The 2008 National Defense Authorization Act, signed into law 28 JAN, expanded eligibility requirements for the CRSC program to include Medical Chapter 61, Temporary Early Retirement Act (TERA) and Temporary Disabled Retirement List (TDRL) retirees. “Prior to this change, retirees had to have 20 years of active-duty service or be retired at age 60 from the Guard or Reserve,” said Mr. Rick Castro, Air Force CRSC program manager. “If you didn’t have 20 years you weren’t eligible. However with the NDAA expansion, if you are medically retired, either permanently or temporarily and you have VA payments that reduce your retirement pay, you are eligible to apply for CRSC.” For example, a DESERT STORM veteran who was injured and subsequently medically retired at 14 years of service, who received a 30% disability rating from the VA, should apply; it may be the key to receiving additional tax-free money to which the veteran is entitled.

“That said, let our experts make the call,” Mr. Castro said. “That way if you do not qualify and something in the law or Department of Defense CRSC policy changes in the future that could affect the prior decision, like the 2008 NDAA, we will already have a claim and documentation, and can reassess a claim based on the new eligibility factors.” In determining eligibility, if you can answer “yes” to the following questions and have not submitted your CRSC claim, you should do so:

– Am I receiving retired pay?

– Do I have a compensable VA disability of 10 percent or higher?

– Is my retired pay reduced by VA disability payments?

Although CRSC specifically addresses “combat-related” disabilities incurred from armed conflict, retirees who developed disabilities from other than combat may also be eligible. Disabilities caused by exposure to Agent Orange, combat training, aircrew duties, simulated war exercises, parachuting and munitions demolition potentially qualify for compensation under this program. The CRSC team needs copies of a retiree’s Department of Defense Form 214 or retirement order, any VA rating decisions addressing the disabilities being claimed, and any other available documentation. Note that CRSC is different from automatic Concurrent Retirement and Disability Pay. CRDP is also designed to restore military retired pay that has been offset by VA compensation of 50% or more; however, there is no combat-related requirement for CRDP. For more information and claim forms, visit the AFPC Public Web site www.afpc.randolph.af.mil under “Former Airmen Information.” You can also get more information through the 24-hour Air Force Contact Center at (800) 616-3775. [Source: AFPC Public Affairs Master Sgt. Kat Bailey article 12 Aug 08 ++]

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It is vital, therefore, that ULSG members and constituents also rely on the relevant provisions of the Veterans’ Benefits Act, 38 U.S.C. § 5301, which provides that payments of benefits due or to become due under any law administered by the Secretary [of Veterans Affairs] shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be … exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. Congress recently amended the VBA and this applicable provision Id. § 5301(a)(1). , to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension or dependency and indemnity compensation, as the case may be … such agreement shall be deemed to be an assignment and is prohibited. Veterans Benefits Act of 2003, Pub. L. No. 108-183, § 702, 117 Stat. 2651, Dec. 16, 2003, codified at § 5301(a)(3)(A).

ULSG members finding themselves in litigation on questions related to this advisory should instruct their lawyers to brief and argue – from the very beginning of the case, and at every opportunity thereafter – the  Veterans Benefits Act (VBA) issue, in support of their position.  While ULSG, LLC cannot provide individualized legal advice to its members and constituents, or answer individual queries, ULSG leadership believes that this is a prudent course to follow in cases such as this. ULSG would appreciate hearing reports on this issue from those concerned. They can be reached at Leadership@ulsg.org or by mail to ULSG, LLC, 20770 US Hwy 281, Ste 108-12, San Antonio, Texas 78258-7500. [Source: ULSG Advisory 5 Aug 08 ++]

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For more than a century before those programs were enacted, disabled retirees were forced to forfeit a dollar of military retirement pay for every dollar they received in veterans’ disability payments. About 223,180 disabled veterans receive monthly CRDP payments, while another 60,155 disabled veterans receive monthly payments under CRSC. Under the programs, many disabled veterans also became eligible for a single retroactive payment due to changes in their disability status. As of SEP 06, the Defense Finance and Accounting Service (DFAS) determined that 133,057 veterans potentially were eligible for these so-called “VA Retro” payments. Over time, another 84,237 newly retired and other veterans were added to the list. Yet as of 1 MAR 08, more than 60,000 eligible veterans were still waiting for reviews of their cases under the two programs. The claims processing shortfall was raised during a February defense budget hearing; Pentagon Comptroller Tina Jonas told the Senate Budget Committee that she had recently asked Zack Gaddy, the director of the DFAS, to triple the number of people working on the backlog. In FRB 08, the backlog was said to be “more than 39,000” cases. Jonas said she had been assured that the backlog would be cleared by APR 08.

That did not happen, according to the subcommittee report, because Lockheed Martin, the contractor hired in JUL 06 to compute the complex retroactive pay awards, had difficulty making the computations fast enough to eliminate the backlog quickly. The complexity of the computations also hindered Lockheed Martin’s ability to develop software to automate the process. Two other factors played a role: The required databases did not exist, and the Department of Veterans Affairs and the military services “were slow to put the data in the necessary form for automation.” As a result, Lockheed Martin was forced to compute the cases manually. It did so, and with just under half the number of workers the government had previously used for the work — a relic of the original contract proposal, according to the report. Lockheed Martin missed its original NOV 07 deadline and every succeeding one, the report stated. The committee said Gaddy personally monitored the program and “frequently complained to Lockheed about low productivity and the high number of errors DFAS quality control auditors were detecting.” Gaddy also expressed concern that the delays were damaging the reputation of DFAS.

To ease congressional concerns and speed up the review process, DFAS chose several “questionable approaches” — assigning federal workers to duties covered by the contract with Lockheed Martin, and suspending independent quality checks on Lockheed’s calculations. After those measures went into effect on 1 MAR, up to 60,051 payments were made to eligible veterans. But the subcommittee concluded that “serious questions” remain about the accuracy of these payments. “While the subcommittee majority staff does not know how many erred payments were sent, we do not believe that DFAS knows either,” the report said. Under Lockheed’s operating procedures, its quality assurance team also did not verify the accuracy of any “No Pay Due” determinations, which are sent directly to veterans without verification, the report added. “Neither DFAS nor Lockheed knows how many ‘No Pay Due’ letters could be in error,” the report states. Such letters were sent to at least 28,283 veterans. DFAS and Lockheed Martin announced that the VA Retro backlog was finally eliminated by the end of June, seven months after the original deadline. Lockheed Martin was paid $18.74 million for its work on the backlog. [Source: AirForceTimes William H. McMichael article Posted 16 Jul 08 ++]

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- America the Beautiful Annual Pass: This pass is available to the general public at a cost of $80. It provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity Fee for a year, beginning from the date of sale. The pass admits the pass holder/s and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas. (children under 16 are admitted free) The pass can be obtained in person at the park, by calling 1(888) ASK USGS, Ext. 1, or via the Internet at http://store.usgs.gov/pass.

- America the Beautiful Senior Pass: This is a lifetime pass for U.S. citizens or permanent residents age 62 or over at a cost of $10. The pass provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity. The pass admits the pass holder and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas (children under 16 are admitted free). The pass can only be obtained in person at the park. The Senior Pass provides a 50% discount on some Expanded Amenity Fees charged for facilities and services such as camping, swimming, boat launch, and specialized interpretive services. In some cases where Expanded Amenity Fees are charged, only the pass holder will be given the 50% price reduction. The pass is non-transferable and generally does not cover or reduce special recreation permit fees or fees charged by concessionaires.

- America the Beautiful Access Pass: This is a lifetime pass for U.S. citizens or permanent residents with permanent disabilities at no charge. Documentation is required to obtain the pass. Acceptable documentation includes: statement by a licensed physician; document issued by a Federal agency such as the Veteran’s Administration, Social Security Disability Income or Supplemental Security Income; or document issued by a State agency such as a vocational rehabilitation agency. The pass provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity. The pass admits the pass holder and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas (children under 16 are admitted free). The pass can only be obtained in person at the park. The Access Pass provides a 50% discount on some Expanded Amenity Fees charged for facilities and services such as camping, swimming, boat launching, and specialized interpretive services. In some cases where Expanded Amenity Fees are charged, only the pass holder will be given the 50% price reduction. The pass is non-transferable and generally does not cover or reduce special recreation permit fees or fees charged by concessionaires.

- America the Beautiful Volunteer Pass: This pass at no charge is for volunteers acquiring 500 service hours on a cumulative basis. It provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity Fee for a year, beginning from the date of award. The pass admits the pass holder and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas (children under 16 are admitted free).

Existing Golden series passes will no longer be sold or issued, but they will continue to be honored for as long as they are valid. The Forest Service, National Park Service, Fish and Wildlife Service, Bureau of Land Management, and Bureau of Reclamation will honor all three passes at sites where Entrance or Standard Amenity Fees are charged. In addition, the Corps of Engineers and Tennessee Valley Authority may honor the Senior and Access Passes. Passes cannot be replaced if lost or stolen; a new pass must be purchased. One goal of the new pass program is to install technology at each site that allows for tracking and replacements. Tattered and worn passes can be exchanged for a new one. Passes from previous pass programs cannot be exchanged or upgraded for the new passes. Bicycles are handled differently within the five agencies. Sometimes they are charged as a per person or walk-up fee; other times they are discounted at vehicle fee sites; while some sites allow them in at no charge. Because fees and rules vary regarding bicycles across the agencies and sites across the country, you should contact your site of choice directly for their regulation. For additional info refer to www.nps.gov/fees_passes.htm. [Source: www.nps.gov Apr 07 ++]

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- Years of Service: the more service, the easier to qualify (more ret pay earned by service alone — 2.5% of pay/yr) .

- Relative VA vs. DoD disability rating: the bigger the difference, the easier to qualify for CRSC % disability due to combat: The more due to combat, the easier to qualify for CRSC.

- Key issue: Any retired pay above 2.5% x YOS is still subject to offset by VA disability comp.

- Multiple factors mean results not always predictable

Thousands of retirees will benefit from the CRSC expansion. However, some with combat-related disabilities who currently lose their entire retired pay to the disability offset will still see no CRSC payment because of an unanticipated glitch in the statutory payment formula. With the many factors which go into the calculation, there’s no clear cutoff to explain exactly who will get less than expected. In general, those most likely to be affected are enlisted members with fewer than 14 years of service who have a high VA disability percentage but a significantly lower percentage that’s due to combat. Some retired officers are also affected. For example, MOAA has noted under the statutory formula the CRSC award for a E-7 with 12 years active duty service rated 100% by both DoD and VA, but only 60% is combat-related would be computed as follows:

DoD Disability Retirement: $2,376

Less Service-Earned Retirement Pay: $950

DoD Pay for Disability would be: $1,426

Max CRSC for 60% combat related: $921

Less DoD Pay for Disability: $1,426 (formula requires this deduction even when member doesn’t actually receive any pay from DoD)

CRSC Award would be: $0

DoD and DFAS aren’t the culprits here…they have to pay according to the statutory formula. MOAA has briefed the Armed Services Committee staffs on the problem and a potential legislative fix. Informally, service and finance officials agree that the formula doesn’t work as it should in some cases. But for the majority it works fine as in the case of an E4 with 4 YOS and rated 100% from both DoD and VA (100% combat-related):

DoD Disability Retirement: $1,412 (75% of base pay)

Less Service Earned Retirement Pay: $188 (4 Yrs x 2.5% x pay)

DoD Pay for Disability would be: $1224

Max CRSC 100% combat related: $2527

Less DoD Pay for Disability: $1224

CRSC eligibility: $1303 cannot exceed service earned pay of $188

CRSC Award would be = $188

Best advice to combat-disabled retirees: APPLY! [Source: MOAA Leg Up 25 Jul 08 ++]

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• For months during fiscal year 2009, $50.00;

• For months during fiscal year 2010, $60.00;

• For months during fiscal year 2011, $70.00;

• For months during fiscal year 2012, $80.00;

• For months during fiscal year 2013, $90.00;

• For months after fiscal year 2013, $100.00.

The amount of the allowance paid for any month may not exceed the amount of the annuity for that month that is subject to DIC offset. The survivor indemnity allowance is not subject to adjustment under any other provision of law. The funds shall be paid from the retirement trust fund, and shall only apply with respect to months beginning on 1 OCT 08, through 28 FEB 16. The indemnity allowance might be perceived as a first step toward easing the ban on concurrent receipt for military widows. [Source: DFAS Retired Pay Newsletter Apr 08 ++]

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1.  First Class Mail:

Not Over Oz    Large envelopes
1     $0.42            $0.83
2       0.59              1.00
3       0.76              1.17
3.5    0.93              1.34
4       1.34              1.34
5       1.51              1.51
6       1.68              1.68
7       1.85              1.85
8       2.02              2.02
9       2.19              2.19
10     2.36              2.36
11     2.53              2.53
12     2.70              2.70
13     2.87              2.87

Over 13 oz use Priority mail rate of $4.60 up to 1 pound or $4.60 for a Priority flat rate envelop regardless of weight.  FPO regulations limit outgoing/incoming mail to one pound for retiree mail .  No packages are authorized other than checkbooks, personal cassettes, personal VCR/DVDs, or medicine shipped by TMOP.

2.  Post Card:  $0.27
3.  Certified Mail: In addition to regular postage add $2.70.  If return receipt is desired add another $2.20 for a mailed return w/signature or $1.00 for unsigned electronic delivery confirmation on the Internet.
4.  Registered & Parcel post:  Not authorized. 

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Schweinfurt, Germany April 12 09721-96-7033
Dover AFB, Del. April 12 (302) 677-4612
Stuttgart, Germany April 19 07031-15-2924
Fort Jackson, S.C. April 25-26 (803) 751-6715
Fort Wainwright, Alaska April 26 (907) 384-3500
McGuire AFB, N.J. April 26 (609) 754-2459
Vicenza, Italy May 30 0444-71-7262
Fort McPherson, Ga. June 21 (404) 464-3219
NAS Jacksonville, Fla. July 12 (904) 542-2766 Ext. 126
Orlando, Fla. Aug. 16 (912) 767-5013
Andrews AFB, Md. Oct. 25 (301) 981-2726
Heidelberg, Germany Oct. 18 06221-57-3347
Grafenwoehr, Germany Oct. 25 09641-83-8540
Fort Leavenworth, Kan. Nov. 1 (913) 684-2425
Bolling AFB, D.C. Nov. 8 (202) 767-5244

[Source: Afterburner Feb 08 ++]

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TreasuryDirect allows people to open an online account and buy savings bonds either through a payroll allotment or with money debited directly from a bank or credit union account. Once the bonds are eligible for redemption, people can go online and schedule payment directly into a bank or credit union account.

Electronic savings bonds carry the same interest rates and maturity periods as paper bonds, but, unlike paper bonds, people do not have to wait to receive them in the mail. Instead, all people need is access to the Internet.

With a TreasuryDirect account, people can convert any paper bonds they own into electronic securities. If the DFAS is holding the bonds, people can request the bonds and DFAS will mail them. People can then send them, along with any paper bonds they may have at home, to the U.S. Treasury for addition to a TreasuryDirect account.

Because the U.S. Treasury requires people to submit the bonds with a signed manifest, DFAS cannot mail the bonds directly to the treasury. To learn more about converting bonds into electronic form, visit SmartExchange at http://www.treasurydirect.gov/indiv/research/indepth/smartexchangeinfo.htm. For more information, visit www.treasurydirect.gov. [Source: Afterburner Feb 08 ++]

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