Medical Retirement vs VA

I'm in somewhat of the same boat: my retirement is a result of the PDBR retroactive granted at 30%. I've been receiving VA Comp at 90% +SMC. Now I've called DFAS and have been told that there is a scheduled payment for me at the end of this month. Problem is, I don't think I qualify for CRDP and my AF retirement is less than my VA comp. The most DFAS would tell me is that the severance I received would be taken from the AF pay (which I should never see anyway) but that was it. They've not received anything from the VA WRT my severance balance, etc. Any clues???
 
I am confused as I was rate as 10%-$172 by VA and 50% by the Army. I did not choose to receive the VA payment instead of my Army pay and yet I received a check for a check for $172. I am assuming I will not receive my Army pay which was a lot more-$1100. My injuries are not combat related so there is not a reason that I should be receiving both.
 
Hello All: I have 21 years (AD), and the have been placed on a MEB and they are working my case as I type. The main question is do I just retire or let the MEB process work it's way. Any information on benefits or what I need to look out for would be appreciated.

Thank You,

Jim
 
Sgtshy said:
Hello All: I have 21 years (AD), and the have been placed on a MEB and they are working my case as I type. The main question is do I just retire or let the MEB process work it's way. Any information on benefits or what I need to look out for would be appreciated.
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jim- you might want to start a new tread. The benefit to the MEB is that could end up with more money for retirement. depending on how moderate your injuries are you can get up ot 75% of your base pay.
 
maparker said:
If your unfitting condition is combat related then your disability retirement is not subject to federal income tax. Else it is taxable unless you were obligated to join the military on or before Sep 24(?) 1975.

Can somebody please show me a form where one is required to chose between military retirement and VA?

I think this is a bit misleading. You get both but the VA offsets the DoD retirement. Now, if the VA is greater than the DoD disability retirement there may be an antiquated requirement to waive the DoD retirement to get the higher VA. It is my belief that this dates back to the days before CRDP and CRSC.

If the VA is higher than you should still be able to get CRDP or CRSC to restore all or part of your DoD retirement if eligible for those programs.

If DoD is higher, it will still be offset by non taxable VA dollars.

I would only chose the VA if such a choice was required to get a VA amount that was higher than my DoD retirement and then I would file for CRSC, if eligible.


Mike
Mike
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Thanks you Sir for putting it out there that not all DOD medical retirement is taxable...... everyday I am told that my DOD medical retirement would be taxed and I know it's just not so.

As a side note I was obligated and in the service before 24 SEPT 75 (I know you pointed out that there aren't many of those types left)

He's my scenario. Final Pay $5222.40 X 75% TDRL = $3917.00; CRSC Entitement 100%= $2673.00 CRSC Rate Same As Current VA Rate W/O Dep $2673.00

Medical Retirement Monthy Payment $3,917.00
CRSC Monthly Payment $ 323.00
Total Benefit $4,240.00

ALL TAX FREE....... Unless I missed something?

If you think I did something wrong, please correct me..... Thanks
 
I was permanently retired, rated 50% from the AF, 80% from the VA. I have received my first month of my retired pay from he AF and I'm still waiting for the VA to do their processing - my VA rep said it usually takes a couple months, is that typical? Also when I went through TAPS the VA rep said that since I was permanently retired (9 years of service) unless I ask for a reevaluation my original VA rating won't change but you guys mentioned a re-eval after 5 years, what actually happens if you have less than 20 years?
 
7LVL said:
I was permanently retired, rated 50% from the AF, 80% from the VA. I have received my first month of my retired pay from he AF and I'm still waiting for the VA to do their processing - my VA rep said it usually takes a couple months, is that typical? Also when I went through TAPS the VA rep said that since I was permanently retired (9 years of service) unless I ask for a reevaluation my original VA rating won't change but you guys mentioned a re-eval after 5 years, what actually happens if you have less than 20 years?
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Go to this thread on VA rules:
http://www.pebforum.com/site/thread...-rule-for-stable-disability.10204/#post-59140
 
pittpan2005 said:
He is talking about the VA five year rule. Separate issue than DoD regulations for TDRL.
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Ok reading that thread really didn't clarify anything for me, I almost feel more confused now. Can you explain it for me?
 
It's just the regulations the VA is supposed to abide by in regards to reviewing VA claims; ie new C&P exams for Vets. It explains how someones claims, who is 100% VA, is reviewed differently than someone with less. It also explains the time restrictions people often talk about in regards to VA compensation. You might hear people discuss the 20 year rule. They are referring to the regulation that after a VA claim is 20+ years old, they are supposed to let it go and not review it for a change in %. There is also a 5 year rule.

What is unclear to me is that does the VA 5 year and 20 year clock start ticking from the date you're service connected; ie day after leaving active duty or based on the date of symptom onset?

7LVL you are PDRL so you don't have any new evaluations for DoD. The only thing you would be concerned with is the VA reviewing your claims and changing a rating. That's why i said check out the info on the other thread because it breaks down the time restrictions the VA uses in reviewing claims.
 
I am scheduled for my first VA medical eval since retiring next month, when I go I guess I can ask about the 5 year reassessment.
 
7LVL said:
I am scheduled for my first VA medical eval since retiring next month, when I go I guess I can ask about the 5 year reassessment.
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i am rated by the VA from prior injuries and they bring me in from time to time for re-evaluations. your PDRL ratings will not change. i believe the ratings for the VA become permenant at 20 years.
 
I'm just curious how they evaluate mental health issues when you are only seen by a VA doctor every few years!
 
7LVL said:
I'm just curious how they evaluate mental health issues when you are only seen by a VA doctor every few years!
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How do you evaluate your own mental health issues? Are there any concerns on your part? Are you seeing anyone? Do you feel cured?

I recently had soldier that had his rating lowered because he was not seeking any assistance and their (VA's) spin was that he couldn't be "that bad off" if wasn't seeking improvement. They literally felt that he was only trying to keep his rating to keep his monthly check coming in...

It's not fair, but it's what happening :eek:
 
I'm not sure if I agree. If a condition that was not found unfit for military service and is only being rated by the VA, why should you still receive compensation if the condition is no longer a factor? I would say that if that condition has been resolved, that compensation should be removed from a percentage and possibly rated at 0% until or unless the condition resolves, which at that time, compensations should be reinstated. If a soldier is not willing to seek the provided medical services, he is only going to cause more problems and in a professionals eyes, if someone is unwilling to seek assistance when it is provided, it almost paints a picture that the problem is not as bad as it was and and must have resolved. Of course there are those who are just unwilling to seek assistance, but I believe if you want the VA to assist you, as a recipient of these benefits, you should use the resources made available to you, even if you cannot be cured. I don't think anybody enjoys a disability so why would you not want to get better. If its all because of the VA paycheck, then I believe that is wrong. I have to agree with the comment NDBravehart84 mentioned above, except I think it is fair if you are unwilling to seek the assistance the VA provides to heal, you probably aren't as bad as off as you claim to be. I don't want to include everyone in this but there are some out there who are only after a rating. You can usually tell by some of the questions and comments people post on this forum. We have all seen them.
 
Hawk,
I agree with most of what you say. The system isn't perfect and yes, there will always be some who might not "need" or deserve compensation, but for the most part I think people do the right thing. I think of the WWI, WWII, Korean and Vietnam Vets who didn't have the help and assistance many of them now provide to us. If it was available, they would have also taken advantage of it.

The problem I have is with a lot of the traditional medical community itself. If someone finds another avenue of dealing with disabilities outside of a medical setting or heaven forbid, seek "Naturopathic care," the medical community and VA make harsh judgements against them. Look at PTSD and how treatment needs tailored to each individual. I have seen many people want to receive help within the VA, but they don't listen to the SM. It could also have something to do with 1300 patients per doctor at some clinics.

Now just to stir the pot a little, what is a SM, such as myself, supposed to do for medical treatment when the VA doesn't have the medical resources available to treat it? I have a medical condition that is rated at 100% VA, but untreatable because the VA won't think and treat outside the box. I have Tricare and Medicare, but still have to pay out of pocket for appointments and some treatment. Tricare covers most of the drugs!!!! Luckily I can afford it, but if I was a young vet who wasn't medically retired and didn't have the ability to seek appropriate treatment or worse, the VA wouldn't even acknowledge the diagnosis, I would be screwed. Not a single advocate in DC has been able to find a way to force Tricare to cover my claims. Nothing like dumping 10K plus a year down the toilet because of the political medical system.

ok sorry Hawk, that was a bit of a rant as well. I liked your post..........
 
hawkdrivermtp said:
I'm not sure if I agree. If a condition that was not found unfit for military service and is only being rated by the VA, why should you still receive compensation if the condition is no longer a factor? I would say that if that condition has been resolved, that compensation should be removed from a percentage and possibly rated at 0% until or unless the condition resolves, which at that time, compensations should be reinstated. If a soldier is not willing to seek the provided medical services, he is only going to cause more problems and in a professionals eyes, if someone is unwilling to seek assistance when it is provided, it almost paints a picture that the problem is not as bad as it was and and must have resolved. Of course there are those who are just unwilling to seek assistance, but I believe if you want the VA to assist you, as a recipient of these benefits, you should use the resources made available to you, even if you cannot be cured. I don't think anybody enjoys a disability so why would you not want to get better. If its all because of the VA paycheck, then I believe that is wrong. I have to agree with the comment NDBravehart84 mentioned above, except I think it is fair if you are unwilling to seek the assistance the VA provides to heal, you probably aren't as bad as off as you claim to be. I don't want to include everyone in this but there are some out there who are only after a rating. You can usually tell by some of the questions and comments people post on this forum. We have all seen them.
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OK.....In 7LVL's case he is PDRL 50% Air Force... He is never going to be re-evalated by DOD and was asking how VA re-evalutes conditions if they never see him except every few years.
What I was trying to point out is that YOU NEED TO SEEK TREATMENTS WELL BEFORE RE-EVALS, because they (VA) only know what your records tell them.

NO TREATMENTS in the soldiers case notes that I worked with this summer lead them to reducing his rating.... (because in thier way of thinking his condition could not be as bad as it was if he was not seeking some form of treatment) He had an Anxiety Attack during his re-eval (he also smelled of cannibus) and they literally thought he was staging it to try to keep his current ratings.
I know the kid has problems and we are getting him help..... He really felt the re-eval was no big deal. IT IS A BIG DEAL and thats why I was explaining his situation.
We must remind ourselfs that we must keep paperwork and notes on treatments and plan on re-evals.
If conditions improve then it only makes sense that rating would drop if conditions really did improve.

I also think we should constantly try to improve are self, even if we stumble from time to time along the path of "seeks self improvement". ;)Bravehart
 
NDBravehart84 said:
OK.....In 7LVL's case he is PDRL 50% Air Force... He is never going to be re-evalated by DOD and was asking how VA re-evalutes conditions if they never see him except every few years.
What I was trying to point out is that YOU NEED TO SEEK TREATMENTS WELL BEFORE RE-EVALS, because they (VA) only know what your records tell them.

NO TREATMENTS in the soldiers case notes that I worked with this summer lead them to reducing his rating.... (because in thier way of thinking his condition could not be as bad as it was if he was not seeking some form of treatment) He had an Anxiety Attack during his re-eval (he also smelled of cannibus) and they literally thought he was staging it to try to keep his current ratings.
I know the kid has problems and we are getting him help..... He really felt the re-eval was no big deal. IT IS A BIG DEAL and thats why I was explaining his situation.
We must remind ourselfs that we must keep paperwork and notes on treatments and plan on re-evals.
If conditions improve then it only makes sense that rating would drop if conditions really did improve.

I also think we should constantly try to improve are self, even if we stumble from time to time along the path of "seeks self improvement". ;)Bravehart
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I see a psychiatrist, monthly but she is not part of the VA, my question was if I would have to start seeing a different VA doctor all the time or just once every few years, and if the latter how can the VA base an re-eval on that.
 
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