Many veterans are eligible for several different benefits as a result of military service. If you served in the military for 20 years or more, you may qualify for military retirement pay. You can also qualify for military retirement pay if you were medically retired from military service.
Many veterans who qualify for military retirement also have service connected disabilities. As a result of these service connected disabilities, these veterans may qualify for VA disability benefits.
One question that many veterans have is how the different benefits interact. Can a veteran who qualifies for military retirement benefits also draw VA disability benefits at the same time?
Can I receive both VA disability benefits and military retirement?
You can now receive both VA disability benefits and military retirement if you hit certain levels of VA disability ratings. This is why a 50% level of VA disability is important to veterans who receive military retirement pay.
If you are rated by VA overall under 50%, then you cannot receive your military retirement pay and your VA disability pay. But, once you hit that 50% rating level, then the offset goes away and you can receive both your military retired pay and your VA disability pay.
This change in the rule was a huge benefit to veterans. It recognized that veterans should receive compensation for their years of service and also for the disabilities they incurred while they were serving our country.
How does Concurrent Retirement Disability Pay affect me if I am under the 50% level?
I see a lot of veterans who have one or more service connected disabilities. They often have a total VA rating of either 30 or 40 percent.
Your VA rating determines your monthly VA disability benefit. The higher the rating from VA, the higher your monthly benefit. For a 40 percent total rating, a veteran generally receives between $600 and $900 per month depending on how many dependents the veteran has.
But, a veteran who is at the 40% level and receiving military retirement benefits will not really receive any VA disability benefits. This is because the VA disability benefits are offset by the military retirement pay. This means that the veteran is essentially losing $600 to $900 per month.
Normally, a veteran who has an increase from 40% to 50% would see an increase of about $250 to $300 per month in VA disability benefits. But, a veteran drawing military retirement benefits sees an increase between $840 and $1100 per month.
This large increase occurs because the veteran drawing military retirement receives no VA disability benefits at the 40 percent total rating level because of the military retirement offset. But, CRDP makes the offset go away at the 50 percent level.
CRDP should apply to your benefits automatically if you receive a rating of 50 percent or higher. But, VA will not automatically increase your rating. You have to take action to get your rating increased.
How can I get my VA disability rating increased?
It is always important to get the correct rating from VA. However, getting the correct rating becomes even more important when you receive military retirement benefits. If VA is off by 10% on their rating and gives you a 40% instead of a 50%, it could cost you around $1000 per month.
VA may have rated you at the incorrect level when you initially applied for benefits. Even if VA rated you correctly, your service connected disability may have worsened. If so, you could be eligible for an increase.
If you have a pending application for benefits, you may be able to seek an increased rating in your current application. If you do not have a pending application, you can file for an increased rating.
Also, many veterans have a secondary disability that develops as a result of one of their service connected disabilities. Getting service connection for that secondary disability will often result in a total rating at the 50% rating or higher.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly.
If you need help with an injury etc… Perkins & Studdard is who I highly recommend!!!tim copley
After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
