How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14430
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

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: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 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 ?