Military Divorce Series: Military Disability in Divorce

Military Disability Programs for Military Retirees

Recent Laws Affecting Monetary Disability Benefits

A. Concurrent Retirement and Disability Pay (CRDP)

  • Regular retiree with a VA disability rating of 50 percent or greater.
  • Reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and has reached retirement age.
  • Retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • Disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You may become eligible for CRDP when you would have become eligible for retired pay.

B. Combat Related Special Compensation (CRSC)

  • Combat-related disabilities include:
  • Armed Conflict
  • Agent Orange
  • Hazardous Duty
  • Radiation Exposure
  • An Instrumentality of War
  • Gulf War
  • Simulated War
  • Mustard Gas or Lewisite
  • be entitled to or receiving military retired pay
  • Have a disability rating of at least 10% by the Department of Veteran’s Affairs
  • Waiver of VA pay from retired pay
  • File an application with your branch of service

C. Veterans Affairs (VA) Disability Compensation

D. Howell v. Howell and the Disposition of Military Retirement Pay in Divorce

  • Divorce Judgment Provided: John $750 + Sandra $750 = Total $1500
  • After Waiver: John $875 + Sandra $625 = Total $1500

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