Question: If you waive VA pay in lieu of DOD Military Pay can you still receive the "benefits from the VA" ie prescriptions etc?
Thanks
Thanks
DOD DISABILITY/VA
- Thread starter COLTONMD
- Start date
Maparker; though people continually are under this assumption VA compensation is permanent it honestly isn't. You must have it for 20 years before it is permanent. End result; we are in tough times and the government is downsizing our military etc. Who is to say they wont look at VA payments. My concern is if you have several medical issues they can lower one ailment reducing your amount.
For example: You are at 100%- Now they look at one ailment and lower it you could be at 90% which is alot of monies to lose.
I have been rated as an E-7 Active Duty with 16 years at 80% but really only 75% based on law.
However I may take the VA compensation and if something like this happened I would just revert back to my DOD Military Pay (which is Permanent).
For example: You are at 100%- Now they look at one ailment and lower it you could be at 90% which is alot of monies to lose.
I have been rated as an E-7 Active Duty with 16 years at 80% but really only 75% based on law.
However I may take the VA compensation and if something like this happened I would just revert back to my DOD Military Pay (which is Permanent).
Colton,
I agree with your concern over VA pay/rating being lowered, but remember a few pieces.
1. If you are rated at 100%, they can't lower your VA rating based on one exam or review. They are required to look at past, current and future medical history. It's more difficult for them to lower your 100% rating once it is achieved. With that said, can the government lower all VA payments, maybe lower the compensation pay for each associated percentage? Yes, but that's going to take Congress to make that happen. I don't see that being very likely with such a big push for increased assistance to Vets the last few years.
2. $3018, DoD pay, is going to be taxed. Now you are looking at $2500-$2700/month. Retirement pay could be threatened as much as VA pay. Both would take changes in US Code and approval by Congress.
3. If rated 100% by VA, and they lower an individuals rating and they are unemployable, they should then apply for IU. This would allow them to continue being paid at the 100% compensation level.
I agree with your concern over VA pay/rating being lowered, but remember a few pieces.
1. If you are rated at 100%, they can't lower your VA rating based on one exam or review. They are required to look at past, current and future medical history. It's more difficult for them to lower your 100% rating once it is achieved. With that said, can the government lower all VA payments, maybe lower the compensation pay for each associated percentage? Yes, but that's going to take Congress to make that happen. I don't see that being very likely with such a big push for increased assistance to Vets the last few years.
2. $3018, DoD pay, is going to be taxed. Now you are looking at $2500-$2700/month. Retirement pay could be threatened as much as VA pay. Both would take changes in US Code and approval by Congress.
3. If rated 100% by VA, and they lower an individuals rating and they are unemployable, they should then apply for IU. This would allow them to continue being paid at the 100% compensation level.
If it was lowered wouldn't that mean that the offset would be less, so you would recieve more of your DOD portion?
NDBravehart is correct the $3018 from the DoD would be virtually tax free because the tax free offset portion from the VA would be around $2700 (up to $3037
if you are married).
http://www.pebforum.com/site/thread...d-80-va-which-should-i-take.14806/#post-55179