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M21-1, Part III, Subpart v, Chapter 5, Section A – Elections and Waivers in Military Retired Pay (MRP) Cases

Overview


In This Section

This section contains the following topics:

1.  Prohibition of Concurrent Payment of VA Benefits and MRP


Introduction

This topic contains information on the prohibition of concurrent payment of VA benefits and MRP, including

Change Date

March 4, 2019

III.v.5.A.1.a.Restriction on the Concurrent Payment of VA Benefits and MRP

38 U.S.C. 5304(a) provides a statutory restriction on the concurrent payment of military retired pay (MRP) and the following types of Department of Veterans Affairs (VA) benefits:
  • disability compensation
  • Section 306 Pension, and
  • Old Law Pension.
Notes:
  • Election of MRP or VA benefits may be made under the provisions of 38 CFR 3.750.  An election is not required in current-law pension cases.  The MRP counts as income.
  • The restriction on concurrent payment includes the additional benefit payable for dependents and
    • special monthly compensation (SMC), or
    • special monthly pension.
Important:
  • Some Veterans are entitled to
    • concurrent payment of disability compensation and MRP under the National Defense Authorization Act for Fiscal Year 2004, or
    • reimbursement for waived MRP under the National Defense Authorization Act for Fiscal Year 2003.
  • Retroactive stop-loss special pay that the Department of Defense (DoD) paid between September 11, 2001, and September 30, 2009, is notconsidered MRP.  Accordingly, there is no restriction on concurrent payment.
Reference:  For more information about the concurrent payment of disability compensation and MRP, see

III.v.5.A.1.b.Retainer Pay as a Form of MRP

Naval and Marine Corps enlisted personnel with 20 or more years but less than 30 years of service may request transfer to the Fleet Reserve or Fleet Marine Corps Reserve and receive retainer pay.
Retainer pay and MRP are similar in that neither may be awarded concurrently with VA disability compensation, Section 306 Pension, or Old Law Pension.  The retainer pay, as a form of MRP, must be waived under 38 CFR 3.750 before a Veteran may receive any of these three VA benefits.

III.v.5.A.1.c.Prohibition Under 38 CFR 3.750 of Combined Benefits to Exceed the Amount of the Greater Benefit

38 CFR 3.750(c) prohibits the total of the monthly payments (combined VA benefits and MRP) to the Veteran from exceeding the greater amount of the following benefits:
  • the VA benefit, or
  • the MRP or retainer pay.

III.v.5.A.1.d.Unrestricted Election, Reelection, or Waiver of MRP

Per 38 CFR 3.750(d), there is no restriction on the right of election, reelection, or waiver of MRP by
  • members of the Armed Forces, or
  • commissioned officers of the
    • National Oceanic and Atmospheric Administration (NOAA), or
    • United States Public Health Service (PHS).
Note:  Previous agencies of the Coast and Geodetic Survey and Environmental Science Services Administration were incorporated into NOAA.

III.v.5.A.1.e.Advantage of Waiving MRP

Veterans frequently waive only so much of their MRP or retainer pay as is equal to the amount of disability compensation, Section 306 Pension, or Old Law Pension to which they are entitled.
Since disability compensation, Section 306 Pension, and Old Law Pension are not taxable benefits, but MRP from the Armed Forces based on age or length of service is taxable, there is an obvious advantage for a Veteran to waive MRP.
Note:  When MRP is waived in claims for Section 306 Pension or Old Law Pension, 90 percent of the waived MRP counts as income following the 10-percent statutory exclusion, per 38 CFR 3.262(e)(2) and 38 CFR 3.262(h).

III.v.5.A.1.f.Determining Whether a Veteran Receives MRP

To avoid overpayments, carefully examine the following information sources to determine if MRP has been granted:
If it cannot be determined whether a service department is paying MRP,
  • request such information from the Veteran, and
  • ensure that the service department verifies any conflicting information.
Note:  VA discontinued the use of VA Form 21-526 on February 19, 2019.
References:  For more information about

III.v.5.A.1.g.Verifying the Amount of MRP a Veteran Receives

MRP and Survivor Benefit Plan payments may be verified on the BIRLS MISCELLANEOUS INFO screen in Share.  This screen displays the MRP rate for the current and previous year.
If the Veteran was recently discharged, or MRP information is not available in Share,
  • call Defense Finance and Accounting Service (DFAS) by dialing 1-800-321-1080 to obtain MRP information for Air Force, Army, Marine Corps, and Navy retirees
  • utilize the Retired Casualty Pay Subsystem (RCPS) to obtain MRP information for Air Force, Army, and Marine Corps retirees
  • call the Coast Guard by dialing 1-800-772-8724 to obtain MRP information for Coast Guard, NOAA, and PHS retirees
  • select the DFAS PAYMENTS tab in VIS to view MRP information for all uniformed service retirees, including the Coast Guard, NOAA, and PHS retirees, or
  • contact the local regional office’s (RO’s) MRP Coordinator, if one has been appointed, for assistance.
References:  For more information about

III.v.5.A.1.h.Deferring Award Action in the Absence of an Election or Waiver

If a Veteran in receipt of MRP, including one on the Temporary Disability Retirement List (TDRL), becomes entitled to disability compensation, take no award action in the absence of an election or an effective waiver.
Reference:  For more information on removal of a Veteran from the TDRL, seeM21-1, Part III, Subpart v, 5.B.6.

2.  Obtaining an Election or Waiver of MRP


Introduction

This topic contains information on obtaining an election or waiver of MRP, including

Change Date

March 4, 2019

III.v.5.A.2.a.  Determining Whether a Waiver of MRP Is Required

A Veteran entitled to MRP must waive his/her MRP in order to receive disability compensation.
Exception:  Per 10 U.S.C. 141438 U.S.C. 5305, and 38 CFR 3.750(c), a waiver of MRP is not required when a Veteran is eligible for full Concurrent Retirement and Disability Pay (CRDP).
Note:  The renouncement of disability compensation, as discussed in M21-1, Part III, Subpart ii, 2.H, is not the same as not waiving MRP based on receipt of disability compensation.
Reference:  For information about determining whether a Veteran is eligible for full CRDP, see M21-1, Part III, Subpart v, 5.A.2.f.

III.v.5.A.2.b.Accepting an Application for Benefits as an Election or Waiver

Per 38 CFR 3.750(c), a Veteran’s application for VA benefits on VA Form 21-526(edition of November 1977 or later), VA Form 21-526c, or VA Form 21-526EZconstitutes an election or waiver in the absence of a specific statement to the contrary.
Note:  VA discontinued the use of VA Form 21-526 on February 19, 2019.
  • Waivers/elections Veterans made on the form prior to this date remain valid.
  • Continue to accept waivers/elections Veterans make on the form after this date if any of the exceptions described in M21-1, Part III, Subpart ii, 1.C.8.a, apply.

III.v.5.A.2.c.Using VA Form 21-651 to Obtain an Election or Waiver

When furnishing the form to the Veteran or fiduciary, complete the first five items.  The form includes instructions to the Veteran or fiduciary to sign and date the form and return it to the VA office shown in Block 1 of the form.

III.v.5.A.2.d.Interacting With RPCs to Certify an Election or Waiver

Retired pay centers (RPCs) accept award action by VA as certification that an election or waiver is on file with VA without requiring “hard copy” documentation.
VA is responsible for providing RPCs with a completed copy of one of the forms listed in M21-1, Part III, Subpart v, 5.A.2.e (or other relevant documentation) only upon receipt of a specific request..  Do not routinely forward election or waiver forms to RPCs.
Note:  When an RPC does request a copy of VA Form 21-651 or other form constituting an election or waiver, the responding RO must prepare a locally generated letter that shows the amounts and effective dates of VA’s payment of compensation.

III.v.5.A.2.e.Action to Take Upon Receipt of an Election or Waiver and Establishment of Entitlement to VA Benefits

Take award action in accordance with instructions in M21-1, Part III, Subpart v, 5.B.1 when VA
Notes:
  • Do not defer award action pending confirmation from the RPC of a waiver of MRP.
  • VA discontinued the use of VA Form 21-526 on February 19, 2019.
    • Waivers/elections Veterans made on the form prior to this date remain valid.
    • Continue to accept waivers/elections Veterans make on the formafter this date if any of the exceptions described in M21-1, Part III, Subpart ii, 1.C.8.a, apply.

III.v.5.A.2.f.  Determining Whether a Veteran is Eligible for Full CRDP

A Veteran is eligible for full CRDP if
  • he/she is retired for any reason other than disability
  • VA paid disability compensation to the Veteran based on a combined disability rating of
    • at least 50 percent from January 1, 2014, or
    • 100 percent (including a rating of total disability based on individual unemployability (TDIU)) from January 1, 2005, and
  • the Veteran has not established eligibility for Combat-Related Special Compensation (CRSC).

III.v.5.A.2.g.  Documenting Eligibility for Full CRDP

After determining a waiver of MRP is not required because a Veteran is eligible for full CRDP, claims processors must upload into the Veteran’s electronic claims folder (eFolder) the documentation described in the right-hand column of the table below as proof the Veteran meets the eligibility requirement listed in the left-hand column.
Eligibility Requirement
Documentation
The Veteran is retired for any reason other than disability.
Screenshot of the
  • MILITARY HISTORY segment in VIS that displays AB, or C in the column labeledRet Type
  • DFAS/CG PAYMENTS screen in VIS that displays AB, or C in the column labeledRet Type Cd, or
  • HUNT MBRENT screen in RCPS that displays something other than
    • no RET LAW field, or
    • a RET LAW field that is blank or contains one of the following entries:  1201120212041205, or 0000.
Notes:
  • When RCPS and VIS contain conflicting data, use the data in RCPS, as it is more up-to-date.
  • RCPS does not contain data for Veterans that retired from the Coast Guard, PHS, or NOAA.
Reference:  For more information about using VIS, see the VIS User Guide.
The Veteran has not established CRSC eligibility.
  • If the Veteran retired from the Army, Navy, Air Force, or Marine Corps, documentation consists of a screenshot of the SCCR screen in RCPS that displays the
    • correct Social Security number (SSN), and
    • message SSN WAS NOT FOUND IN THE CRSC MASTER.
  • If the Veteran retired from the Coast Guard, PHS, or NOAA, documentation consists of a VA Form 27-0820, Report of General Information, on which a claims processor has documented certification from the Coast Guard Retiree and Annuitant Service Branch (CGRASB) that the Veteran has not established CRSC eligibility.
    • Claims processors may obtain the referenced certification from CGRASB by calling 800-772-8724 or 785-339-3415.
    • Claims processors may disregard the checkboxes on VA Form 27-0820 to the right of which reads
      • I certify that I properly identified my caller using the ID Protocol, and
      • I read the following statement to the caller.
Notes:
  • To view relevant data on the SCCR screen in RCPS,
    • type SCCR in the upper left-hand corner of the first screen that appears after accessing RCPS
    • press the ENTER key on the keyboard, and
    • enter the Veteran’s SSN in the field that follows SCCR – leaving one blank space between SCCRand the Veteran’s SSN – on the CRSC ACCOUNT INQUIRY screen.
  • Use the F3 key to exit the SCCR screen.
Reference:  For more information about using RCPS, see M21-1, Part III, Subpart v, 5.B.3.

III.v.5.A.2.h.Notifying Insurance Service of an Election or Waiver of VA Benefits

Follow the procedures in M21-1, Part III, Subpart iv, 7.A.2.c to notify Insurance Service of an election or waiver of VA benefits.

3.  Handling a Claim With an Election or Waiver of MRP


Introduction

This topic contains information on handling a claim with an election or waiver of MRP, including

Change Date

March 4, 2019

III.v.5.A.3.a.Process for Handling a Statement of an Election or Waiver of MRP

Follow the instructions in the table below when VA grants service connection (SC), and either the Veteran or his/her fiduciary
  • submits a statement indicating that the Veteran does not want the claim to constitute a waiver of MRP, or
  • elects MRP instead of disability compensation by submitting a signed
Exception:  If a Veteran who is not eligible for MRP takes one of the actions described in the preceding paragraph,
  • process the rating decision but disregard the steps in the table below, and
  • notify the Veteran in the corresponding decision notice that VA cannot act on his/her election because he/she is not eligible for MRP.
Step
Action
Reference
1
  • Process the rating decision.
  • Deny entitlement to compensation by selecting No Waiver of Retired Pay on the BASIC ELIGIBILITY screen in the awards processing system.
Important:  Rating decision data becomes part of the Veteran’s corporate record only when an award is processed.
Reference:  For more information about processing a basic eligibility denial in the
See M21-1, Part III, Subpart v, 5.A.1.
2
Notify the Veteran of the determination made on his/her claim.
3
Inform the Veteran of the restriction of concurrent payments of VA benefits and MRP and how to elect VA compensation.
4
Inform the Veteran of the effective date for the VA benefit payments if a waiver is received.
5
Inform the Veteran of the effect that the recoupment of readjustment or separation pay has on VA’s offset of benefits for MRP, if necessary.
6
Inform the Veteran of his/her eligibility for ancillary benefits.
7
If the rating activity has determined that a review examination is necessary, maintain a future diary for the examination.
 
Notes:
  • The instructions in this and the other blocks in Topic 3 apply only to initialawards of disability compensation.  They do not apply to cases in which
    • VA has already determined entitlement to disability compensation, and
    • the Veteran has already elected MRP or disability compensation.
  • Follow the instructions in  M21-1, Part III, Subpart v, 5.B.5.c if a Veteran to whom VA has already awarded disability compensation marks one of the blocks on the forms referenced in the opening paragraph of this block.
  • VA discontinued the use of VA Form 21-526 on February 19, 2019.
    • Waivers/elections Veterans made on the form prior to this date remain valid.
    • Continue to accept waivers/elections Veterans make on the formafter this date if any of the exceptions described in M21-1, Part III, Subpart ii, 1.C.8.a, apply.

III.v.5.A.3.b.Notifying a Veteran Who Elected to Receive MRP of the Determinations VA Made on His/Her Claim

If VA denies a Veteran’s claim because he/she elected MRP instead of disability compensation, send a locally-generated letter to inform the Veteran of the
  • disabilities for which VA awarded SC
  • disabilities for which VA denied SC, and
  • rate payable, including
    • scheduled future changes, and
    • additional benefits payable because of, for example, dependents and/or entitlement to SMC.
References:  For more information on

III.v.5.A.3.c. Furnishing VA Form 21-651 and Informing the Veteran of the Restriction on Concurrent Payments

In addition to taking the actions described in M21-1, Part III, Subpart v, 5.A.3.a, when notifying the Veteran of the determination made on his/her claim,
  • furnish the Veteran with VA Form 21-651, per 38 U.S.C. 5304(a) and5305, and
  • inform the Veteran that
    • VA must deny his/her claim until VA receives the enclosed VA Form 21-651, because there is a statutory restriction on concurrent payments of disability compensation and the full amount of MRP, and
    • if VA receives VA Form 21-651 within one year of the date of the decision notice, VA will grant entitlement to benefits from the effective date shown in the decision notice, as if VA had not denied the claim, with payments subject to withholding until the Veteran’s service department makes corresponding adjustments to his/her MRP.

III.v.5.A.3.d.Effective Date of VA Benefit Payments When a Veteran Waives a Portion of His/Her MRP

If a Veteran waives a portion of his/her MRP, the full rate of disability compensation will begin as of the effective date of the reduction of his/her MRP.
Reference:  For additional information about the effective date referenced in the preceding paragraph, see  VAOPGCPREC 7-2001.

III.v.5.A.3.e.Effect of the Recoupment of Readjustment or Separation Pay on VA’s Offset of Benefits for Receipt of MRP

The recoupment of a prior award of readjustment or separation pay by a service department does not affect the VA offset for the receipt of MRP.
However, VA may be required to repay amounts of readjustment or separation pay previously recouped by VA.  If separation pay was recouped by both VA and the service department, VA may have to refund the amount of separation pay withheld.
Reference:  For more information on handling the recoupment of separation or readjustment pay by both VA and a service department, see M21-1, Part III, Subpart v, 4.B.2.i.

III.v.5.A.3.f.  Processing a Supplemental Claim VA Receives One Year or More After Denying a Claim Because the Veteran Elected to Receive MRP

If VA receives the following from a Veteran, one year or more after VA denied entitlement to disability compensation because the Veteran elected MRP, the authorization activity may grant entitlement to disability compensation, based on the most recent rating decision, effective the date of claim:
Exception:  Before the authorization activity may grant entitlement to disability compensation for a service-connected (SC) disability that, according to the most recent rating decision, is subject to a future review examination, the
  • Veteran must undergo a VA examination of the disability (unless the medical evidence of record is adequate (for rating purposes) to determine the current level of disability), and
  • rating activity must reevaluate the disability to determine whether it has improved.
Important:  The exception described in the previous paragraph applies only if the date the rating activity selected for the review examination has already passed.

III.v.5.A.3.g.Informing a Veteran of His/Her Eligibility for Ancillary Benefits

If a rating decision establishes basic eligibility to Dependents’ Educational Assistance (DEA) and/or ancillary benefits, VA must notify the Veteran of his/her eligibility, regardless of whether or not VA ultimately denies the Veteran’s claim because he/she elected to receive MRP.
Reference:  For more information on notifying a Veteran of his/her eligibility for

III.v.5.A.3.h.Control Requirement for a Review Examination When Benefits Are Not Paid

It is necessary to control future review examinations in a case in which monetary benefits are not being paid for compensable disability ratings, that is, a case in which MRP has not been waived.
Rationale:  The protective provisions of 38 U.S.C. 110 and 38 CFR 3.951 do notrequire a concurrent award of monetary benefits.
Note:  See VAOPGCPREC 5-1995 for discussion of a situation in which the protection of 38 U.S.C. 110 does not apply.

III.v.5.A.3.i.Establishing the Control for a Review Examination When Benefits Are Not Paid

If the rating activity determines that a review examination is necessary on a claim in which no monetary benefits are paid, follow the procedures in M21-1, Part III, Subpart iv, 3.C.2.b or c for establishing control for a future review examination.
References:  For guidelines on

III.v.5.A.3.j.Notifying Insurance Service After Denying a Veteran’s Claim Because He/She Elected to Receive MRP

After denying a Veteran’s claim because he/she elected to receive MRP instead of disability compensation, follow the procedures in M21-1, Part III, Subpart iv, 7.A.2.c to notify Insurance Service.

4.  Handling a Claim for Current-Law Pension


Introduction

This topic contains information on handling a claim for current-law pension including

Change Date

June 25, 2015

III.v.5.A.4.a.  No Requirement for Waiver of MRP for Current-Law Pension Claims

Effective October 1, 1980, an election or waiver is not required to pay current-law pension to a Veteran entitled to, or in receipt of, MRP.
Consider the amount of MRP as income, as with any other retirement income.

III.v.5.A.4.b.Handling an Election of  Current-Law Pension Over Disability Compensation, Section 306 Pension, or Old Law Pension

If a Veteran who is entitled to MRP elects current-law pension over disability compensation, Section 306 Pension, or Old Law pension,
  • send a locally-generated letter to the appropriate RPC, and
  • certify the date of award for current-law pension so that payment of MRP may be resumed.
Note:  Waived MRP counts as income for current-law pension under 38 CFR 3.276(a).
Reference:  For more information on contacting an RPC, see M21-1, Part III, Subpart v, 5.C.2.f.

5.  Handling Elections or Waivers of MRP in Incompetency Cases


Introduction

This topic contains information on handling elections or waivers of MRP in incompetency cases, including

Change Date

March 4, 2019

III.v.5.A.5.a. Who May Elect or Waive MRP With a Service Department Finding of Incompetency

If a service department finds that a Veteran is mentally incompetent, only a trustee or fiduciary recognized by one of the military services may make an election or waiver of MRP.
Do not accept an election or waiver based on a Veteran’s signature on the forms listed in M21-1, Part III, Subpart v, 5.A.2.e when a service department holds the Veteran to be incompetent.
If required under State law, a court must authorize the fiduciary or trustee to make an election or waiver before such election or waiver is processed.

III.v.5.A.5.b.Service Department Incompetency Determinations and the Designation of a Trustee

Per 37 U.S.C. 602, a board of medical officers or physicians is required to
  • find a member of the Armed Forces mentally incompetent, or
  • determine restored competency
If the board finds the member is incompetent, the Secretary of the Veteran’s service department designates a trustee to receive the Veteran’s MRP.

III.v.5.A.5.c.Handling a Service Department’s Finding of a Veteran’s Incompetency

Follow the steps in the table below to handle a service department’s finding of a Veteran’s incompetency.
Step
Action
1
Refer the service department’s findings to the rating activity for a competency rating.
Note:  Base this rating action on the Physical Evaluation Board findings, if possible. If needed, request that a VA examination be conducted in accordance with 38 CFR 3.326.
2
Does the evidence of record support a finding of incompetency?
  • If yes,
    • follow the instructions in M21-1, Part III, Subpart iv, 8.A.3.a for
      • preparing a proposed rating of incompetency, and
      • notifying the Veteran of the proposed rating, and
    • refer the case to the fiduciary hub of jurisdiction.
  • If no,
    • complete a final rating of competency
    • notify the Veteran of the decision, and
    • disregard the remaining steps in this table.
Note:  The fiduciary hub of jurisdiction is responsible for completing all final ratings of incompetency with the following exceptions:
  • The Veterans Service Center (VSC) that is co-located with the fiduciary hub of jurisdiction is responsible for completing the final rating of incompetency if, within 60 days of the date the Veteran received notice of the proposed rating of incompetency, he/she
    • submits additional evidence, or
    • requests a hearing.
  • The VSC or pension management center identified in M21-1, Part III, Subpart vi, 3.A.2.a is responsible for completing the final rating of incompetency for Veterans residing in a foreign country.
  • Integrated Disability Evaluation System disability rating activity sites (DRASs) and restricted-access claim centers (RACCs) are responsible for completing final ratings of incompetency for cases within their respective jurisdictions.
References:  For more information about
3
Did a fiduciary hub complete the final VA rating of incompetency?
4
Did the fiduciary hub recognize the same fiduciary as the service department?

III.v.5.A.5.d.Action to Take if a Fiduciary Hub Doesn’t Recognize a Service Department-Appointed Fiduciary

Use the table below to determine the appropriate action to take when a fiduciary hub does not recognize a service department’s appointment of a fiduciary.
If the fiduciary hub …
Then …
  • finds that the
    • military trustee is not acceptable as a VA fiduciary, or
    • already-appointed military trustee is no longer willing to serve as the VA fiduciary
  • certifies a new VA fiduciary, and
  • advises the authorization activity as to why the military trustee could not be recognized as a fiduciary
the authorization activity
  • forwards the fiduciary hub’s report with the waiver to the applicable service department, and
  • requests that the service department recognize the proposed VA fiduciary as the trustee with authority to waive MRP.
recommends a supervised direct payment to the beneficiary
a military trustee or VA fiduciary is still required to elect or waive MRP on the beneficiary’s behalf.

III.v.5.A.5.e.Handling an Election or Waiver From a Spouse-Payee

Upon receipt of an election or waiver of MRP from a spouse-payee who was appointed trustee by the military, prepare and furnish VA Form 21-592 to the fiduciary hub to either
  • determine the suitability of the spouse-payee, or
  • secure another fiduciary.

III.v.5.A.5.f.Handling an Election or Waiver From an Institutional Payee

Use the table below to determine the election or waiver requirements when a service department appoints an institution as a Veteran’s trustee.
If the service department appoints a …
Then the trustee may …
director or superintendent of a non-VA institution as the Veteran’s trustee
elect or waive MRP and apply for VA benefits.
Notes:
  • The trustee may not elect or waive VA benefits until VA recognizes the trustee as the fiduciary.
  • Authorization activity must refer VA Form 21-592 to the fiduciary hub for recognition of the fiduciary.
VA medical center as the Veteran’s trustee
not elect or waive VA benefits in lieu of MRP.
Note:  If the payment of VA benefits is more advantageous to the Veteran, refer VA Form 21-592 to the fiduciary hub for recognition of a fiduciary to make the appropriate election or waiver.

III.v.5.A.5.g. Advising a Fiduciary of a Reduction of VA Benefits and the Right to Reelect MRP

When VA awards benefits as a result of a total waiver of MRP then VA subsequently reduces or terminates benefits due to improvement in the Veteran’s condition, advise the Veteran’s fiduciary of the right to reelect MRP.
Note:  A reelection is not required if MRP exceeds the amount of VA benefits payable and there is a partial waiver in place.  Under these circumstances, the Veteran’s service department automatically adjusts his/her benefits.

III.v.5.A.5.h. What Service Departments Require Before They Will Accept an Election or Waiver Based on Restored Competency

As with a finding of incompetency, service departments will recognize a finding that a Veteran’s competency has been restored only if it is provided by a board of medical officers or physicians.
A VA rating of restored competency and the examination report on which it was based must
  • accompany any reelection of MRP by the Veteran, and
  • be submitted to, and accepted by, the Veteran’s service department before VA may take action on the Veteran’s election.

III.v.5.A.5.i.  Withholding Disability Compensation in Incompetency Cases 

If VA receives a waiver of MRP in an incompetency or proposed incompetency case, withhold disability compensation according to the instructions in M21-1, Part III, Subpart v, 5.Bwithout regard to where the Veteran’s case is in the process.
Important:  Enter withholdings for MRP on the RETIRED PAY tab of the AWARD ADJUSTMENTS screen in VBMS.  Never enter withholdings for MRP on the OTHER ADJUSTMENTS tab of the AWARD ADJUSTMENTS screen.

6.  CRDP


Introduction

This topic contains information on the concurrent payment of MRP and disability compensation, including

Change Date

March 4, 2019

III.v.5.A.6.a. History of SCSD

The Defense Authorization Act of 2000 established the benefit known as Special Compensation for Severely Disabled Retirees (SCSD), effective October 1, 1999.
The eligibility criteria for this benefit were liberalized effective October 1, 2001, and February 1, 2002.  The benefit was then repealed effective January 1, 2004, and replaced with CRDP.
DoD was responsible for administering the SCSD program and paying SCSD.  The amount of payment was based on the percent of the VA disability rating, and the payment was taxable.
The basic criteria for eligibility are shown in the table below.
Effective Date
Basic Eligibility Criteria
October 1, 1999
  • 20 years of qualifying service (military disability retirees were excluded)
  • SC disability rated 70-percent or more disabling, and
  • 70-percent disability rating within four years of military service
October 1, 2001
  • 20 years of qualifying service (military disability retirees were included)
  • SC disability rated 70-percent or more disabling, and
  • 70-percent disability rating within four years of military service
February 1, 2002
  • 20 years of qualifying service (military disability retirees were included)
  • SC disability rated 60-percent or more disabling, and
  • 60-percent disability rating within four years of military service
January 1, 2004
no eligibility (program repealed)
Note:  Although CRDP replaced SCSD, this brief history is provided for general information in case reference to SCSD is encountered during routine review of a Veteran’s records.

III.v.5.A.6.b.Overview of CRDP

The National Defense Authorization Act of 2004 established CRDP, effective January 1, 2004.  DoD is responsible for administering this program, the intended purpose of which was to phase out the offset of MRP for VA disability compensation over a 10-year period.
A Veteran may qualify for CRDP if he/she is a military retiree with a combined disability rating of at least 50 percent and he/she retired
  • based on length of service (including Veterans that were retired under Temporary Early Retirement Authority (TERA))
  • based on disability (10 U.S.C. Chapter 61) with at least 20 years of active service, or
  • from a Reserve component with 20 qualifying years of service and has reached retirement age.  (In most cases, the retirement age for reservists is 60, but some may start receiving MRP prior to age 60 under 10 U.S.C. 12731(f)(2)(A).  Those with 20 qualifying years of service who are receiving disability retired pay prior to their retirement age are not entitled to CRDP.  They may become eligible for CRDP when they reach their retirement age.)
Notes:
  • Do not automatically assume that the MRP a Veteran with 20 or more years of service receives is based on length of service.  Even with 20 or more years of service, a Veteran’s MRP may be based on disability.
  • If a Veteran with 20 or more years of service is receiving MRP based ondisability, CRDP is only applicable to that portion of his/her MRP that is based on length of service.
  • Prior to January 1, 2014, a Veteran in receipt of MRP based on length of service was entitled to CRDP only if the Veteran waived his/her MRP in order to receive disability compensation.  No such requirement currently exists.
  • The requirement to waive MRP was eliminated on January 1, 2005, for Veterans
    • in receipt of MRP based on length of service, and
    • who were rated 100-percent disabled or TDIU due to SC disabilities.
  • Veterans in receipt of MRP based on disability must still waive their MRP before they may receive CRDP.
Reference:  For more information on CRDP, see the Under Secretary of Defense, Personnel, and Readiness:  Military Compensation internet site.

III.v.5.A.6.c.Application for or Election of CRDP

An application for CRDP is not necessary.
  •  RPCs automatically
    • determine the amount of CRDP to which a Veteran was entitled, and
    • initiate payment to the Veteran.
  • Concurrent payment of both CRDP and CRSC) may not be made.  If a Veteran is eligible for both CRDP and CRSC, he/she may elect either benefit during the election open season.
  • DFAS sends out election information to eligible Veterans each December, while the Coast Guard sends the information in February.

III.v.5.A.6.d.Effect of CRDP on Waived Amounts of MRP

CRDP restores some or all of that portion of MRP a Veteran waived in order to receive VA disability compensation.
CRDP is subject to all of the same laws and regulations that apply to MRP, including reductions  for
  • taxes
  • child support or alimony
  • garnishments, and
  • government debts.

III.v.5.A.6.e.CRDP Rate Table

The table below shows the amount of CRDP that DoD credited Veterans against the MRP they had waived.
Combined Disability Evaluation
Restored Rate of MRP
100%
$750.00
90%
$500.00
80%
$350.00
70%
$250.00
60%
$125.00
50%
$100.00

III.v.5.A.6.f.Timetable for Eliminating the Offset of MRP

Elimination of the offset of MRP for disability compensation was phased in over a period of 10 years.
The table below shows the percentage of the offset that DoD restored through CRDP over the 10-year phase-in period.
Effective Year
Percent of Restoration
2005
10.00%
2006
28.00%
2007
49.60%
2008
69.76%
2009
84.88%
2010
93.95%
2011
98.18%
2012
99.64%
2013
99.96%
2014
100.00%

III.v.5.A.6.g.  Example of How DFAS Calculated CRDP Prior to 2014

Below is an example of how DFAS calculated CRDP prior to 2014.
Situation:
  • A Veteran was entitled to MRP of $1,800.00 in 2006.
  • VA had rated the Veteran 90-percent disabled due to SC disabilities.
  • The Veteran had a spouse but no children.
  • The disability compensation payable in 2006 was $1,557.00.
  • The Veteran waived MRP in the amount of $1,557.00 so she could receive disability compensation.
Calculations:  Using the rate table in M21-1, Part III, Subpart v, 5.A.6.e, the waived amount of $1,557.00 was reduced by $500.00, leaving a balance of $1,057.00.
The balance of $1,057.00 was multiplied by .28 (28 percent, according to the table in M21-1, Part III, Subpart v, 5.A.6.f) resulting in $295.96.  This amount was added to the $500.00 from the rate table in M21-1, Part III, Subpart v, 5.A.6.e, for a 90-percent disabled Veteran ($295.96 plus $500.00 equals $795.96).
Result:  The gross CRDP rate payable in 2006 was $795.96.  The rate was recalculated each year, until the full amount of the offset was eliminated in 2014.

III.v.5.A.6.h.Changes That Affected Veterans With a Total Disability  Rating

Effective January 1, 2005, the CRDP phase-in timetable referenced in M21-1, Part III, Subpart v, 5.A.6.f no longer applied to Veterans
  • with a schedular, 100-percent disability rating for SC disabilities, or
  • whom VA had rated TDIU under 38 CFR 4.16.
Accordingly, if such Veterans retired due to years of service and were entitled to CRDP, they could receive the full amount of MRP and VA disability compensation from the later of the following dates:
  • January 1, 2005, or
  • the date VA rated the Veteran 100-percent disabled or TDIU.
If a Veteran retired due to disability under 10 U.S.C. Chapter 61, CRDP is subject to an offset for the difference between
  • MRP based on disability, and
  • MRP based on years of service.

7.  Concurrent Payment of VA Benefits and CRSC


Introduction

This topic contains information about concurrent payment of VA benefits and CRSC, including

Change Date

March 22, 2018

III.v.5.A.7.a.  Overview of CRSC

CRSC was authorized by the National Defense Authorization Act of 2003, Public Law (PL) 107-314, and became effective June 1, 2003.  This benefit was designed to compensate certain Veterans who must waive MRP in order to receive VA disability compensation.
CRSC is a monthly benefit DoD pays to eligible military retirees that is separate from MRP.  It is not classified as MRP, and it is not taxable.  It is, however, subject to garnishment for child support and alimony.

III.v.5.A.7.b.  CRSC Eligibility Criteria

The eligibility criteria for CRSC
  • were expanded effective January 1, 2004, and January 1, 2008, and
  • are described in the table below.
Note:  Eligibility is determined by the Veteran’s service department.  VA may need to furnish disability information to a service department, but CRSC is administered and paid by DoD, not VA.
Effective Date
Eligibility Criteria
June 1, 2003
  • 20 years active military service for retirement purposes
  • receipt of disability compensation from VA, and
  • qualifying combat-related disability(ies)
    • rated at least 10-percent disabling for which a Purple Heart was awarded, or
    • rated at least 60-percent disabling (alone or in combination with other combat-related disabilities).
January 1, 2004
  • 20 years
    • active military service for retirement purposes, or
    • reserve service for retirement at age 60
  • receipt of disability compensation from VA, and
  • qualifying combat-related disability(ies) that are assigned any compensable disability rating.
January 1, 2008
  • eligible for MRP based on length of service, with nominimum length-of-service requirement (Thisincludes Veterans that were retired under TERA. It does not include Reserve retirees that received MRP for early retirement with physical disabilities under 10 U.S.C. 12731b.)
  • receipt of disability compensation from VA, and
  • qualifying combat-related disability(ies) that are assigned any compensable disability rating.
 
Reference:  For more information on CRSC, see the Under Secretary of Defense, Personnel, and Readiness: Military Compensation internet site.

III.v.5.A.7.cDefinition: Qualifying Combat-Related Disability

To be eligible for CRSC, a Veteran must have an SC disability that is combat-related.  A qualifying combat-related disability, for the purpose of this benefit, is defined in the following table.
Important:  Military service departments – not VA – are responsible for making the final determination regarding qualifying disabilities.
Nature of Disability
Characteristics of This Type of Disability
  • disabilities for which SC is presumed under 38 U.S.C. 1112(a),or
  • post-traumatic stress disorder
The Veteran’s service department must independently determine the relationship between the disability and the qualifying criteria.
Note:  Service departments are not bound by VA presumption if there is documentary information that the disability is not combat-related.
direct result of armed conflict
  • a disability resulting from a disease or injury incurred in the line of duty as a direct result of armed conflict (Mere service during wartime or participation in combat operations is not sufficient. There must be a causal relationship between the armed conflict and the resulting disability.), or
  • a disability for which VA has awarded compensation based on
    • former prisoner of war status, or
    • exposure to hazardous substances during service, such as
      • Agent Orange
      • radiation
      • mustard gas, or
      • Lewisite.
Note:  Such disabilities might include Gulf War undiagnosed illnesses.
incurred while engaged in hazardous service
a disability that is the direct result of performance of hazardous service that includes, but is not limited to
  • aerial flight
  • parachute duty
  • demolition duty
  • experimental stress duty, and
  • diving duty.
Note:  Disabilities incurred during travel to and from hazardous duty are not included.
incurred during the performance of duty under conditions simulating war
In general, this category includes disabilities resulting from military training.
Examples:  War games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live-fire weapons practice, bayonet training, hand-to-hand combat training, repelling, and negotiation of combat confidence and obstacle courses.
Disabilities resulting from physical training activities such as the following are not included:
  • calisthenics
  • jogging or formation running, or
  • supervised sport activities.
caused by an instrumentality of war

 

 

Incurrence of the disability during an actual period of war is not required. However, there must be a direct causal relationship between the disability and the instrumentality of war.
An instrumentality of war
  • is a vehicle, vessel, or device designed primarily for military service and intended for use in such service at the time of the occurrence or injury, and
  • might also include instrumentalities not designed primarily for military service if use or occurrence involving such instrumentality subjects the individual to a hazard peculiar to military service.
Example:  The disabilities in this category could result from
  • wounds caused by a military weapon
  • accidents involving a military combat vehicle
  • injury or sickness caused by fumes or gases, or
  • explosions of military ordnance, vehicles, or material.

III.v.5.A.7.d.  Notifying a Veteran With Agent Orange-Related Disabilities of Possible Entitlement to CRSC

Include the following paragraph in a decision notice when
  • VA grants SC for a disability related to a Veteran’s exposure to Agent Orange, and, and
  • the Veteran is eligible for MRP.
You may be entitled to Combat-Related Special Compensation (CRSC) for your service-connected [new Agent Orange disability(ies)].  CRSC provides monthly payments to eligible retired Veterans with combat-related disability(ies), and is a benefit administered by the Department of Defense.  Entitlement to CRSC is not automatic.  Accordingly, to receive CRSC for your service-connected [new Agent Orange disability(ies)], you must specifically apply for CRSC for that disability, even if you have already been awarded CRSC for disabilities previously service-connected by VA.

III.v.5.A.7.e.Application for CRSC

To apply for CRSC, a Veteran must contact his/her service department.  The service department will ask the Veteran to

III.v.5.A.7.f.Amount Payable Under CRSC

Generally, the amount payable under CRSC is equal to the amount of compensation VA would pay for the combat-related disability(ies).  However, there are circumstances that affect the amount of CRSC that DoD will pay.
DoD bases CRSC payments on VA’s disability compensation rates, and payment is supported by legislation found in 38 U.S.C. Chapter 11
  • without the additional allowance for dependents, prior to January 1, 2004, and
  • including SMC for combat-related disabilities and the additional allowance for dependents, effective January 1, 2004.
The actual amount to be paid is determined by DoD, and it is influenced by certain variables.  The following table gives a synopsis of issues that may affect the rate of CRSC that is payable.
If VA and service records show …
Then the CRSC rate payable is …
all compensable SC disabilities are combat-related
  • the amount specified in 38 U.S.C. Chapter 11for the combined disability rating, but
  • not more than the amount of MRP withheld.
  • the Veteran has a single or multiple SC, combat-related disability(ies) to which VA has assigned at least a 60-percent disability rating, and
  • VA has determined the Veteran is TDIU due to the same SC disability(ies)
  • the amount specified in 38 U.S.C. Chapter 11for a disability or disabilities rated totally (100-percent) disabling, but
  • not more than the amount of MRP withheld.
as shown in the table below.
Time Period
CRSC Rate Payable
Prior to January 1, 2013
the amount specified in 38 U.S.C. Chapter 11for the combined disability rating assigned to the Veteran’s combat-related disabilities only, minus the difference between the Veteran’s
  • MRP based on length of service, and
    • the amount specified in 38 U.S.C. Chapter 11 for the combined disability rating assigned to all of the Veteran’s SC disabilities.
January 1, 2013, to the present
the lesser of the following amounts:
  • the amount specified in 38 U.S.C. Chapter 11 for the combined disability rating assigned to the Veteran’s combat-related disabilities only, or
    • MRP based on length of service minus the difference between
      • MRP based ondisability, and
        • the amount specified in38 U.S.C. Chapter 11for the combined disability rating assigned toall of the Veteran’s SC disabilities.
      Note:  CRSC is not payable if MRP based on length of service, minus the difference between MRP based ondisability and gross VA disability compensation, equals zero or less.
  • a reservist has sufficient credits to qualify for retirement, but
  • he/she is not entitled to Reserve retirement pay until
the amount specified in 38 U.S.C. Chapter 11 for the combined disability rating assigned to the combat-related disabilities, effective from the month the Veteran reaches
the Veteran’s SC disabilities include combat-related and noncombat-related disabilities
the amount specified in 38 U.S.C. Chapter 11 for the combined disability rating assigned to the combat-related disabilities only.
  • the Veteran is notreceiving disability compensation, or
  • the Veteran is notreceiving MRP (although eligibility exists) because, for example, the Veteran elected to have time spent in military service credited toward civil service retirement
$0.00. (CRSC is not payable.)
Note: The amount of CRSC entitlement plus any MRP not offset under 38 U.S.C. 5304 and 38 U.S.C. 5305 cannot be greater than the full MRP to which the Veteran is entitled.

III.v.5.A.7.g.  RO Liaison With CRSC Boards

CRSC boards are responsible for determining eligibility for CRSC.  In order to make a determination, these boards occasionally require
Each RO is responsible for designating an employee (the RO’s Military Records Specialist (MRS)) to serve as a liaison with CRSC boards.  MRSs are responsible for responding to requests from CRSC boards.

III.v.5.A.7.h.  Controlling CRSC Board Requests and Taking Work Credit for Responding

MRSs use end product (EP) 502 to control requests from CRSC boards and clear the EP for work credit after responding to a request.

III.v.5.A.7.i.  CRSC Board Requests for Records in VA’s Possession

CRSC boards may request copies of the following from VA:
  • service treatment records (STRs)
  • rating decisions, and/or
  • rating codesheets.
CRSC boards e-mail their requests to the mailbox (milpay.vbaco@va.gov) of Compensation Service’s Military Pay (MILPAY) Staff.  This staff then routes the request to the appropriate MRS.  Upon receipt of such a request, the MRS
  • verifies the accuracy of the rating data on the RATING INFORMATION tab and ADDITIONAL RATING DECISIONS tab on the CORPORATE AWARD AND RATING DATA screen in Share
  • initiates action to correct any inaccurate rating data, and
  • follows the instructions in the table below.
If …
And …
Then …
a CRSC board requests a copy of a Veteran’s STRs
an electronic copy of the STRs is not available in the Veteran’s eFolder
  • fax copies or mail photocopies of the STRs to the CRSC board within 10 business days, and
  • provide the following in an e-mail to milpay.vbaco@va.gov:
    • the date the STRs were faxed to the CRSC board, or
    • the date photocopies of the STRs were mailed to the CRSC board, and the
      • name of the carrier, and
      • corresponding tracking number.
an electronic copy of the STRs is available in the Veteran’s eFolder
  • download and print the STRs
  • fax or mail a copy of the STRs to the CRSC board within 10 business days, and
  • provide the following in an e-mail to milpay.vbaco@va.gov:
    • the date the STRs were faxed to the CRSC board, or
    • the date photocopies of the STRs were mailed to the CRSC board, and the
      • name of the carrier, and
      • corresponding tracking number.
a CRSC board requests a copy of a Veteran’s rating decision and/or codesheet
an electronic copy of the rating decision/codesheet isnot available in the Veteran’s eFolder
  • convert the hard copy of the rating decision/codesheet (by scanning it) into a portable document file (PDF)
  • protect the PDF with a password
  • send the password in anunencrypted e-mail to the CRSC board that requested the rating decision/codesheet, and
  • send a second unencrypted e-mail, with the password-protected PDF attached, to the same CRSC board.
Important:
  • Complete the actions described in the bullets above within 10 business days.
  • When sending e-mails to a CRSC board, send a carbon copy (cc) tomilpay.vbaco@va.gov.
an electronic copy of the rating decision/codesheet is available in the Veteran’s eFolder
  • save a copy of the rating decision/codesheet as a password-protected document
  • send the password in anunencrypted e-mail to the CRSC board that requested the rating decision/codesheet, and
  • send a second unencrypted e-mail, with the password-protected document attached, to the same CRSC board.
Important:
  • Complete the actions described in the bullets above within 10 business days.
  • When sending e-mails to a CRSC board, send a cc tomilpay.vbaco@va.gov.
the records a CRSC board requests arenot available in the Veteran’seFolder
the Veteran’s claims folder is temporarily unavailable (because, for example, the RO temporarily transferred the claims folder to another location)
  • establish a file search in the Control of Veterans Records System (to ensure return of the claims folder), and
  • provide the status of the request in an e-mail tomilpay.vbaco@va.gov.
  • the Veteran’s claims folder is lost, and
  • reconstruction of the claims folder does not result in retrieval of the record(s) the CRSC board requested
e-mail notice to milpay.vbaco@va.govthat the record(s) the CRSC board requested are unavailable because the Veteran’s claims folder is lost.
the Veteran’s claims folder has been permanently transferred to another RO
  • cancel the EP 502 (if one is pending), and
  • provide the name of the RO that has custody of the claims folder in an e-mail tomilpay.vbaco@va.gov.

III.v.5.A.7.j.Definition:  Discrepant Data

Discrepant data is any data that contradicts information
  • displayed on the AWARD INFORMATION or RATING INFORMATION screens in Share, or
  • contained in the rating codesheetrating narrative, and/or rating decision.

III.v.5.A.7.k.  Responsibilities of ROs and Compensation Service’s MILPAY Staff With Regard to Handling CRSC Board Requests for Clarification of Discrepant Data

The table below describes the responsibilities of ROs and the MILPAY Staff with regard to handling requests from a CRSC board for clarification of discrepant data.
Stage
Description
1
The MILPAY Staff determines whether the discrepant data the CRSC board identified is the result of an error on VA’s part.
2
  • If the discrepant data is not the result of an error,
    • the staff explains its findings and conclusion to the CRSC board that requested clarification, and
    • the process ends here.
  • If discrepant data does represent an error on VA’s part, the staff asks the Veterans Benefits Administration’s (VBA’s) Office of Field Operations (OFO) to notify the RO with custody of or jurisdiction over the corresponding Veteran’s claims folder of the need for corrective action.
3
The RO referenced in Stage 2 takes corrective action within the time limits shown in the table below.
If the discrepancy involves an error …
Then the time limit for taking corrective action is …
in a rating decision (to include the codesheet and/or narrative)
15 days.
of any other type, such as missing diagnostic codes, incorrect diagnostic codes, or an incorrect combined disability rating
10 days.

III.v.5.A.7.l.Process for Taking Corrective Action to Resolve Discrepant Data

The table below describes the process ROs must follow upon receipt of notice from the MILPAY Staff (through OFO) that corrective action is required to resolve discrepant data identified by a CRSC board.
If the Veteran has …
Then …
an eFolder only
the RO must follow the process described in the table below.
Stage
Description
1
The MRS sends an e-mail to the coach of the team that is responsible for taking corrective action.
  • The subject line of the e-mail must read Corrective Action Required-CRSC.
  • The MRS must describe in the body of the e-mail
    • the error that requires correction, and
    • the date by which the team must complete the corrective action.
Reference:  For more information about the time limits for taking corrective action, see M21-1, Part III, Subpart v, 5.A.7.k.
2
After the team completes the corrective action, the coach of that team notifies the MRS by e-mail.
3
After receiving the e-mail from the coach, the MRS confirms corrective action was properly taken.
4
The RO notifies OFO that corrective action is complete.
5
OFO notifies the MILPAY Staff that corrective action to resolve the discrepant data has been taken.
a paper claims folder
the RO must follow the process described in the table below.
Stage
Description
1
The MRS completes and attaches the folder flash displayed inM21-1, Part III, Subpart v, 5.A.7.m to the claims folder.
2
The MRS “hand-carries” the claims folder to the coach of the team that is responsible for taking the corrective action.
3
After the team completes the corrective action, the coach of that team hand-carries the claims folder to the MRS.
4
The MRS
  • confirms corrective action was properly taken, and
  • removes the flash from the claims folder.
5
The RO notifies OFO that corrective action is complete.
6
OFO notifies the MILPAY Staff that corrective action to resolve the discrepant data has been taken.

III.v.5.A.7.m.Flagging Cases That Require Corrective Action to Resolve Discrepant Data

When corrective action is necessary to resolve discrepant data, and the Veteran who is the subject of the CRSC board request for clarification has a paper claims folder, the MRS overseeing the corrective action must attach the folder flash shown below to the front of the claims folder.

Combat-Related Special Compensation Board Case

BRANCH:________________
This case has been assigned to the __________Team for
CORRECTIVE ACTION
Once all action is completed,
HAND-CARRY CLAIMS FOLDER TO:
_______________________________
Military Records Specialist/CRSC Liaison
SUSPENSE DATE:
_______________________________
THANK YOU

III.v.5.A.7.n.  CRSC Board Requests for Snapshots of Share Screens

CRSC boards have access to Share, and at least one member of each board has access to records in Share to which a sensitive level of 7 has been assigned.
On rare occasions, such as when access to records with a sensitive level higher than 7 is necessary, a CRSC board may request snapshots of relevant Share screens from an RO.
The table below contains instructions for responding to a CRSC board request for snapshots of Share screens.
Step
Action
1
From the VBA READY screen in Share, select Corporate Inquiries.
2
Is the CRSC board asking for a snapshot of the screen that appears when a user selects the PERSON or ADDRESS tab in Share?
  • If yes, proceed to the next step.
  • If no, proceed to Step 13.
3
When the next screen appears, select the PERSON button (unless it is already selected) in the upper, left-hand corner of the screen.
4
Is the CRSC board asking for a snapshot of the screen that appears when a user selects the PERSON tab?
  • If yes, proceed to the next step.
  • If no, proceed to Step 9.
5
Select the PERSON tab (unless it is already selected).
6
Depress the PRINT SCREEN button on the user’s keyboard.
7
Paste the snapshot of the screen into a Word document.
8
Is the CRSC board asking for a snapshot of the screen that appears when a user selects the ADDRESS tab?
  • If yes, proceed to the next step.
  • If no, proceed to Step 12.
9
Select the ADDRESS tab.
10
Depress the PRINT SCREEN button on the user’s keyboard.
11
Paste the snapshot of the screen into a Word document.
12
Is the CRSC board asking for a snapshot of the screen that appears when a user selects the RATING DATA tab in Share?
  • If yes, proceed to the next step.
  • If no, proceed to Step 17.
13
When the next screen appears, select the CMINQ button (unless it is already selected) in the upper, left-hand corner of the screen.
14
Select the RATING DATA tab.
15
Depress the PRINT SCREEN button on the user’s keyboard.
16
Paste the snapshot of the screen into a Word document.
17
Attach the Word document to an e-mail that is addressed to the CRSC board that requested the snapshot.
18
Apply encryption to the e-mail and send it to the CRSC board.
 
Notes:
  • MRSs are responsible for taking the actions described in the table above. If, because of the sensitive level assigned, an MRS does not have access to the records the CRSC board needs, the RO’s Veterans Service Center Manager (VSCM) may assign the task of responding to the CRSC board to a different employee.
  • It is acceptable to paste multiple screen snapshots into the same Word document.
Reference:  For more information about using Share, see the Share User Guide.

III.v.5.A.7.o. Time Limit for Follow-Up Requests

CRSC boards may e-mail follow-up requests to an MRS but only within the 60-day period following the initial request.  Such e-mails will include a cc to the MRS’s VSCM.

8.  Processing AEWs


Introduction

This topic contains information on processing AEWs, including

Change Date

March 4, 2019

III.v.5.A.8.a.  Definition: 
AEW

An audit error worksheet (AEW) is a document containing data regarding a Veteran’s MRP and entitlement to CRDP or CRSC.

III.v.5.A.8.b.  How AEWs Are Generated

The table below describes how AEWs are generated.
Stage
Description
1
When VA establishes or changes an award of disability compensation, VA electronically transmits the award data to DFAS and the Coast Guard.
2
DFAS and the Coast Guard audit the VA award data against their MRP records.
3
When the audit reveals an adjustment of the Veteran’s disability compensation is necessary based on his/her entitlement to CRSC or CRDP, DFAS electronically transmits audit data to the Hines Information Technology Center (ITC).
Note:  At present, the Coast Guard does not transmit its audit data to the Hines ITC electronically. Instead, it saves the data to a compact disc (CD) and sends the CD to the MILPAY Staff.
4
The process continues with the actions described in the table below.
If the source of the audit data is …
Then …
DFAS
the Hines ITC
  • generates an AEW from the audit data
  • inserts the AEW into the corresponding eFolder, and
  • places the AEW under system control by establishing an 840 work item.
the Coast Guard
the MILPAY Staff
  • generates an AEW from the audit data
  • inserts the AEW into the corresponding eFolder, and
  • routes an e-mail (through OFO) to the station of origination (SOO) that instructs the SOO to place the AEW under system control by establishing EP 298, CRSC/CRDP Processing.

III.v.5.A.8.c.Maintaining Control of AEWs

Follow the instructions in the table below upon receipt of an AEW.
Step
Action
1
Is an EP 298 already pending to control the current or a previous AEW?
  • If yes, proceed to the next step.
  • If no, establish EP 298, CRSC/CRDP Processing.
2
Add Potential Under/Overpayment as a special issue.
3
Clear the 840 work item that the Hines ITC established (if applicable).
Note:  The proper date of claim for EP 298 is the date of the AEW, which is found in the upper, right-hand corner of the worksheet.

III.v.5.A.8.d.Automated AEW Processing

VA uses batch processing to automate the adjustment of many Veterans’ awards based on the audit data it receives from DFAS.  This process includes the generation of an award in VBMS-A and the generation and mailing of a decision notice to the Veteran.
Exception:  If an AEW contains more than 55 award lines, automatic generation of a decision notice during batch processing fails.  In such cases, the MILPAY Staff sends an e-mail to the SOO with a request to prepare the decision notice and mail it, along with a copy of the AEW, to the Veteran within 10 days.
Note:  The subject line of the e-mail from the MILPAY Staff will read CRSC/CRDP Batch – Automatic Letter Kick-Out.

III.v.5.A.8.e.  AEW Types and Messages

The table below
  • contains information about the various work items associated with AEWs, and
  • describes the action to take upon receipt of each type of work item.
Work Item
Message
Reason for Generation of the Work Item
Action
840A
CRSC/CRDP AEW –VETSNET Award Suspended
The Veteran’s award was in a suspended status when the AEW was generated.
Postpone processing of the AEW until the Veteran’s award is no longer in a suspended status.
840B
CRSC/CRDP AEW –VETSNET Award Terminated
The Veteran’s award was in a terminated status when the AEW was generated.
  • If VA terminated the award because the Veteran died,
    • treat the amounts due as potential accrued benefits, and
    • follow the instructions inM21-1, Part VIII. 1.3.
  • If VA terminated the award for any other reason, process the AEW according to the facts found.
840C
CRSC/CRDP AEW –VETSNET Award AR Exists
An account receivable existed when the AEW was generated.
Process the AEW according to the facts found.
840D
CRSC/CRDP AEW –VETSNET Award Withholding Exists
A withholding was in place when the AEW was generated.
Process the AEW according to the facts found.
840E
CRSC/CRDP AEW –VETSNET Award Negative VA Due
The AEW contains a negative amount (an amount previously paid by DFAS (APPBD)).
Follow the instructions in M21-1, Part III, Subpart v, 5.A.8.j.
840F
CRSC/CRDP AEW –VETSNET Award Appropriate Payment Due
There were no special issues when the AEW was generated.
Note: This is the work item assigned to most AEWs; only this category of AEWs undergo the batch processing described in M21-1, Part III, Subpart v, 5.A.8.d.
Follow the instructions in M21-1, Part III, Subpart v, 5.A.8.g.

III.v.5.A.8.f. Initial Review of an AEW

Follow the instructions in the table below when performing an initial review of an AEW.
Step
Action
1
Compare the amount of benefits the corporate record shows VA withheld each month (for MRP only) to the amounts shown in the VA Withheldcolumn of the AEW for the same months to ensure they match.
If the amounts do not match, follow the instructions in the table below.
If …
Then …
the difference between the amount in the VA Withheldcolumn and the amount in theDue From VA column for each entitlement month displayed on the AEW matches the withholdings in the corporate record for each of the same months
clear the pending EP 298.  (No additional award action is necessary because VA has already released to the Veteran the amounts shown in the Due From VA column on the AEW.)
Important:  If the award action that released the amounts in the Due From VA column did not result in the generation of a decision notice notifying the Veteran that VA released the funds due to his/her entitlement to CRSC or CRDP entitlement, provide such notice to the Veteran.
  • the difference between the amount in the VA Withheld column and the amount in the Due From VA column for each entitlement month displayed on the AEW does not match the withholdings in the corporate record for each of the same months, and
  • the award action that released the amounts in the Due From VAcolumn did not change the amounts in theTotal column of the corporate record for the same months
adjust the Veteran’s withholdings so they match the difference between the amount in the VA Withheld column and the amount in the Due From VA column for each entitlement month displayed on the AEW.
Note:  Under the circumstances described in this row, another AEW willnot be generated.
  • the difference between the amount in the VA Withheld column and the amount in the Due From VA column for each entitlement month displayed on the AEW does not match the withholdings in the corporate record for each of the same months, and
  • the award action that released the amounts in the Due From VAcolumn changed the amounts in the Totalcolumn of the corporate record for the same months
another AEW will be generated. Leave the EP 298 running and defer action until the new AEW is generated. When the new AEW is generated,
  • clear the corresponding 840 work item, and
  • process the AEW under the pending EP 298.
2
If the earliest entitlement month displayed on an AEW is prior to November 2009, check for an out-of-system CRSC/CRDP payment.
Rationale:  VA made out-of-system CRSC/CRDP payments from October 2006 through November 2009. If the corporate record was never updated to reflect the payment, the potential for duplicate payments exists.
References:  For more information on
3
Verify the withholding in the corporate record is to offset the Veteran’s receipt of MRP.
  • If VA is withholding benefits for a reason other than to offset the Veteran’s receipt of MRP,
    • do not release the withholding
    • clear the EP 298, and
    • follow the instructions in M21-1, Part III, Subpart v, 5.A.8.t for notifying the Veteran that he/she is not entitled to a retroactive payment of benefits.
  • Defer processing an AEW until VA appoints a fiduciary if
    • VA is withholding benefits to offset the Veteran’s receipt of MRP, and
    • VA has rated the Veteran incompetent but has not yet appointed him/her a fiduciary.

III.v.5.A.8.g.Processing an AEW in VETSNET or VBMS-A

Follow the steps in the table below when processing an AEW in VETSNET or VBMS-A.
Step
Action
1
Does the AEW display an entitlement month that is earlier than November 2009?
  • If yes, proceed to the next step.
  • If no, proceed to Step 5.
2
Follow the instructions in the CRSC/CRDP Document Folder Added to Virtual VA Guide for identifying out-of-system adjustments.
Important:  Only automatic out-of-system adjustments are reflected on the document titled CRSC/CRDP One-Time Payment Notification from DFAS. Confirm that no manual, out-of-system adjustment was made based on receipt of an AEW by checking the Veteran’s claims folder for a corresponding decision notice.
3
Was an out-of-system adjustment made during the time period the AEW covers?
  • If yes, proceed to the next step.
  • If no, proceed to Step 5.
4
Update the PRIORS screen to reflect the out-of-system adjustment.
Reference:  For more information on updating the PRIORS screen, see Priors Award Payments Screen.
5
Subtract the amount in the Due From VA column from the amount in the VA Withheld column to determine what the withholding (for MRP) will be for each month listed on the AEW.
6
Enter the result of the calculation in Step 5 in the ADJUSTMENT AMOUNT field on the RETIRED PAY tab.
References:  For more information on
7
Generate the award.
Important:  Ensure the award generates from a date no later than the earliest date shown in the Entitlement Month column of the AEW.
8
Calculate the retroactive amount that VA owes the Veteran by totaling all the amounts displayed in the Due From VA column of the AEW.
9
Verify that the result of the calculation described in Step 8 equals theNet Effect of the award adjustment that is displayed in VETSNET or VBMS-A.
10
Follow the instructions in M21-1, Part III, Subpart v, 5.A.8.t for notifying the Veteran of the award adjustment.
11
Forward the case to an authorizer for review and authorization of the award adjustment.
Note:  The authorizer will
  • clear the EP 298, and
  • send the decision notice to the Veteran.

III.v.5.A.8.h.  Sequential Receipt of AEWs That Cover the Exact Same Time Period

Take the actions described in the table below if multiple AEWs exist that cover the exact same time period.
Important:  Anytime the table below refers to the amount of benefits VA owes a Veteran, it is referring to the net amount (the total of the amounts in the Due From VA column of an AEW minus the APPBD (if present)).
If …
And …
Then …
none of the AEWs have been processed.
process the newest AEW and disregard the older one(s).
one of the older of the AEWs was processed as an out-of-system adjustment
the amounts(including the amounts in the Due From VA column and the APPBD (if present)) and the dates on all the AEWs are identical
  • reduce the withholdings (for MRP only), during the time period the AEWs cover, by the corresponding amounts displayed in the Due From VA column
  • update the PRIORS screen to reflect the out-of-system adjustment, and
  • follow the instructions in M21-1, Part III, Subpart v, 5.A.8.t for notifying the Veteran that he/she is not entitled to additional benefits based on the newer AEW(s) (because VA previously paid the additional benefits that were due the Veteran when it processed the older AEW).
the newest AEW shows VA owes the Veteran morecompensation than the older one
the newest AEW shows VA owes the Veteran lesscompensation than the older one
request guidance from the MILPAY Staff by sending an e-mail tomilpay.vbaco@va.gov.
VA just recently processed one of theolder of the AEWs (so recently that DFAS or the Coast Guard did not have the award data from the corresponding award adjustment when it performed the audit referenced in Stage 2 of the process described in M21-1, Part III, Subpart v, 5.A.8.b)
the newest AEW shows VA owes the Veteran lesscompensation than the older one
request guidance from the MILPAY Staff by sending an e-mail tomilpay.vbaco@va.gov.
the newest AEW shows VA owes the Veteran morecompensation than the older one
take award action to adjust the withholdings (for MRP only) so that the difference between the amount in theVA Withheld column and the Due From VA column for each entitlement month displayed on the newer AEW matches the withholdings in the corporate record for the same months.
one of the older of the AEWs was processed
the amounts (including the amounts in the Due From VA column and the APPBD (if present)) and the dates on all the AEWs are identical
  • follow the instructions in M21-1, Part III, Subpart v, 5.A.8.t, for notifying the Veteran that he/she is not entitled to additional benefits based on the newer AEW(s) (because VA previously paid the additional benefits that were due the Veteran when it processed the older AEW), and
  • clear the corresponding 840 work item and controlling EP 298.
Reference:  For more information about updating the PRIORS screen, see Priors Award Payments Screen.

III.v.5.A.8.i.  Sequential Receipt of AEWs That Cover Some But Not All of the Same Entitlement Months

Take the action described in the table below when multiple unprocessed AEWs exist that cover some but not all of the same entitlement months.  (It is acceptable to process these AEWs in the same award action.)
Important:
  • If an APPBD is displayed on only the newest AEW, follow the instructions in M21-1, Part III, Subpart v, 5.A.8.k, after following the instructions in the table below.
  • Request guidance from the MILPAY Staff by sending an e-mail tomilpay.vbaco@va.gov if
    • the older AEW(s) has(have) not been completely superceded by the newest AEW (as explained in the last row of the table below), and
    • an APPBD is displayed on (any of) the older AEW(s).
  • If all unprocessed AEWs are dated prior to June 1, 2011, the newest one supersedes the older one(s), regardless of the entitlement months any or all of the unprocessed AEWs cover.
If …
Then …
the newest AEW displays an entitlement month
adjust the MRP withholding for that entitlement month based on that AEW.
any but the newest of the unprocessed AEWs displays an entitlement month that is earlier than the earliest entitlement month on the newest AEW
adjust the MRP withholding for that entitlement month using the Due From VA amount displayed on the newest of the AEWs that displays that entitlement month.
  • an entitlement month appears on an older, unprocessed AEW that does not appear on thenewest AEW, and
  • that entitlement month is laterthan the earliest entitlement month on the newest AEW
the Due From VA amount for that month is $0.00.
none of the entitlement months on theolder, unprocessed AEW(s) are earlierthan the earliest date on the newestAEW
ignore the older, unprocessed AEW(s) (including any APPBDs that appear on it(them)), since the newest AEW completely supercedes the older one(s).
Example:
Scenario:
  • The entitlement months of December 2004 through May 2005 appear on the older of two unprocessed AEWs.
  • The following entitlement months appear on the newest of two unprocessed AEWs:
    • January 2005
    • March 2005, and
    • April 2005.
Results:
  • The Veteran is entitled to the Due From VA amount displayed on the older AEW for December 2004.
  • The Veteran is entitled to the Due From VA amounts displayed on the newest AEW for January, March, and April 2005.
  • The Due From VA amount for February and May 2005 is $0.00.

III.v.5.A.8.j.  Special Handling of AEWs That Display an APPBD

If an AEW displays an amount to the right of the text Amount Previously Paid by DFAS, follow the steps in M21-1, Part III, Subpart v, 5.A.8.g for routine processing of the AEW.  However, before routing the award for authorization (Step 11), follow the instructions in M21-1, Part III, Subpart v, 5.A.8.k.
Notes:
  • The Net Effect of the award adjustment that VETSNET or VBMS-A displays should still match the total of all amounts displayed in the Due From VA column on the AEW.
  • To calculate the amount of the Veteran’s payment (so it can be provided in the corresponding decision notice), subtract the Amount Previously Paid by DFAS from the total of all amounts displayed in the Due From VAcolumn on the AEW.

III.v.5.A.8.k.Award Adjustments That Require Action by Finance Activity

Take the steps described in the table below after generating an award that is based on the instructions provided in M21-1, Part III, Subpart v, 5.A.8.j.
Step
Action
1
Follow the instructions in M21-1, Part III, Subpart v, 5.A.8.l.
2
After finance activity establishes the APPBD as a “collectible receivable,” forward the AEW for authorization.
Note:  The EP must be authorized within two days in order to avoid Debt Management Office involvement.

III.v.5.A.8.l.  Flagging Cases That Require Action by Finance Activity

To clearly identify a case that requires the action by finance activity that is described in M21-1, Part III, Subpart v, 5.A.8.k, make the appropriate entries on the folder flash shown below and
  • attach the folder flash to the claims folder of the Veteran who is the subject of the AEW, or
  • if the Veteran has an eFolder only, e-mail the folder flash to finance activity.
AUDIT ERROR WORKSHEET (AEW)
PROCESSING
FINANCE ACTIVITY
Establish collectible receivable in the amount of:
__________
Once all action is completed,
HAND-CARRY CLAIMS FOLDER TO or CALL:
_______________________________
Senior VSR-AUTHORIZER
SUSPENSE DATE:
_______________________________
(1-2 Days)
THANK YOU

III.v.5.A.8.m.  Special Instructions About Rounding Down the Due From VA Column

When processing older AEWs, the practice of rounding down the amount in theDue From VA column will depend on the adjustment date shown on the AEW.  The table below explains when rounding down is/is not appropriate.
If processing AEW award line dated …
Then …
prior to December 2013
round down the amount in the Due From VA column.
December 2013 or later
do not round down the amount in the Due From VA column.
 
Important:  Never round down the amount in the Due From VA column for entitlement months which include a rate change that takes effect on a day other than the first day of the month.

III.v.5.A.8.n.Special Instructions for Entitlement Months of January 2014 or Later

If the amount in the VA Withheld column of an AEW for an entitlement month of January 2014 or later differs from the amount in the Due From VA column for the same month by an amount less than one dollar,
  • release the amount shown in the VA Withheld column for the same month, and
  • include the following paragraph in the What is Your Entitlement section of the decision notice:
The enclosed audit error worksheet may show amounts due that differ from what we have calculated.  The worksheet is informational, showing VA may need to make an adjustment; however, we are required to double-check all calculations prior to releasing any funds to you.  Therefore the amount we pay will be based on our final calculations and may not match the totals from the worksheet.
Example:
Scenario:  Entries on AEW are as follows:
  • Entitlement Month:  March 2014
  • VA Withheld:  $213.15
  • Due from VA:  $213.00
Action:  Since the difference between the two amounts is less than one dollar, reduce the MRP withholding for March 2014 by $213.15.
Note:  The situation described in this block most commonly occurs when the subject of the AEW is a Coast Guard Veteran.

III.v.5.A.8.o.  Processing AEWs That List a Month in Which VA Made a Rate Change That Took Effect on a Day Other Than the First Day of the Month

The amounts displayed on an AEW for a given entitlement month are applicable for the entire month.  If VA made a rate change that takes effect on a day other than the first day of the month, the amounts displayed on the AEW for the same month will not match up with VA’s corporate record.
Example:  VA commonly reduces a Veteran’s benefits on a day other than the first day of the month when it removes a child from the Veteran’s award effective the day the child turns 18.
The methods for processing AEWs that list months in which VA made a rate change that took effect on a day other than the first day of the month vary depending on a variety of factors.
When processing an AEW with a rate change that takes effect on a day other than the first day of the month, special procedures must be followed.  The chart below identifies specific AEW adjustment types and the relevant manual reference.
If the amount withheld for MRP was …
Then follow instruction in …
equal to or greater than the amount shown in the Due From VA column of the AEW
less than the amount shown in the Due From VA column of the AEW
withheld from either (not both) the
  • first day of the month to a later date within the same month, or
  • a day within the month to the end of the month
based on length of service and the Veteran is receiving full compensation payments

III.v.5.A.8.p.  Processing AEWs With an Amount Withheld for MRP That Is Equal to or Greater Than the Amount Shown in the Due From VA Column

Reduce the amount of both withholdings (for MRP only) for the month in question by the amount shown in the Due From VA column on the AEW for the same month if
  • there is a withholding in place for MRP
    • from the first day of the month, and
    • from a day other than the first day of the month, and
  • each of the amounts withheld for MRP is equal to or greater than the amount shown in the Due From VA column of the AEW for the same month.
Note:  Follow the instructions in M21-1, Part III, Subpart v, 5.A.8.q if any of the withholdings for MRP during the month in question are less than the amount shown in the Due From VA column of the AEW for the same month.

III.v.5.A.8.q.  Processing AEWs With an Amount Less Than the Amount Shown in the Due From VA Column

Follow the instructions in the table below if
  • there is a withholding in place for MRP
    • from the first day of the month, and
    • from a day other than the first day of the month, and
  • any of the amounts withheld for MRP are less than the amount shown in the Due From VA column of the AEW for the same month.
Step
Action
1
Subtract the smaller of the amounts VA records show VA withheld (to offset the Veteran’s receipt of MRP) during the month in question from the larger amount that VA records show VA withheld for the same reason during the same month.
2
Subtract the smaller of the amounts VA withheld during the month in question from the amount shown in the Due From VA column on the AEW for the same month.
3
Divide the result of the calculation described in Step 2 by the number of days of the same month during which VA withheld the largeramount of benefits.
4
Multiply by 30 (days) the result of the calculation described in Step 3.
5
Subtract the result of the calculation described in Step 4 from the result of the calculation described in Step 1.
6
During the time period when the smaller withholding was in effect, withhold $0.00.
7
During the time period when the larger withholding was in effect, withhold the result of the calculation described in Step 5.
Example:
Scenario:
  • VA records show a withholding (to offset the Veteran’s receipt of MRP) of
    • $1,457.00, effective December 1, 2012
    • $1,491.00, effective September 9, 2013, and
    • $1,614.00, effective October 1, 2013.
  • The Due From VA column on an AEW shows
    • $1,457.00 for the month of August 2013
    • $1,481.00 for the month of September 2013, and
    • $1,614.00 for the month of October 2013.
Calculations:  Following the procedures described in this block, the result of the calculation described in
  • Step 1 is $34.00 ($1,491.00 minus $1,457.00)
  • Step 2 is $24.00 ($1,481.00 minus $1,457.00)
  • Step 3 is $1.0909 ($24.00 divided by 22 (days))
  • Step 4 is $32.73 ($1.0909 multiplied by 30 (days)), and
  • Step 5 is $1.27 ($34.00 minus $32.73).
Action:  Withhold no benefits for the month of September until September 9, 2013.  Effective this date, begin withholding $1.27. Continue the withholding until October 1, 2013.

III.v.5.A.8.r.  Processing AEWs When VA Withheld Benefits From Either the First Day of the Month to a Later Date Within the Same Month or From a Day Within the Month to the End of the Month

Follow the instructions in the table below to calculate the proper withholding when VA records show VA withheld benefits (to offset the Veteran’s receipt of MRP) fromeither (but not both)

  • the first day of the month to a later date within the same month, or
  • a day within the month to the end of the month.
Step
Action
1
Divide the amount shown in the Due From VA column on the AEW for the month in question by the number of days VA withheld benefits.
2
Multiply by 30 (days) the result of the calculation described in Step 1.
3
Subtract the result of the calculation described in Step 2 from the amount of the withholding (to offset the Veteran’s receipt of MRP) that is shown in VA records for the same month.
Note:  The result of the calculation described in this step represents the new withholding (to offset the Veteran’s receipt of MRP) for the month in question.
Example:
Scenario:
  • VA records show
    • a cost-of-living adjustment, effective December 1, 2004, with no withholdings
    • an adjustment in the Veteran’s award, effective September 26, 2005, with a withholding of $63.00 (to offset the Veteran’s receipt of MRP), and
    • a third adjustment, effective October 1, 2005, with a new withholding of $109.00 (to offset the receipt of MRP).
  • The Due From VA column on an AEW for the Veteran shows
    • $93.00 for the month of October 2005, and
    • $10.00 for the month of September 2005.
Calculations:  Following the procedures described in this block, the result of the calculation described in
  • Step 1 is 2 ($10.00 divided by 5 (days))
  • Step 2 is $60.00 (30 (days) multiplied by 2), and
  • Step 3 is $3.00 ($63.00 minus $60.00)

III.v.5.A.8.s.  Processing AEWs When the Veteran Is Eligible for Concurrent Receipt of the Full Amount of His/Her Compensation and MRP Based on Length of Service
If the subject of the AEW is eligible for concurrent receipt of the full amount of his/her disability compensation and MRP (based on length of service, notdisability), eliminate the entire withholding (that VA established to offset the Veteran’s receipt of MRP) shown in VA records for the month in which VA made a rate change that took effect on a day other than the first day of the month.
A Veteran is eligible for concurrent receipt of the full amount of his/her disability compensation and MRP if one of the three sets of conditions listed in the table below is met.
Set
Conditions
1
  • The month in question is January 2005 or later.
  • The AEW shows the Veteran is authorized CRDP for the same month.
  • A VA rating of 100-percent disability or TDIU due to SC disabilities was in effect for the same month.
2
  • The month in question is January 2014 or later.
  • The AEW shows the Veteran is authorized CRDP for the same month.
3
The AEW shows the Veteran is authorized 100-percent of CRSC for the month in question.
Note:  A Veteran’s MRP is based on disability (rather than length of service) if an amount greater than $0.00 is displayed in the
  • CH61 SVC GROSS PAY AMOUNT field in VIS, or
  • CRDP SVC GP field on the ENTIT screen in RCPS.
Reference:  For more information about using

III.v.5.A.8.t. Notification of Award Adjustments Associated With the Processing of an AEW

After processing an AEW, notify the Veteran who was the subject of the AEW of any associated award adjustments.
Notes:
  • Enclose a copy of the AEW with the notice.
  • Use of the AEW Assistant to generate the notice is mandatory.  (The AEW Assistant is accessible through the Letter Creator tool.)
  • The table below shows the text the decision notice must contain.
Type of Text
Letter Creator-Generated Text
introductory paragraph
The Defense Authorization Acts of 2003 and 2004 established two programs whereby certain military retirees may have restored some or all of the retired pay they waived as required by law to receive disability compensation from the Department of Veterans Affairs (VA).  VA has worked with the Defense Finance and Accounting Service (DFAS) and United States Coast Guard to develop a method for making retroactive Combat-Related Special Compensation (CRSC) and Concurrent Receipt of Retired and Disability Pay (CRDP) payments and disability payments previously withheld but now permitted by law.
paragraph that explains whether the Veteran is entitled to a retroactive payment of benefits
  • If the Veteran is entitled to a retroactive payment of benefits, Letter Creator tool inserts the following paragraph:
Based on the information in your military retired pay files and VA records, you are entitled to a retroactive [CRDP or CRSC]compensation payment of [amount].  This payment covers the period [month, day, and year] through [month, day, and year].  The figures used to calculate this amount are shown on the last page of this letter.
  • If the Veteran is not entitled to a retroactive payment of benefits because VA did not withhold benefits based on the Veteran’s receipt of MRP, Letter Creator tool inserts the following paragraph:
Based on the information in your military retired pay files and VA records, you are not entitled to a retroactive [CRDP orCRSC] compensation payment.  All prior withholdings from your VA compensation payments were for [reason for prior withholdings, such as drill pay adjustments, apportionment adjustments, etc.] and not for retired pay.  Therefore, no additional adjustments will be made in your compensation award for [CRDP or CRSC].
  • If the Veteran is not entitled to a retroactive payment of benefits because the Veteran already received a lump sum payment (representing an award adjustment based on the Veteran’s receipt of CRDP/CRSC) for the same time period covered by the AEW, Letter Creator tool inserts the following paragraph:
Based on the information in your military retired pay files and VA records, you are not entitled to a retroactive compensation payment because according to our records, you were issued a lump sum payment in the amount of [amount previously paid] on [month, day, and year].  This payment represented [CRDPor CRSC] for the period [month, day, and year] to [month, day, and year].  You are not due any additional [CRDP orCRSC] payments from VA.  If you think your Retired Pay Center (RPC) may owe you additional [CRDP or CRSC], please contact them at the numbers shown below.
paragraph containing instructions for contacting DFAS and specific RPCs
You may also contact DFAS at 1-800-321-1080 for information concerning CRSC and CRDP payments.  If you are a retiree of the Coast Guard or Public Health Service, contact the Coast Guard Retired Pay Center at 1-800-772-8724.
Reference:  For more information on using the AEW Assistant, see the Letter Creator User Guide.
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