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Puerto Vallarta News NetworkVallarta Living | Veteran Affairs | August 2007 

New Compensation Programs for Veterans
email this pageprint this pageemail usDavid Lord - PVNN


The programs now established to enhance income for Combat Veterans and those that are Retired Military are listed here for your review. Those Veterans having disabilities which resulted from Military Service should review these programs, very little has been done to promote these programs in the public domain.

Combat-Related Special Compensation (CRSC) Eligibility Requirements:

Retirees must have 20-years of service based upon longevity
Retirees under Temporary Early Retirement Authority (TERA) and disability retirees with less than 20-years of service are not eligible to receive CRSC.
Guard or Reserve retirees must receive a 20-year letter and be age 60
CRSC is not retired pay
CRSC is not taxable
CRSC is subject to collection actions for alimony, child support, community property, garnishment, and government debt
Retirees must apply to the CRSC Board from the branch of service from which retired
CRSC is not subject to Uniform Services Former Spouse Protection Act (USFSPA)

Concurrent Retirement and Disability Payment (CRDP) Eligibility Requirements:

Disability retirees must have 20-years of service based upon longevity
Retirees under Temporary Early Retirement Authority (TERA) with less than 20-years are eligible to receive CRDP.
Retirees must have VA established service connected disabilities of 50% or higher
CRDP is retired pay
CRDP is taxable
CRDP is subject to collection actions for alimony, child support, community property, garnishment, and government debt
CRDP phase-in has been eliminated for retirees rated at 100% disabled, effective January 1, 2005
CRDP phase-in will be eliminated for retirees deemed unemployable on October 1, 2009
CRDP is subject to Uniform Services Former Spouse Protection Act (USFPA)
CRDP enrollment is automatic

Who is a Retiree?

Retirees under Temporary Early Retirement Authority (TERA) with less than 20-years are eligible to receive CRDP.
Retirees under Temporary Early Retirement Authority (TERA) and disability retirees with less than 20-years of service are not eligible to receive CRSC.
Retirees who retired due to disability must have 20-years of service
Reservist and National Guard members need to have 20 years of qualifying service (active and inactive) to retire at age 60. Qualifying reserve component retirees must waive retired pay until they reach age 60. Once they meet the age requirement and longevity requirement CRSC and CRDP rules apply. The requirements outlined also apply to reservist who retired based upon disability, Chapter 61.
Fleet Reserve and Fleet Marine Reserve: Members who transfer to the retainer list (prior to October 1, 1977) could have done so with 19-years, 6 months of active service. For purposes of CRSC and CRDP those retirees are eligible. Those who transfer after that date must have at least 20-years of active service.
Military/Civil Service Retiree: Retirees who waived their retired pay to enable them to combine their service (military and civilian) to retire from the Civil Service are not eligible for neither CRSC nor CRDP.

Chapter 61 Disability Retirees:

The retired pay of a member retired under Chapter 61 with 20-years or more of creditable service, at the time of retirement, is subject to reduction. The amount of reduction will only encompass the amount that exceeds the member's retired pay in which he or she would have been entitled to under any other provision of the law based upon longevity. (See U.S.C. Title 10, subtitle A, Part II, Chapter 71 1414 (b)(1).

Individual Unemployability

Effective October 1, 2009, phase-in for veterans receiving compensation at the 100 percent rate based on Individual Unemployability will be eliminated.

Dual Entitlement

When a veteran is entitled to both CRSC and CRDP the "greater benefit" issue is never a factor. If the veteran is in receipt of CRDP and submits evidence of CRSC entitlement, or the veteran in receipt of CRSC combined evaluation has been increased to 50% or higher, thus CRDP entitlement is warranted, VA will not retroactively or pro actively adjust, until we receive official notification from DFAS that there has been a change in program.

Coast Guard retirees are allowed to switch programs from month to month based upon the most advantageous. Therefore, VA will need to call the Coast Guard Retired Pay section directly at (785) 339-8724 prior to adjusting any award.

CRSC Development Required

On all claims for increase for military retirees meeting the eligibility requirements for entitlement to Combat-Related Special Compensation or Concurrent Retirement and Disability Payment development should be initiated regarding entitlement to CRSC and current program status.

The VSR must ask the veteran to respond to the following questions:

Are you in receipt of Combat-Related Special Compensation? If so, please submit a copy of your most recent award notification letter from your Service Board.
Are you in receipt of Concurrent Retirement and Disability Pay?
Have you made an election to switch from any of the programs? What date did you file your application?
David Lord served in Vietnam as combat Marine for 1st Battalion 26th Marines, during which time he was severely wounded. He received the Purple Heart and the Presidential Unit Citation for his actions during the war in Vietnam. In Mexico, David now represents all veterans south of the U.S. border all the way to Panama, before the V.A. and the Board of Veterans Appeals. David Lord provides service to veterans at no fee. Veterans are welcome to drop in and discuss claims/benefits to which they are entitled by law at his office located at Bayside Properties, 160 Francisca Rodriguez, tel.: 223-4424, call him at home 299-5367, on his cell: 044 (322) 205-1323, or email him at david.lord@yahoo.com.

Click HERE for more Veteran Affairs with David Lord »»»



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