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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13549
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a medically retired

Customer Question

I am a medically retired military person (16 years of active service) with a permanent 60 percent award. Subsequently, the VA awarded me 100 percent permanently. With reference to CRDP, would I qualify for Concurrent Receipt, effective with January 1, 2014? I served in Vietnam; but was declined for CRSC. While I was Air force without direct combat exposures, I, per the law, had exposure to Agent Orange; just by being present in the country. That chemical is, as you are aware, considered an Instrument of War. While I was declined for that measure, I am concerned about my qualification for CRDP. Your response would be appreciated. Thank you sir. Frank XXXX

Submitted: 3 years ago.
Category: Military Law
Expert:  P. Simmons replied 3 years ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience. I currently serve as a VSO (Veterans Services Officer) helping veterans file claims with the VA.

CRDP (Concurrent Retirement and Disability Pay) requires 20 years of service. So if you were medically retired, short of 20 years you are not eligible for this program. There is no waiver provision.

Now...because of folks like yourself, who were medically retired and therefore ineligible for CRDP, Congress passed CRSC (Combat-Related Special Compensation). This is similar to CRDP (in that if you qualify you are able to received both VA compensation and military retired pay). But it is different in that in order to qualify you must have a "combat related" VA-rated disability.

Agent Orange was used as an "instrument of war"...can you tell me, what is your 60% rating for? What disability or disabilities ?

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