of your computed longevity retirement). Again, CRDP and CRSC do not return/replace the disability portion of retired pay.
7. Your elected representatives might be interested in your thoughts on this matter.
8. DFAS discusses CRDP and CRSC at https://www.dfas.mil/retiredmilitary/disability/payment.html
You might consider asking your VSO to explain the process to you if you still do not understand.
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