Receiving VA disability and retirement pay under 20

M

Moreorless

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Registered Member
Hello,

So I was medically retired from the navy after 8 years of service as of 17FEB23. 100% VA 70% DOD. I have been receiving my VA disability the last 2 months and now I just recieved back pay from DFAS for $7000. When I called customer service they told me that it was my retired pay. When I told them that I already receive VA disability they just shrugged their shoulders on their end and said everything looks fine. I did not get medically retired in a combat setting. Anyone else know what I should do?
 
Yeezus_R_Us said:
Hello,

So I was medically retired from the navy after 8 years of service as of 17FEB23. 100% VA 70% DOD. I have been receiving my VA disability the last 2 months and now I just recieved back pay from DFAS for $7000. When I called customer service they told me that it was my retired pay. When I told them that I already receive VA disability they just shrugged their shoulders on their end and said everything looks fine. I did not get medically retired in a combat setting. Anyone else know what I should do?
Click to expand...

As you apparently know, your retired pay should be reduced dollar for dollar in the amount of VA comp received. That is, IF you agreed to waive the retired pay when completing the VA compensation claim form. You would need to NOT check block 26 on the form in order to receive VA comp.

Based on the info you provided, the first VA comp payment should have been for 1-31 March, paid on/about 1 April. You would have been entitled to retired pay for the short period of 17 or 18 February (depending on first day in a retired status) thru end of February. You also were entitled to active duty pay from the first of February thru the day prior to retirement.

Recommend you visit with an accredited VSO, veterans service officer, affiliated with a Service organization or in the county where you live. Counties often have VSOs.

First action I would take would be to review the VA claim form and determine whether block 26 is checked. Also, call DFAS and ask to speak to someone who can actually help you. Yes, I am an optimist.

Ron
 
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Hello @Yeezus_R_Us

The block on the VA claim form where one agrees to waive retired pay dollar for dollar etc., is block 26.

If you check the box...you have indicated you don't want VA comp...which is an unfortunate mistake based on my experience. Do not check box 26. My opinion.

There may be different editions of the VA orm. claim for VA compensation, but the one I see on line reads ( bold added):

IMPORTANT INFORMATION ON MILITARY RETIRED PAY (Includes all Uniformed Services Retired Pay):
Submission of this application constitutes a waiver of military retired pay in an amount equal to VA compensation awarded, if you are entitled to both benefits. Your retired pay may be reduced by the amount of VA compensation awarded. Receipt of the full amount of military retired pay and VA compensation at the same time may result in an overpayment, which may be subject to collection. If you qualify for concurrent receipt of VA compensation and military retired pay, the waiver of retired pay will not apply.
If you do not want to waive any retired pay to receive VA compensation, you should check the box in Item 26.

Note that if you check the box in Item 26, you will not receive VA compensation, if granted. If you are currently in receipt of VA compensation and you check the box in Item 26, your VA compensation will be terminated, if you are also eligible for military retired pay.

26. Do NOT pay me VA compensation. I do NOT want to receive VA compensation in lieu of retired pay.


If you did check block 26, you would need to submit a VA form 21-651 to change that. You may want to consult with your VSO or VA to see what your waiver of retired pay status actually is.

----------
Ron
 
RonG said:
Hello @Yeezus_R_Us

The block on the VA claim form where one agrees to waive retired pay dollar for dollar etc., is block 26.

If you check the box...you have indicated you don't want VA comp...which is an unfortunate mistake based on my experience. Do not check box 26. My opinion.

There may be different editions of the VA orm. claim for VA compensation, but the one I see on line reads ( bold added):

IMPORTANT INFORMATION ON MILITARY RETIRED PAY (Includes all Uniformed Services Retired Pay):
Submission of this application constitutes a waiver of military retired pay in an amount equal to VA compensation awarded, if you are entitled to both benefits. Your retired pay may be reduced by the amount of VA compensation awarded. Receipt of the full amount of military retired pay and VA compensation at the same time may result in an overpayment, which may be subject to collection. If you qualify for concurrent receipt of VA compensation and military retired pay, the waiver of retired pay will not apply.
If you do not want to waive any retired pay to receive VA compensation, you should check the box in Item 26.

Note that if you check the box in Item 26, you will not receive VA compensation, if granted. If you are currently in receipt of VA compensation and you check the box in Item 26, your VA compensation will be terminated, if you are also eligible for military retired pay.

26. Do NOT pay me VA compensation. I do NOT want to receive VA compensation in lieu of retired pay.


If you did check block 26, you would need to submit a VA form 21-651 to change that. You may want to consult with your VSO or VA to see what your waiver of retired pay status actually is.

----------
Ron
Click to expand...
Hi ron,

So block 26 is not checked off. I have already been getting paid my VA compensation, but now the issue of the retired pay is why im confused.
 
Yeezus_R_Us said:
Hi ron,

So block 26 is not checked off. I have already been getting paid my VA compensation, but now the issue of the retired pay is why im confused.
Click to expand...
There would have been some back pay from DFAS possibly, as I outlined above.

However, the amount you cited (back pay from DFAS for $7000) is likely an incorrect payment by DFAS.

The toll free number for retired pay is:

the toll-free number (1-800-321-1080).​


Ron
 
RonG said:
There would have been some back pay from DFAS possibly, as I outlined above.

However, the amount you cited (back pay from DFAS for $7000) is likely an incorrect payment by DFAS.

The toll free number for retired pay is:

the toll-free number (1-800-321-1080).​


Ron
Click to expand...
So I have contacted the VA and DFAS, neither have any issues on their ends from what they tell me. I told them my situation each and they just say “everything looks good on our end.” I feel like this will not be a good ending lol.
 
Yeezus_R_Us said:
So I have contacted the VA and DFAS, neither have any issues on their ends from what they tell me. I told them my situation each and they just say “everything looks good on our end.” I feel like this will not be a good ending lol.
Click to expand...
Well in the meantime you can get 4% to 5% in a high yield savings account. You can park it there and you get to keep the interest if later on they say you need to pay it back:)
 
Hello @Yeezus_R_Us

Can you access DFAS MyPay and review your most recent Retiree Account Statement (RAS)? It is a two-page document issued by DFAS that summarizes your pay, benefits and deductions at a specific point in time. It is a description of what you can expect on the next pay date.

A screen shot/copy of that document might be helpful.

There are cases where there is residual retired pay remaining after the dollar for dollar VA offset.
Accepting VA compensation does not always result in total waiver of retired pay.

Example:
Retired pay: 3000
VA comp: 2000
3000 minus 2000 = 1000 residual retired pay disbursed to retiree

Ron
 
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Someone help me out, when in the medboard process do you select DOD pay Vs VA compensation? I’m having a brain fart and don’t remember when I chose one or the other. I’m sure I didn’t elect to take DOD comp, I just can’t remember when it would have been done.
 
Yeezus_R_Us said:
So I have contacted the VA and DFAS, neither have any issues on their ends from what they tell me. I told them my situation each and they just say “everything looks good on our end.” I feel like this will not be a good ending lol
Click to expand...
RonG said:
Hello @Yeezus_R_Us

Can you access DFAS MyPay and review your most recent Retiree Account Statement (RAS)? It is a two-page document issued by DFAS that summarizes your pay, benefits and deductions at a specific point in time. It is a description of what you can expect on the next pay date.

A screen shot/copy of that document might be helpful.

There are cases where there is residual retired pay remaining after the dollar for dollar VA offset.
Accepting VA compensation does not always result in total waiver of retired pay.

Example:
Retired pay: 3000
VA comp: 2000
3000 minus 2000 = 1000 residual retired pay disbursed to retiree

Ron
Click to expand...
Hi ron,

Just a little update. Im getting the full retirement pay compensation rate. I explained this issue to DFAS multiple times and they continue to tell me nothing is wrong on their end and im entitled to the pay. I then called the VA who provided me a letter of proof that DFAS was notified of my VA compensation and should have taken action. I am not going to spend any of the money but if they do come after me way down the road I think I may have grounds for a debt waiver as I am documenting my attempts of correction along with having proof that the VA had notified DFAS.
 
Yeezus_R_Us said:
Hi ron,

Just a little update. Im getting the full retirement pay compensation rate. I explained this issue to DFAS multiple times and they continue to tell me nothing is wrong on their end and im entitled to the pay. I then called the VA who provided me a letter of proof that DFAS was notified of my VA compensation and should have taken action. I am not going to spend any of the money but if they do come after me way down the road I think I may have grounds for a debt waiver as I am documenting my attempts of correction along with having proof that the VA had notified DFAS.
Click to expand...
I was under the impression the VA alerted the DFAS electronically, not via letter. Perhaps, the letter was created for your case.

Possible considerations:
—send copy of letter to DFAS retired pay
and
—contact your Representative or senator (I prefer the senator over the representative route)

That would definitely cover all the bases and perhaps effect resolution as well.

Ron
 
RonG said:
I was under the impression the VA alerted the DFAS electronically, not via letter. Perhaps, the letter was created for your case.

Possible considerations:
—send copy of letter to DFAS retired pay
and
—contact your Representative or senator (I prefer the senator over the representative route)

That would definitely cover all the bases and perhaps effect resolution as well.

Ron
Click to expand...
Will do,

The letter was dated march 10th that DFAS was notified of my VA compensation so it is confusing as to why they would retroactively pay me now.
 
How do apply for Concurrent Military Retirement Pay and VADP (old CRDP) ? I was on TRDL 2011 (receiving Medical Retirement 60%), 2012 Jun (PDRL 50% non taxable) and receiving VADP of 60%. I turned 60yrs old in 2014 (full retirement age). I do not need to start a request to start Retired Pay, I believe I qualify the Concurrent Military Pay and VADP w/o an offset. I have reviewed the DD form 108 and DD form 2656 and they indicate or suggest I am starting the process. I do not want to interrupt I just want to review or find out about My elgibility. I have copies of TDRL, PDRL NOE for Retirement. I was told that an audit of some sort would occur and I didn't have to do anything it was automatic. Well I am still waiting, what can I do to get a review to determine elgibilty. I believe I A and trying to get it corrected ??
 
Reference: “.I do not need to start a request to start Retired Pay, I believe I qualify the Concurrent Military Pay and VADP w/o an offset.”

For Concurrent Military Retirement Pay and VADP (old CRDP) one must have
—regular retirement (20 AD)
OR
—20 good years non regular retirement (aka reserve)
OR
TERA Retirement
Plus
A VA rating 50% or more

If you are a reservist / NG with 20 good years, you can apply for your non-regular retirement upon reaching the age requirement.

Approval = Concurrent Receipt if otherwise eligible. Your service will notify DFAS.

Ron
 
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