Confused on VA Form 21-0819 Section 4, please clarify for me

[Sam Crowe]

I have 25 years of active duty service and am now going through a MEB/IDES process with DOD and the VA. On the VA/DOD Joint Disability Evaluation Board Claim Form, VA form 21-0819 Section 4 Item # 13 states that No, I do not want VA compensation in lieu of military retired pay. Does this mean I could not receive my military retirement pay that I worked 25 years in the military for if I receive VA disability compensation??? Someone please clarify this for me. Thanks

 

[t.henri]

Sam, have you got an answer? I am in a similar situation. I read block 13 as saying if checked, SM has stated that they will receive only VA compensation. I'm on hold with the VA's 800 number, looking for an answer.

 

[IWorkedHard]

Also going thru this process. Called my Service Rep and was told that I should check the block. If I do NOT check the block, it means that I am choosing to receive VA benefits instead of retirement benefits (if I am eligible for both).

Rep said to me "why would you waive your retirement"?

I am still asking myself what happened to writing documents at an 8th grade level? Negotiating the MEB process shouldn't require a law degree.

If anyone has additional insight, please post it.

 

[A99]

I was told by my MSC that by not checking this box does not mean that you waive military retirement. I would need to do a waiver doc for that. From my understanding, once everything gets to DFAS if mil retirement is more you will get that minus the VA. For instance if DOD is 5000/month and VA is 2810 then VA will pay you 2810 and DOD will pay you 2190. So, we are not waiving the VA. Just what I was told. We'll see.

 

[Warrior644]

I was told by my MSC that by not checking this box does not mean that you waive military retirement. I would need to do a waiver doc for that. From my understanding, once everything gets to DFAS if mil retirement is more you will get that minus the VA. For instance if DOD is 5000/month and VA is 2810 then VA will pay you 2810 and DOD will pay you 2190. So, we are not waiving the VA. Just what I was told. We'll see.

In retrospect, I noticed that section IV item 13 on my VA Form 21-0819 was not checked. I don't recall what the MSC informed me in reference to acceptance or rejection. At the time of submission of the VA Form 21-0819, I accumulated a total of 24 years and 5 months of Active Duty Service, and 30+ years of overall military service.

Since I have PEB referred unfitting conditions which are "combat-related" for tax-free purposes, all of my military disability medical retirement compensation should be tax-free.

Hopefully, the aforementioned assumption is valid so that my oversight will not affect my military retired pay. Thus, I concur; we shall see.

Best Wishes!