In the case of Lott v. Lott, the parties agree that Plaintiff is entitled to 41% of Defendant's disposable military retirement pay pursuant to the PSA. According to the letter the parties submitted to the Court from DFAS, Defendant is receiving CRDP, which is considered military retirement pay and not disability pay pursuant to 10 U.S.C. § 1414. CRDP is clearly divisible with a former spouse as military retirement pay. Thus, the Court finds that Defendant is not receiving disability pay and Howell does not control this case. Defendant's CRDP is divisible pursuant to the property settlement agreement.
The issue then becomes how much CRDP is Defendant receiving in order for the parties to determine how much of Defendant's disposable military retirement pay Plaintiff is entitled to receive. Plaintiffs’ counsel submitted an exhibit, stating the amount she believes her client is owed. Defense counsel requested time to review the exhibit and conduct his own investigation. According to the American Bar Association document Military Pension Division: The "Evil Twins" — CRDP and CRSC, the parties have the ability to request that information and are given an address and contact information within DFAS. At the June 22, 2021-hearing, the Court gave the information to the parties in order for the parties to contact DFAS and obtain the information needed in order to submit a number to the court. If the parties cannot agree on a number, the parties have selected August 27, 2021, to hold an evidentiary hearing to determine the correct amount. Id. Lott v. Lott, (Cir. Court Newport News, Virginia July 12, 2021): CL1403206V-04/CL1903206V-99, 2021 Va. Cir. LEXIS 184.
CRDP is the term that is commonly used to describe the funds that Congress decided to provide to former servicemembers who receive Veterans’ Administration Disability (VA Disability) and waive military retired pay to get the VA Disability. CRDP is simply money that Congress gives to former servicemembers to replace the retied pay they waived when they got VA Disability.  The Defense Finance and Accounting Service (DFAS), list on their website that the CRDP is divisible.  Lott correctly relied on the statute that created CRDP, 10 U.S.C. § 1414. However, it is noted that CRDP is a bit of a misnomer. The term CRDP meaning concurrent retirement and disability pay is the term of art used in publications, but the statute Section 1414 uses the correct name: “Members eligible for retired pay who are also eligible for veterans' disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans' disability compensation”. The correct term and acronym should be concurrent payment of retired pay and veterans' disability compensation (CPRPVDC). This would clear up the confusion in the CRDP name caused by the word “disability”.