VA back pay and tdrl

Discussion in 'Department of Veterans Affairs Resource Forums' started by Jnw$51978, Jan 17, 2014.

  1. Jnw$51978

    Jnw$51978 New Member

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    My husband received Tdrl retirement payments from 2008-2009, he was separated from the military in 2009 with no severance pay and found unfit for duty because his cancer was in remission. We were awarded a 50% VA disability rating with an effective date June 2, 2012. Will we still receive back pay since he did not get any retirement payments or benefits since 2009? When he called the VA they said they were unsure that he has to call DFAS they also stated that he may not since you can't get VA payments and retirement at the same. His award letter says that his payments are being held until 1/1/14 to ensure no double payments. Very clueless about how this work and I don't understand why he would not get back pay if he didn't get any retirement pay during the effective dates of his claim any help would be great!!!
     
  2. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    Jnw$51978,

    Welcome to the PEB Forum!!

    I am somewhat confused about some of what you stated. If you can help me out with some more information and/or clarify your post, maybe I can help.

    This is somewhat confusing. Was your husband found fit in 2009? If not, he should have at least received severance pay at that point in time.

    Was the VA award for the cancer? Or other conditions? From what you have stated and what I am guessing, I would not see a basis for back pay prior to the VA award of June 2, 2012. When did your husband submit his VA claims. (Another potential issue is whether or not your husband was processed through the PEB under the legacy system or through the IDES system....something seems off here, overall, given the retirement finding, subsequent separation without severance, and later VA rating).

    I can't understand why there would be any withholding if he was separated without severance pay. If that were the case, then there would be nothing to withhold. I have to think that there is some mistake in what you posted; this does not make any sense at all. I think there is an error somewhere.


    A lot of this process can be confusing. However, much of what you have stated does not make sense based on the law and regulations. Please try to clarify what your husband was rated at in 2009 by the military, what he was actually paid, whether he went through IDES system, and (if not) when he first applied for VA compensation.[/quote]
     
  3. Jnw$51978

    Jnw$51978 New Member

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    [/quote]

    My husband was placed on the Tdrl in 2005 for cancer. The Marine Corps never told him that he could get VA disability, he found that out 6-7 months later and he was awarded 100% with back pay, he elected to receive VA disability instead of the retirement pay. On 1/1/2008 his VA disability of a 100% went to zero so he elected to receive retirement pay. In 2009 he was sent to get a phyical evaluation done and the finding were that he was fit for duty since he cancer was in remission.

    He was found fit, but appealed it and had to go in front the Peb in Washington, DC. He was assigned a lawyer to help him with his appeal. The Peb founded him unfit and separated him with no severance pay. At that time we appealed the VA decision and he was awarded 10% for flat feet and everything else was either denied or rated at 0%

    VA disability was for cancer at a 100% and 0% for flat feet. He was processed through the Peb never heard of ides system. From June 2009 until currently 2014 we have only recieved 10% disability from the VA. He filed another claim with the VA in May 2012 and be just got the award letter on Jan 8,2014 that stated the WE Have Withheld Benefits. You are not allowed to receive military retired pay and full VA disability at the same time.
    This we understand but we did not receive any military retirement pay since 2009 and the effective dates are well after that (5/11/12) except for 1 of the VA disability ratings for his cancer effective date 2/14/08 @ 10% total rating is now 50%. I can understand them keeping that portion of the back pay until 2009 when he separated from the military, but not giving him any back pay for the other ratings don't add up to me especially if he did not receive any severance pay at all or retirement pay since 6/2009.
     

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