I retired from the PA Army National Guard on May 31, 2017 at the age of 60 in fiscal year 2017 (Oct 1, 2016 – Sept 30, 2017). In fiscal year 2017, I received 51 days of military drill pay. The V.A. waiver deductions from my military retirement account and V.A. disability compensation payments started March 1, 2018 of fiscal year 2018 (Oct 1, 2017 – Sept 30, 2018).
In Dec. 2018, the V.A. sent me a letter stating that for fiscal year 2017, I am prohibited from receiving both military drill pay and V.A. disability compensation. After that letter, I responded with several VA form 1082s (Decision Review Request: Notice of Disagreement). Many 11A direct reviews by a Veterans Law Judge and many 11B evidence submissions reviewed by a Veterans Law Judge.
I called the V.A. help desk three times and my American Legion VA rep called one time. All four times, the desk clerks agreed with us that I didn’t receive VA disability until March 1, 2018 and they would fix it. In the end I would receive letters from the VA that their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017.
On July 1, 2019, the VA Debt Management Center sent me an audit stating that I did not receive any VA disability until March 1, 2018. I submitted that information to the VA with another VA form 1082. On August 20, 2019, the VA sent me a letter of their final decision and actions. Their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017 and of the $0.00 that I received for fiscal year 2017 they want $695.25 back. Their actions are, from the VA waiver deductions of $435.69 taken from my military retirement pay a month, they are stealing $58.00 and giving me back $377.69 until they have stolen $695.25.
After the August 20, 2019 letter, ten times I have requested the VAs evidence that I received VA disability in fiscal year 2017, and three times I have submitted VA form 10182 11C requesting a hearing with a Veterans Law Judge. Because they made their final decision on August 20, 2019, all of my requests have been ignored. My question is, how many other frustrated Veterans are there out there that the VA is pulling this same scam on?
In Dec. 2018, the V.A. sent me a letter stating that for fiscal year 2017, I am prohibited from receiving both military drill pay and V.A. disability compensation. After that letter, I responded with several VA form 1082s (Decision Review Request: Notice of Disagreement). Many 11A direct reviews by a Veterans Law Judge and many 11B evidence submissions reviewed by a Veterans Law Judge.
I called the V.A. help desk three times and my American Legion VA rep called one time. All four times, the desk clerks agreed with us that I didn’t receive VA disability until March 1, 2018 and they would fix it. In the end I would receive letters from the VA that their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017.
On July 1, 2019, the VA Debt Management Center sent me an audit stating that I did not receive any VA disability until March 1, 2018. I submitted that information to the VA with another VA form 1082. On August 20, 2019, the VA sent me a letter of their final decision and actions. Their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017 and of the $0.00 that I received for fiscal year 2017 they want $695.25 back. Their actions are, from the VA waiver deductions of $435.69 taken from my military retirement pay a month, they are stealing $58.00 and giving me back $377.69 until they have stolen $695.25.
After the August 20, 2019 letter, ten times I have requested the VAs evidence that I received VA disability in fiscal year 2017, and three times I have submitted VA form 10182 11C requesting a hearing with a Veterans Law Judge. Because they made their final decision on August 20, 2019, all of my requests have been ignored. My question is, how many other frustrated Veterans are there out there that the VA is pulling this same scam on?