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Disability Backpay Rules? Anyone Know Where They Are?
Posted 03 May 2006 - 09:34 AM
I contacted the Purple Heart representative in Syracuse NY and they contacted the VA which told them because I was retired I wasn't entitled to any VA back pay to my increase benefit claim date? That doesn't seem right, and until I can find the rules governing this I will look, and look, and look...
Then write to my congressman!
I made a claim to have my disability for my service related back injury compensation increased one year ago. After much fuss and appointments, etc...and waiting the VA finally increased my disability from 10% to 40% for my back injury, and overall disability from 40% to 60%.
I am also retired from the US Army, and have been having my VA benefit taken out of my retirement until last month after the percentage of disability was increased above 50%. Now I am getting both VA disability plus/and retirement as I should be. As of last month, the Army gives me a little less money every month (about $60) but the VA gives me almost $400 more on top of my retirement pay now.
My question is: Am I entitled to have my VA compensation that I just started to get back-dated/back-paided to my increased claim date of about one year ago to last month when I started recieving it?
Shouldn't the VA tally up what I get now from them ($400.00/month), multiply that by 12 months since the claim was filed a year ago ($400 x 12 months = $4800.00) and deduct the difference between what I was getting from the Army in retirement over the last year from what I get now, and repay them overpayments (-$60.00/month x 12 months = $720.00) and award me the amount left over (about $4080.00)? That seems fair to me.
Thank You in advance for any help you can render me with this situation.
Posted 03 May 2006 - 12:33 PM
I suggest that you go over these links good-
and if you google CRSC CRDP you will get more-and then CRDP CRSC retro will take you to some discussions on this- your question might be answered there-
I fully see what you are saying but the CRDP CRSC program isnt really understood by many SOs as well as the VA-
Are you possibly eligible for CRSC instead of CRDP? Some retirees are eligible for both and have to pick one program-
You sure are not the first vet to question the retro-
Did the VA cite any regs at all that they used to find you not eligible for retro? Or did they just make the statement you mentioned?
I am sorry that I dont know the answer -to your question-it will take going over the links above as it pertains to your situation-
this guys all had problems with their CRSC/CRDP
I think DFAS has screwed up many of these payments.
Posted 04 May 2006 - 06:36 AM
You are using the wrong premise in calculating what the VA should pay you. You have already been paid at 40% disability for the past year, so if there was anything owing, it would only be the additional 20%. However, even that is not correct, as that 20% was being paid to you by the Army, as the unallocated portion of your Retirement Pay that was not awarded by the VA.
For most 20+ year retirees, you are only paying your own Disability Compensation until your award reaches 70-80%. Prior to that, the VA award is subtracted from your Retirement Pay, dollar for dollar. The only benefit you receive, is the VA portion is tax exempt.
Yes, you are now getting more from the VA, and less from the Army. But they should both now stabilize. The Army will NOT pay back pay on the CRDP, that only becomes effective when the VA notifies them that you have been increased to 50% or more. The VA will NOT pay back pay to you, as the Army was paying you the amount of the VA increase, until such time as the VA notified them.
I'm afraid that given the information that you provided, nobody owes you anything. Maybe this will make you see how the politicians can always find a way to sc**w the Veteran.
Edited by wallyg, 04 May 2006 - 06:37 AM.
Posted 04 May 2006 - 08:19 AM
Back CRDP Pay, or not to Back Pay CRDP?...
I am trying to find regulations and ascertain if, and how I can get back pay CRDP that I believe is due me since my disability rating was increased from 40% to 60% retro-effective date determined by the VA to May 1, 2005, thus making thinking I am retro-eligible for CRDP for the last 12 months that I did not recieve.
In accordance with the Effective date of disability change per Department of Veterans Affairs decision Letter I recieved dated March 29, 2006 page 3 under the paragraph; “What Did We Decide” and the accompanying chart that depicts the medical description with old verses new percentages assigned, the far right box Effective Date entered is “Apr 21, 2005”. Also, the chart on page number one, paragraph titled “What Is Your Entitlement Amount and Payment Start Date?” under the column titled “Payment Start Date” the increased Evaluation Disability Benefit date annotated is “May 1, 2005”.
Furthermore, on page number two under the paragraph titled “When Can You Expect Payment?” states clearly “Your payment begins the first day of the month following your effective date” (April 21, 2005), which should have been May 1, 2005.
Thus, several references within this Veterans Administration decision letter indicates that my increased benefit should be effectively started on May 1, 2005. (a year ago).
I started receiving CRDP $384.56 as of May 1, 2006.
I believe, the effective date (one year ago) of the decision to increase my disability benefit from 40% to 60% make me eligible for CRDP since May 1, 2005 to the present. Thus, I believe I should be getting back pay CRDP from effective date May 1, 2005 to May 1, 2006.
For example, for the period of May 1, 2005 to May 1, 2006, if:
12 months x $384.56 CRDP = $4614.72 (or something close to it).
I'm still trying to figure out if this is true and what regulations can I point to that will help me with my arguement to the VA and US Army if need be. So far the VA has denied owing me this money.
P.S. Tthe VA and Army may have to square-up over the differences between them concerning the differences in VA disability benefits verses retirement payments made to me since May 1st, 2005 but this should be transparent to me. I just want the CRDP payments since May 1st, 2005.
Posted 04 May 2006 - 10:31 AM
Posted 05 May 2006 - 05:56 AM
In addition an amended fed tax form can be filed for the taxes paid on any back pay from the VA.
Hope this makes sense..
Edited by Moe, 05 May 2006 - 05:57 AM.
Posted 05 May 2006 - 07:52 PM
megndave - The current system does not allow for back pay on crdp. It becomes effective on the date received by and PROCESSED by Dod. The only way you would receive any back pay, which would come from VA, is if you went from lets say 40 percent to 100 percent. VA would then be obligated to pay you the difference which would be 60 percent because current law allows for full retirement and disability pay if you are rated at the 100 pecent level. Even in this case you would only get back pay from VA because you had already receive full retirement benefits from DoD. In your situation VA considers the additional 20 percent they gave you to have been covered by payment of your retirement. Look at it this way: Throw out crdp; VA disability is offset dollar for dollar by your retirement. If you get the money from VA then DoD withholds the dollar for dollar amount; If you get the money from DoD then VA withholds the dollar for dollar amount. The law does not allow them to pay both no matter what VA percentage you have. ie. even if you currently have a 100 percent rating from VA the law requires that it be offset dollar for dollar with your retirement pay. That is why you will see your entire retirement pay being withheld as a waiver on your retirement pay statement. Then at the bottom you will see the crdp payment which should equal your retirement pay. Bottom line is that confusion starts when we interpet the law as :I am authorized my retirement pay plus VA disability. The law requires that you still give up a dollar for dollar offset. Then the law allows DoD to pay you a CRDP payment which is to offset the offset against your retirement. I know this is confusing but bottom line is that if you were at 40 percent then VA paid you and your retirement was withheld. When you went to 60 percent with an effective date of 1 May 05 you have already received that additional 20 percent by taking your retirement pay so you award letter should show the amount being "withheld" due to receipt of retirement pay. At this point you zero out. There will be no back pay of crdp. Those who hold the power have made this rule. DoD knows this is not right and I have heard rummors that they are working on a progam which will allow them to back date awards all the way back to the effective date of the VA award since it could take VA 2-3 years to decide a claim. I do not see this happening but it is nice to dream.
Hate to bring bad news be here my story. Retired military applied for comp Aug 04 notified Aug 05 I was 60 percent (since raised to 70 percent) recived no back pay for the whole year. Did not receive first check till Sept 05. Look at it this way 3 years ago we got nothing now at least we have the 10 year phase in for concurent receipt. Thats why we have to stick tigether as Vets and fight the VA commision. We (rated over 50 percent) got ours lets fight for our brother and sister rated 40 percent and lower and fight that t he VA commision does not try to take SS away from the disabled vets.
Just my 2 cents