Can retirement Pay be Switched to VA Pay $ for $

[NONATUS2]

Howdy all,

very confused and I even had a lawyer for this brutal MEB! Would appreciate any help in letting me know if I am wrong and why, or if this is just more of the bureaucratic nonsense we all fight through.

I was just officially medically retired with over 20 years in at 100%/100%. I asked DFAS and the VA to transfer my retired USAF pay through VA $ for $--no double dipping of course, but I did want my retirement pay to go through the VA to come out as non-taxable pay. DFAS tells me that since this was non-combat related pay--they can NOT transfer my retired pay through the VA such that the VA would cut my check instead of DFAS. First I heard of this restriction.

I discussed this with my lawyer before the final rating came though and this $ for $ transfer was not an issue--not even a question.

Can someone out there help me understand this?

Thank you Kindly

God Bless

VR Damaged & Confused

 

[Warrior644]

Howdy all,

very confused and I even had a lawyer for this brutal MEB! Would appreciate any help in letting me know if I am wrong and why, or if this is just more of the bureaucratic nonsense we all fight through.

I was just officially medically retired with over 20 years in at 100%/100%. I asked DFAS and the VA to transfer my retired USAF pay through VA $ for $--no double dipping of course, but I did want my retirement pay to go through the VA to come out as non-taxable pay. DFAS tells me that since this was non-combat related pay--they can NOT transfer my retired pay through the VA such that the VA would cut my check instead of DFAS. First I heard of this restriction.

I discussed this with my lawyer before the final rating came though and this $ for $ transfer was not an issue--not even a question.

Can someone out there help me understand this?

Thank you Kindly

God Bless

VR Damaged & Confused

Welcome to the PEB Forum!

Interesting indeed...

With the assumption that you were "just officially medically retired..." via the new DoD IDES MEB/PEB process, I offer the following feedback. Moreover, I noticed that you are an USAF medical retiree; therefore, keep in mind that my feedback is from an U.S. Army perspective.

In retrospect, upon receipt of your DoD IDES IPEB findings, how many PEB referred unfitting conditions which rendered you unfit for further military service existed on the AF Form 356?

Within the total number of unfit disabilities, how many medical conditions were yielded a "condition is combat related" or "condition is non-combat related" determination? If a combat related determination was rendered on any individual unfit medical condition, the following statements (or its equivalent) should have been annotated on the AF Form 356?:

1. The disability disposition is based on disease or injury in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, and 6303). (This determination is made for all compensable cases but pertains to potential benefits for disability retirees employed under Federal Civil Service.)

2. Evidence of record reflects the Soldier was not a member or obligated to become a member of an armed force or Reserve thereof, or the NOAA or the USPHS on 24 September 1975.

3. The disability did result from a combat-related injury under the provisions of 26 USC 104 or 10 USC 10216.

With that all said, if the aforementioned documentation showed "combat-related injury" determination and it was somewhat overlooked during or not properly forwarded to DFAS, then you probably have legal merit for official documentary correction.

Otherwise, your comment of "DFAS tells me that since this was non-combat related pay--they can NOT transfer my retired pay through the VA such that the VA would cut my check instead of DFAS" is probably a DFAS response (I am not a lawyer) with legal validity.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[NONATUS2]

Thank you Sir.

 

[Warrior644]

Welcome to the PEB Forum!

Interesting indeed...

With the assumption that you were "just officially medically retired..." via the new DoD IDES MEB/PEB process, I offer the following feedback. Moreover, I noticed that you are an USAF medical retiree; therefore, keep in mind that my feedback is from an U.S. Army perspective.

In retrospect, upon receipt of your DoD IDES IPEB findings, how many PEB referred unfitting conditions which rendered you unfit for further military service existed on the AF Form 356?

Within the total number of unfit disabilities, how many medical conditions were yielded a "condition is combat related" or "condition is non-combat related" determination? If a combat related determination was rendered on any individual unfit medical condition, the following statements (or its equivalent) should have been annotated on the AF Form 356?:

1. The disability disposition is based on disease or injury in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, and 6303). (This determination is made for all compensable cases but pertains to potential benefits for disability retirees employed under Federal Civil Service.)

2. Evidence of record reflects the Soldier was not a member or obligated to become a member of an armed force or Reserve thereof, or the NOAA or the USPHS on 24 September 1975.

3. The disability did result from a combat-related injury under the provisions of 26 USC 104 or 10 USC 10216.

With that all said, if the aforementioned documentation showed "combat-related injury" determination and it was somewhat overlooked during or not properly forwarded to DFAS, then you probably have legal merit for official documentary correction.

Otherwise, your comment of "DFAS tells me that since this was non-combat related pay--they can NOT transfer my retired pay through the VA such that the VA would cut my check instead of DFAS" is probably a DFAS response (I am not a lawyer) with legal validity.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

Thank you Sir.

You are welcome!

Thus, possessing well-informed knowledge is truly a powerful equalizer.

Best Wishes!