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Recent CRSC questions

For P. We talked before about my VA disability As discussed,

For P Simmons. We talked before about my VA disability As discussed, I just received an increase from 50% to 100%, retroactive to 2011. The decision came from a hearing in December. I had received a letter telling me I would get only $ Now I have received a letter from the VA with a table using the words Total VA Benefit, Amount Withheld, Amount Paid, and Effective Date. The letter goes on to say "You are not allowed to receive full retired pay and full VA compensation at the same time...You may be eligible for full or partial concurrent receipt of VA compensation and military retired pay under the CRSC or CRDP programs. If your RPC determines the withholding from your VA compensation should be retroactively adjusted due to CRDP, VA will notified and will adjust your VA compensation accordingly. " Does this mean that I may not get full concurrent pay or that I have to wait to find out if I deserve it?

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P. Simmons

Attorney

Doctoral Degree

37,422 satisfied customers
I have been medical boarded at 19 years, 9 months and 22

I have been medical boarded at 19 years, 9 months and 22 days. At a 30% rate and VA 80% combat related. I was forced out and not sure if I can fight for 100% retirement after decision was made and all of my appeals. ThanksJA: Have you talked to anyone in the chain of command about this?Customer: Ive been out for 2 years now to try to work this on my own through the VA as directedJA: Anything else you want the lawyer to know before I connect you?Customer: I was recently evaluated by the VA for 100% rating as I am getting worse and might be limited in working

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P. Simmons

Attorney

Doctoral Degree

37,422 satisfied customers
If i opt out of my retirement pay to the crsc do i still

if i opt out of my retirement pay to the crsc do i still have to pay my ex spouse?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: I'm in texas and I devorced hear in 2004 and just retire last year in the decree it state that i have to get her part of my retirementJA: Have you talked to a lawyer yet?Customer: I have but, she stated that; that would cause other problemsJA: Anything else you think the lawyer should know?Customer: I just think that she should be able to if I'm opting out of the retirement. When we divorced I had just returned from Iraq and it was a mess and I should have made sure that I had really done research on a good lawyer!

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P. Simmons

Attorney

Doctoral Degree

37,422 satisfied customers
Can you review my Divorce Decree, Tell me if they can do what

can you review my Divorce Decree, Tell me if they can do what they are ordering me to do. I'm 100% disable W/ VA disability and CRSC. My retirement pay is waved by crsc. Also I want to know if they order me to give my ex. sbp for ever. I can email you the Decree of Divorcee.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,364 satisfied customers
IS concurrent lump sum payment of CRSC regarded an marital

IS concurrent lump sum payment of CRSC regarded an marital asset for distribution, when that payment is made and for dates following the final divorce, if there has *not* been any reduction of Retirement benefits paid to the ex spouse?

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Lawrence D. Gorin

Attorney at Law

J.D. (Juris Doctor)

1,462 satisfied customers
I was given a 15 year retirement from the National Guard due

I was given a 15 year retirement from the National Guard due to failure to meet physical standards for retention. I had just returned from Iraq (2nd tour) and had received a variety of injuries (all VA service connected). I was given the choice of agreeing to a discharge and 15 year letter, which granted me retirement pay at 60 or going to a non-duty related MEB. I argued that all of my listed injuries or medical conditions were the result of active service and in the line of duty. The issue is I will turn 60 next June and will be filing for CRSC, as my VA compensation is greater than my retirement pay will be. However DFAS has 2 copies of my retirement pay eligibility letter. The first mentions USC Section 12731a and c. The final letter was corrected to mention only 12731a. If I have a "c" designator I will be denied CRSC. DFAS stated that they will use the letter I filed with my retirement package. However, an advisor stated that they could end up using either. I am attempting to line up Legal Representation, in advance, in order to fight to have any discrepancy that may need to be corrected, as I do not know how an issue like this is resolved.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,364 satisfied customers
An army military disabled Purple Heart recipiant of 14 years

An army military disabled Purple Heart recipiant of 14 years is going through a divorce after 9 years of marriage. After his 2nd tour he was seriously hurt during combat. He returned to the hospital in Texas. She had already moved back to ohio with the children. As he was getting his disability paperwork done at the hospital she picked out a house to buy with va loan. She was put on the loan and the deed. When he returned to ohio he had found out that his wife was with someone else. He filed for divorce and now she is wanting the house, the car ( which is being paid for through the bank due to his disability) his motorcycle, half of his pay ( crsc, social security and va disability). She did work 5 years out of the marriage. Child support has already been aplied due to the children also get social security. The judge also ordered him to pay part of her legal fees and more money for child support on top of the monies that are paid through social security. He has not yet retained an attorney but is in the process.

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P. Simmons

Attorney

Doctoral Degree

37,422 satisfied customers
I received a 100% (all combat injuries) medical retirement

I received a 100% (all combat injuries) medical retirement from the Army. I've just been rated at 100% permanent and total with the VA. Will I receive both my military retirement and VA compensation?

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P. Simmons

Attorney

Doctoral Degree

37,422 satisfied customers
How do I prove my 100% service connected disability (Lung cancer,

How do I prove my 100% service connected disability (Lung cancer, kidney disease membranous glomeruli nephritis) is combat related so I can submit to the CRSC board? I have a letter from the VA stating it is a service-connected disability as a result of service in the Gulf War, I have a letter from my primary care physician that has seen me since I was sent home to die along with a letter stating none of my family members have had lung cancer and the median age for a lung cancer diagnosis is 70 years of age. Only 2% of all lung cancer patients are 45 and under I was 34. Since being medically retired by health has deteriorated and I also have a letter of recognition for the numerous courier runs I did during the Gulf War where numerous scuds attacks occurred. What else do you think I need to prove this is combat related when I was diagnosed after the Gulf War? Any suggestions?

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P. Simmons

Attorney

Doctoral Degree

37,422 satisfied customers
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