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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33073
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was medically retired on July 29, 2016 with an enlistment

Customer Question

I was medically retired on July 29, 2016 with an enlistment date of 9/11/1993. I was rated at 50% combated connected injuries. I was rated by the VA at 90%. I received my first retirement LES today and there is a 319.00 va waiver deducted from my check and DFAS saying they have to audit my account. The LES really doesn't explain it. My question is it was my understanding that since I am over 20 years and with a VA rating of over 50% and a military rating of 50% that I would not be penalized. So I don't understand what is going on. Can y help me?Respectfully, *****
Submitted: 3 months ago.
Category: Military Law
Expert:  P. Simmons replied 3 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 3 months ago.

Going to need more information. Were you a reservist?

Customer: replied 3 months ago.
No I was active duty the entire time
Expert:  P. Simmons replied 3 months ago.

So you retired for years (you are drawing regular retirement)?

Customer: replied 3 months ago.
No I am at my temp job and cannot talk
Expert:  P. Simmons replied 3 months ago.

That was a question...did you retire for years (so you retired with 20 or more years service and are drawing regular retired pay)?

Customer: replied 3 months ago.
I had enough years to retire, but I am considered a permanently disabled medical retiree whose disabilities and a result of combat. My track was hit by a mortar when we invaded Iraq in 2003. I was with 3rd ID. So I have had 3 back surgeries, shoulder etc.
Expert:  P. Simmons replied 3 months ago.

If you retired for years (20 or more years...even if you have a medical designation), and you have a VA rating of 50% or more then you are eligible for CRDP (combined receipt of disability pay).

SO you get to keep both

I do not know why the are auditing. But you are eligible for CRDP

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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