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@  britton : (22 November 2014 - 06:44 AM) What Does ''you Missed Your Quota For Postives Votes Today'' Mean??
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@  maxwell18 : (16 November 2014 - 09:04 PM) I Still Have To Bitch About The Navy Hosp Cutting My Meds By 2/3 On My Norco. I Contacted Customer Service Or What Ever You Want To Call It Who In Turn Contacted The Navy Hosp Pensacola Commander Who In Turn Did Nothing. Thanks To All The People That Are Affair Of There Jobs And I Feel That Medical Malpractice Should Come Into Place. I Guess Just Do What Ever They Want To Because They Can, But Don't Give A Sh T For The Vets That Suppose To Being Supporting From All The Military  organizations. This Is Not The Way They Have Been Trained And Promised To Do. 
@  carlie : (16 November 2014 - 11:26 AM) Delayed Onset Tinnitus - Ref To Va Training Letter 10-028 - Link - Http://veteranclaims.wordpress.com/2014/05/06/single-Judge-Application-Va-Training-Letter-10-028-Delayed-Onset-Tinnitus/
@  carlie : (16 November 2014 - 11:03 AM) Here's A Good Tinnitus Link To Check Out From M21-1 Change Dated Jan 10,2014 - Http://veteranclaims.wordpress.com/tag/section-B-Duty-Military-Occupational-Specialty-Mos-Noise-Exposure-Listing-Fast-Letter-10-35-Tinnitus-Hearing-Loss-Vbms-Rating-Decision-Tools/
@  Asiadaug : (16 November 2014 - 02:08 AM) "rolled" Not Ruled! :)
@  Asiadaug : (16 November 2014 - 02:07 AM) Thanks. I Have Seen The Fast Ltr 10-35 And Have Seen Cases Where The Va Has Apparently Agreed That Tinnitus Can Have Delayed Onset. I Did Not In Looking Over The Fast Ltr See Where They Had Ruled 10-028 Into That. And, I Am Not Sure In The Vas Issuance Of ‘policy’ Type Letters How They Might Roll In Previous Instructions Into Newer Ones. Maybe There Is Some Intranet Traceability Capability? I Was Just Curious As There ‘appeared’ To Be Conspicuous Absence Of That 10-028. I Am Assuming 10-028 Was Written In 2010. But It May Be I Should Not Assume Anything.
@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
@  Tbird : (15 November 2014 - 07:50 AM) Asiadaug Searched All Over For Va Training Letter 10-028 But No Luck So Far.
@  Asiadaug : (15 November 2014 - 02:12 AM) Several Cases I've Run Across Mention Va Training Letter 10-028 With Apparent Discussion About Delayed Onset Of Tinnitus. I Have Been Unable To Locate That Trng Ltr. Any Suggestions?
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Chap 61 Retired


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18 replies to this topic

#1 prietosky

 
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Posted 04 June 2012 - 05:26 PM

I everyone, i just been retired form the army with 80% permanent disability after 6 years, all combat related injuries. 90% service connected from VA. my question is,what benefits do i will have and if i could be able to received the both, army retired pencion and VA compensation. comments will be welcome. THANKS

#2 SP4RVN1971

 
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Posted 04 June 2012 - 09:03 PM

Welcome Aboard, there is a lot of great people here!


They can help you with your problem's as they help mePosted Image !

#3 justrluk

 
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Posted 05 June 2012 - 09:12 AM

Well, to start: Welcome! Did you apply for CRSC? If so, you should get both payments. As a retiree, you have access to military MWR facilities, PX, Commissary, etc. Remember to get dependent/spouse ID cards as they'll have access, too.

#4 DblTap1

 
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Posted 28 June 2012 - 10:13 PM

You will not receive both. Initially you will receive DoD PDRL pay until VA pay starts. VA pay will then pay in place of DoD. In other words, if you Dod pay was $2,000 and VA was $1,500, you would receive a total of $2,000. If it was the other way and Dod paid at $1,500 and VA at $2,000, you would get $2,000.

If you show a high enough combat related injury/injuries you may qualify for CRSC which would be additional to either your Dod or VA pay.

I was recently retired TDRL at 70% and will soon be receiving DoD TDRL pay. Once approved I will be receiving CRSC and once adjudicated I will be receiving VA in place of DoD... At least that how I understand it.

Thanks for your service!

#5 etihwr

 
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Posted 28 July 2012 - 09:30 AM

There is an exception to the rule about getting both CRSC and CRDP. If you a Ch 61 retiree, you get both. You can call any of the Wounded Warrior program officer (Military non non-profit) and they will verify this). I used to work for the Army Wounded Warrior Program at Walter Reed (in DC). This has been in place since 2008. So if your an E4, your getting retirement pay, VA comp and CRSC. You should also apply for SSDI. You can get that too especially if your on active duty. If turned down for SSDI, hire an attorney. Yes they take 20%, but they wouldn't take the case if they didn't think they could win. It is better to have 80% of something than 100% of nothing.

#6 Berta

 
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Posted 28 July 2012 - 10:16 AM

“Retirees cannot receive both Combat Related Special Compensation (CRSC) and Concurrent Retirement and Disability Pay (CRDP). If you quality for both, DFAS will automatically apply the entitlement that is most advantageous to you. Every year, during Open Season, you'll have the opportunity to change your election. Open season usually takes place in January. “


http://www.dfas.mil/...comparison.html

#7 carlie

 
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Posted 28 July 2012 - 12:51 PM

There is an exception to the rule about getting both CRSC and CRDP. If you a Ch 61 retiree, you get both. You can call any of the Wounded Warrior program officer (Military non non-profit) and they will verify this). I used to work for the Army Wounded Warrior Program at Walter Reed (in DC). This has been in place since 2008. So if your an E4, your getting retirement pay, VA comp and CRSC. You should also apply for SSDI. You can get that too especially if your on active duty. If turned down for SSDI, hire an attorney. Yes they take 20%, but they wouldn't take the case if they didn't think they could win. It is better to have 80% of something than 100% of nothing.



etihwr,
If you are on active duty or if you are working you will not receive a fully favorable decision
from SSA, for SSDI benefits.

If you have a link that supports your statement above - please post it.

#8 fiasco007

 
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Posted 28 July 2012 - 03:17 PM

etihwr,
If you are on active duty or if you are working you will not receive a fully favorable decision
from SSA, for SSDI benefits.

If you have a link that supports your statement above - please post it.


Carlie,

If you go to the SSN/SSDI site, there is a Military button at the top and a Q&A that says you can get it. I'm not home so I dont have the link, when I get back I will try to post it. Also, when I was going through my C&P exam in Sacramento, I bumped into some wounded warrior guys who had a troop that was getting it. I know thats just "he said she said" but they were the ones who originally turned me on to the idea.

I applied about 2 months ago and i'm still active. So in anothe few months I will be able to tell you if I get it or not.

#9 fiasco007

 
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Posted 28 July 2012 - 03:27 PM

Here we go. scroll down and there is a question "what if I remain on active duty?"

http://www.socialsec...warriors/#a0=12

Now, I dont know if this is in anticipationof being discharged/retired, but it does say you can recieve and be active. BUT I believe you had to have earned your credits over the last several years or something or another. I know when you apply, it will tell you if you have earned enough.

Edited by fiasco007, 28 July 2012 - 03:28 PM.


#10 carlie

 
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Posted 28 July 2012 - 04:31 PM

Carlie,

If you go to the SSN/SSDI site, there is a Military button at the top and a Q&A that says you can get it. I'm not home so I dont have the link, when I get back I will try to post it. Also, when I was going through my C&P exam in Sacramento, I bumped into some wounded warrior guys who had a troop that was getting it. I know thats just "he said she said" but they were the ones who originally turned me on to the idea.

I applied about 2 months ago and i'm still active. So in anothe few months I will be able to tell you if I get it or not.


I went and checked it out and as I understand it, relates to expedited processing of SSA claims
for wounded warriors still on active duty.

http://ssa.gov/woundedwarriors/#a0=3

It supports expedited processing, but if the active duty service member is doing their
regular active duty work, it does not provide support for a fully favorable decision
from SSA, for SSDI benefits.


How does military pay affect eligibility for disability benefits?



Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program or on limited duty, we will evaluate your work activity to determine your eligibility for benefits.



Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program or on limited duty, we will evaluate your work activity to determine your eligibility for benefits.


You cannot receive Social Security disability benefits if you engage in substantial work for pay or profit. However, the actual work activity is the controlling factor and not the amount of pay you receive or your military duty status.



#11 fiasco007

 
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Posted 28 July 2012 - 07:30 PM

I went and checked it out and as I understand it, relates to expedited processing of SSA claims
for wounded warriors still on active duty.

http://ssa.gov/woundedwarriors/#a0=3

It supports expedited processing, but if the active duty service member is doing their
regular active duty work, it does not provide support for a fully favorable decision
from SSA, for SSDI benefits.



How does military pay affect eligibility for disability benefits?



Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program or on limited duty, we will evaluate your work activity to determine your eligibility for benefits.



Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program or on limited duty, we will evaluate your work activity to determine your eligibility for benefits.


You cannot receive Social Security disability benefits if you engage in substantial work for pay or profit. However, the actual work activity is the controlling factor and not the amount of pay you receive or your military duty status.



Thats what I was looking for. I think they will pay you if you are on your way out, "like i said before, I know the guy, who knows the guy, who knows the guy..." But I dont imagine that they would continue to pay you if you are on active duty.

Me, for example. applied about 2 months ago. If I start to recieve benefits in the next few months, I will let you know. According to their rules, I do qualify due to limited duty, being treated at a mil facilty, and have a dimenished work activity/profile. When I appeal my med board, i could possibly still be active for another year and 1/2, if SSDI will still pay me then? I dont know but I will be sure to tell everyone if they do.

#12 broncovet

 
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Posted 29 July 2012 - 05:48 AM

I think Berta explained it well.

There is a difference between Social Security Disability and social security retirement.

In other words, you could be retired with social security, say at age 65, and still be working in the military, tho this would not happen often.

However, if you had special skills the military needed, they may not care if you are over 65..they may keep you on.

But..No..I dont think you can get social security disability while working. You are looking at Social Security retirement, not social security disability. The rules for retirement are different than the rules for diabled, in at least some ways.

#13 fiasco007

 
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Posted 29 July 2012 - 03:55 PM

I think Berta explained it well.

There is a difference between Social Security Disability and social security retirement.

In other words, you could be retired with social security, say at age 65, and still be working in the military, tho this would not happen often.

However, if you had special skills the military needed, they may not care if you are over 65..they may keep you on.

But..No..I dont think you can get social security disability while working. You are looking at Social Security retirement, not social security disability. The rules for retirement are different than the rules for diabled, in at least some ways.


You can actually work, but there are rules as to how many hours/salery type thing within so many months up to so many years. I believe it is based on the local poverty level for your area. BUT, there are exceptions to the rule, like being self employed, and owning your own business.

Edited by fiasco007, 29 July 2012 - 04:01 PM.


#14 Berta

 
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Posted 30 July 2012 - 07:48 AM

Broncovet- It was Carlie who explained the SSA/SSDI factor very well-


I only posted the DFAS info


Fiasco007 is correct that some SSDI recipients can have limited work income. I imagine that is on a case by case basis.


I know a vet who was able to do that and he had to report his wages to SSDI..After his “trial” period he ended up making more then “substantial “ employment and he had quite a battle with SSDI over it and had to get a lawyer.
I believe SSDI requires wage statements throughout work periods while receiving SSDI.




http://ssa-custhelp....bility-benefits







<a name="rn_Summary">"Working while receiving Social Security disability benefits


Updated 06/29/2012 04:10 PM | ID# 317
Can I work while receiving Social Security disability without losing my benefits?



We have special rules that allow people who get Social Security disability benefits to work without loosing their monthly benefits.
A trial work period allows you to test your ability to work for at least nine months and receive full Social Security benefits regardless of how much you are earning as long as you disabled.
After your trial work period, you are allowed a period of 36 months during which you can work and still receive benefits for any month your earnings are not substantial."

#15 fiasco007

 
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Posted 31 July 2012 - 01:06 AM

I have heard of people who get it and own their own business. Since SSDI isnt dependant on your income, but more so how much you can work, you can do this and get away with it totally legal.

Just because you own a bar/resteraunt or whatever, doesnt mean you are slaving away 12 or more hours a day. Someone else might be, but not neccessarily you. I also read something about a guy who was on SSDI and owned a daycare. He only worked a few hours a day, and had a quite room to laydown in when he felt like it.

#16 carlie

 
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Posted 31 July 2012 - 01:25 AM

I have heard of people who get it and own their own business. Since SSDI isnt dependant on your income, but more so how much you can work, you can do this and get away with it totally legal.

Just because you own a bar/resteraunt or whatever, doesnt mean you are slaving away 12 or more hours a day. Someone else might be, but not neccessarily you. I also read something about a guy who was on SSDI and owned a daycare. He only worked a few hours a day, and had a quite room to laydown in when he felt like it.


fiasco,
Many times it does not pay to listen to what one hears or reads.

If one is in receipt of SSDI benefits and owns their own business,
and even if they have employees doing all the work,
this is considered substantial gainful activity and at sometime,
action will be taken to sever the SSDI benefits.

In some circumstances - SSA will decide the claimant has been overpaid due to this
and SSA will find a way to recover their money.

#17 fiasco007

 
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Posted 31 July 2012 - 05:01 PM

fiasco,
Many times it does not pay to listen to what one hears or reads.

If one is in receipt of SSDI benefits and owns their own business,
and even if they have employees doing all the work,
this is considered substantial gainful activity and at sometime,
action will be taken to sever the SSDI benefits.

In some circumstances - SSA will decide the claimant has been overpaid due to this
and SSA will find a way to recover their money.


Your might very well be right. But the site even says its not about income. Its about be able to perform substantial work.

#18 carlie

 
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Posted 01 August 2012 - 05:24 AM

Your might very well be right. But the site even says its not about income. Its about be able to perform substantial work.


I will say to all - Hey - Go For It - If that's the path you want to take.

#19 fiasco007

 
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Posted 01 August 2012 - 03:15 PM

I'm with you Carlie, if anyone can find something concrete regarding this, please share and I will advise the people I know for/against it.