Fsleepapnea

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If I file for a cliam while I'm still in the service(active duty) is it based on when my symptoms started, or when I filed the cliam?
Because those dates are pretty different. Thanks to all!
 

RonG

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General. If one is serving on active duty, the first month one can accrue VA comp is the month following the month of discharge or retirement. Regular retirees always retire on the first of a certain month.

The effective date for a disability that was caused—or made worse—by military service is whichever of these comes later:
  • The date VA gets your claim, or
  • The date you first got your illness or injury (also known as the date your entitlement arose)
  • Note: As stated, whichever is the latter.

Members of the Guard or Reserves are eligible to serve if they have a VA service-connected disability, provided they are physically cleared. However, there is one big caveat: they are not able to receive VA compensation on the same day they receive military pay.

Ron
 

Fsleepapnea

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General. If one is serving on active duty, the first month one can accrue VA comp is the month following the month of discharge or retirement. Regular retirees always retire on the first of a certain month.

The effective date for a disability that was caused—or made worse—by military service is whichever of these comes later:
  • The date VA gets your claim, or
  • The date you first got your illness or injury (also known as the date your entitlement arose)
  • Note: As stated, whichever is the latter.

Members of the Guard or Reserves are eligible to serve if they have a VA service-connected disability, provided they are physically cleared. However, there is one big caveat: they are not able to receive VA compensation on the same day they receive military pay.

Ron
Sir, what about this?
In most cases, if we believe your disability is related to your military service (known as a presumptive service connection)—and we get your claim within one year of your separation from active service—then the effective date is the date you first got your illness or injury.

If we get your claim more than 1 year after your separation from active service, the effective date is the date we got your claim or when you first got your illness or injury—whichever is later

From VA.gov
 

RonG

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U.S. Code § 5110.Effective dates of awards
LINK <—-
[excerpt]
b)
(1)
The effective date of an award of disability compensationto a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

Other laws are applicable as well.

One is not entitled to VA compensation while serving on active duty.

Ron
 

Fsleepapnea

PEB Forum Regular Member
Registered Member
U.S. Code § 5110.Effective dates of awards
LINK <—-
[excerpt]
b)
(1)
The effective date of an award of disability compensationto a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

Other laws are applicable as well.

One is not entitled to VA compensation while serving on active duty.

Ron
Thanks for the reply, but that's not really related to my question. I'm asking if the back pay will be based on when I filed the cliam, or when my symptoms were documented.
 

RonG

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If you file for compensation within a year of discharge, the effective date can go back to the day following the discharge date.

Sorry, I inferred that you wanted to know if you could be paid VA compensation for a period where you were on active duty. That answer would be no.

Reserves have a similar restriction:
Department of Veterans Affairs (VA) Disability Compensation. A reservist who is entitled to VA disability compensation must waive the equivalent VA compensation for 1 day for each Reserve AD day or each inactive duty period. Thus, the performance of two inactive duty periods in 1 calendar day requires waiver of the equivalent VA compensation for 2 days. These waiver requirements apply for all days in a calendar month.

Ron
 

Fsleepapnea

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Registered Member
If you file for compensation within a year of discharge, the effective date can go back to the day following the discharge date.

Sorry, I inferred that you wanted to know if you could be paid VA compensation for a period where you were on active duty. That answer would be no.

Reserves have a similar restriction:
Department of Veterans Affairs (VA) Disability Compensation. A reservist who is entitled to VA disability compensation must waive the equivalent VA compensation for 1 day for each Reserve AD day or each inactive duty period. Thus, the performance of two inactive duty periods in 1 calendar day requires waiver of the equivalent VA compensation for 2 days. These waiver requirements apply for all days in a calendar month.

Ron
I understand, but I'm currently Active Duty. So according to the VA on VA gov, if you file a cliam within one year of discharge/while on active duty 1 year before discharge, you would be back paid from when the injury or illness occured. I'm not talking about when I get out, I'm talking about now. I'm currently active duty waiting for the VA to decide a rating. Once that happens, I will get back pay. I'm wondering if the back pay is from 16 months ago when my illness occured, or 2 months ago when I filed the cliam. Thanks Ron!
 

RonG

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Re: "I'm currently active duty waiting for the VA to decide a rating. Once that happens, I will get back pay. I'm wondering if the back pay is from 16 months ago when my illness occured, or 2 months ago when I filed the claim."

You cannot be paid VA compensation while on active duty. The earliest effective date possible for you is the day following your date of discharge. I'll return later with additional info on this matter. If you got out and filed a claim within one year of discharge, the effective date could go back as far as day following discharge...not more.

(note: Reserves have a similar restriction--Department of Veterans Affairs (VA) Disability Compensation. A reservist who is entitled to VA disability compensation must waive the equivalent VA compensation for 1 day for each Reserve AD day or each inactive duty period. )

Ron
 

Fsleepapnea

PEB Forum Regular Member
Registered Member
Re: "I'm currently active duty waiting for the VA to decide a rating. Once that happens, I will get back pay. I'm wondering if the back pay is from 16 months ago when my illness occured, or 2 months ago when I filed the claim."

You cannot be paid VA compensation while on active duty. The earliest effective date possible for you is the day following your date of discharge. I'll return later with additional info on this matter. If you got out and filed a claim within one year of discharge, the effective date could go back as far as day following discharge...not more.

(note: Reserves have a similar restriction--Department of Veterans Affairs (VA) Disability Compensation. A reservist who is entitled to VA disability compensation must waive the equivalent VA compensation for 1 day for each Reserve AD day or each inactive duty period. )

Ron
I'm talking about BACK PAY.
 

RonG

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I understand and it is the same as I discussed.

You are suggesting you are due VA compensation for a period where you received military pay.

Let me put this way. All of my 25 years in the Army was spent in the Army finance corps. I probably saw thousands of military pay accounts. Never did I see one account where the soldier was receiving VA compensation for a period he/she served on active duty. During the almost 30 years since I retired, I have continued to monitor military pay issues.

You are not entitled to VA compensation for any period prior to the date following your discharge.

Regards,

Ron
 

Fsleepapnea

PEB Forum Regular Member
Registered Member
I understand and it is the same as I discussed.

You are suggesting you are due VA compensation for a period where you received military pay.

Let me put this way. All of my 25 years in the Army was spent in the Army finance corps. I probably saw thousands of military pay accounts. Never did I see one account where the soldier was receiving VA compensation for a period he/she served on active duty. During the almost 30 years since I retired, I have continued to monitor military pay issues.

You are not entitled to VA compensation for any period prior to the date following your discharge.

Regards,

Ron

Can you explain this please then? Because it states when the illness or injury occured. That's regarding to during active duty. I'm Air Force if that matters. Thanks.
 

RonG

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Hello,

This addresses your situation (i.e., future discharge).

M21-1, Part III, Subpart i, Chapter 2, Section A - General Information on Pre-Discharge Claims

III.i.2.A.2.b. DOCs for Pre-Discharge ClaimsThe date of claim (DOC) for a pre-discharge claim is the first day following the anticipated date of release from active duty (RAD), regardless of the date VA received the claim.
LINK <----


Ron
 

RonG

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Can you explain this please then? Because it states when the illness or injury occured. That's regarding to during active duty. I'm Air Force if that matters. Thanks.
Yes, your quoted material discusses potential retroactive compensation to the compensation effective date. That date can be no earlier than the day following the discharge date.

Ron

Edited to add: The branch of service is immaterial...all the same.
 

Fsleepapnea

PEB Forum Regular Member
Registered Member
Hello,

This addresses your situation (i.e., future discharge).

M21-1, Part III, Subpart i, Chapter 2, Section A - General Information on Pre-Discharge Claims

III.i.2.A.2.b. DOCs for Pre-Discharge ClaimsThe date of claim (DOC) for a pre-discharge claim is the first day following the anticipated date of release from active duty (RAD), regardless of the date VA received the claim.
LINK
I'm going through the IDES program Sir. Also, check this out please
.
 

RonG

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The new quoted material does not change the fact that the effective date can be no earlier than the day following the date of discharge. There is no "deserved" entitlement if the benefit is not provided by law. See the VA material I posted earlier. LINK <----

Ron
 

RonG

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Recommend you visit with a Veterans Service Officer (VSO) for a direct conversation.

Good luck,
Ron
 

Fsleepapnea

PEB Forum Regular Member
Registered Member
The new quoted material does not change the fact that the effective date can be no earlier than the day following the date of discharge. There is no "deserved" entitlement if the benefit is not provided by law. See the VA material I posted earlier. LINK <----

Ron
So when the most recent article says

"the VA back pay would begin on the date the symptoms were documented.
This is known in VA circles as the “date entitlement arose” according to the VA. But that is possible only if the veteran files before leaving the service or within 365 days of discharge."
If the veteran files BEFORE LEAVING SERVICE. That obviously would mean you had medical conditions occur DURING SERVICE, and would recieve back when when those occured DURING SERVICE.
 

RonG

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But...the individual would NOT have eligibility for VA compensation until they have left active duty. Additionally, there is no entitlement to VA compensation for prior periods of active duty.

I've explained multiple times that you will not be eligible for VA compensation (including back pay) earlier than the day following your discharge date.

Obviously, you do not agree and that is certainly your right.

This concludes my commentary on this issue in this thread.

Good luck,
Ron
 

RonG

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Addendum.

The law that prohibits the payment of VA compensation for periods where a member received military active service pay.

Section 5304(c) of title 38, United States Code, provides that “Pension, compensation, or retirement pay on account of any person's own service shall not be paid to such person for any period for which such person receives active service pay.” “Active service pay” is defined by VA at 38 CFR 3.654 as “pay received for active duty, active duty for training or inactive duty training” and therefore encompasses both active duty and training pay.

Ron
 
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