In the past, it was not possible to receive VA disability benefits such as Total Disability Individual Unemployability (TDIU) at the same time you were receiving military retirement pay due to government rules that prevented “double dipping” in benefit programs. Today, however, certain Veterans may qualify for both programs under the Concurrent Retirement and Disability Pay (CRDP) guidelines.
How CRDP Rules Affect Disabled Veterans
Under CDRP rules, retired Veterans with at least 20 years of service who meet the criteria for TDIU benefits can legally receive their entire VA disability compensation benefit and their full military retirement payments retroactive to December 31, 2014.
For Veterans who do not qualify for TDIU, the following terms apply:
- Those with at least 20 years of service and a 100% service-connected disability rating under schedular criteria can receive their full VA disability compensation benefit and their full entire military retirement payment. This policy took effect on January 1, 2005.
- Those with at least 20 years of service and a service-connected disability rating between 50% and 90% can receive their entire VA disability compensation benefit as well as their full retirement benefit. This policy took effect on December 31, 2013.
- Those with at least 20 years of service and a disability rating under 50% are required to waive the amount of retirement pay equal to the amount of VA disability benefits they receive. However, this can offer tax advantages since disability pay is tax-free and retirement pay is often taxable.
You do not need to apply for CDRP. If the Defense Finance and Accounting Service (DFAS) determines that you qualify to receive full disability benefits as well as full retirement pay, your payments will be processed automatically. DFAS will also review your file to determine if any retroactive payments are due.
Speak to an Experienced Veterans Benefits Attorney Today
VA rules regarding TDIU and other benefit programs are notoriously complex. If you are having trouble accessing the benefits you believe you are legally entitled to receive, the office of Sean Kendall, Attorney-at-Law, is here to help. Contact us today to request a consultation.