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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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  • 0

Disability Backpay Rules? Anyone Know Where They Are?

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Posted

I inquiring about backpayment VA Rules.

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!

My situation:

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.

Dave: megndave@twcny.rr.com

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6 answers to this question

Posted

Dave- Lois ,of MOPH -with offices in the Syracuse VA is pretty good in my mind-but regardless who you contacted- this issue is complex-

I suggest that you go over these links good-

http://www.military.com/Resources/Resource...4,75463,00.html

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

http://www.veteransresources.org/forums/showthread.php?t=211

I think DFAS has screwed up many of these payments.

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Posted

Dave

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.

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Posted

Here is a much beter explanation of my situation:

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.

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Posted

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.

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Posted

I am retired military and am waiting on my award letter which will put me in the same situation as Dave. The way it was explained to me is no back pay in retirement but might receive back disability pay from VA. I say maybe because they use chinese logic and math so that it is indecipherable by mortal beings.

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..

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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.

Guys

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

Jim :(

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