Jump to content

VA and Military Retirement


Recommended Posts

I saw this article on Facebook in a Group I belong to

 

I know that there are people here who collect both VA Disability and Military Retirement - will this change affect you and is it Good?

 

http://www.military.com/benefits/content/military-pay/concurrent-retirement-and-disability-pay-crdp-overview.html

  • Like 2
Link to post
Share on other sites
David Spicer

This is by no means a recent change. Unfortunately, at only 20%, it does not effect me. Hopefully that will one day change, but I'm not going to hold my breath. Obviously for those rated at 50% or more, and no longer lose a Dollar of military retirement for every Dollar of VA compensation, it is a very good thing.

Link to post
Share on other sites
USMC-Retired

Which is all in all a big joke. It really just pisses me off. I am rated at 40% and have appealed it several times to no avail. That amount is $699 dollars. Which inturn is deducted from my military retirement. However if I had just exited when the problem was found I would have not served 10 more years in the Military. If you calculate that as my Military Retirement currently is $1800 dollars. Then Basing that off 20 years. It is 90 dollars a year and 69 dollars a year for VA compensation. They do not tell you this when you are getting treatment.

 

Looking at that those numbers you will see I worked the last 10 years of my military career for only 23% of my retirement base as current. I worked 10 years with a 77% loss of monies. When I should have exited and been better off.

Edited by Norseman
Link to post
Share on other sites

In hindsight instead of joining the MC, I should have gone into politics. Couple years in office, full pension, great health insurance, break law's with impunity.

 

Bitter , angry, whinning? No just disqusted.

 

Well maybe whining a little :)

Whiner 0311

Link to post
Share on other sites
tom_shor

This is by no means a recent change. Unfortunately, at only 20%, it does not effect me. Hopefully that will one day change, but I'm not going to hold my breath. Obviously for those rated at 50% or more, and no longer lose a Dollar of military retirement for every Dollar of VA compensation, it is a very good thing.

 

Are you hoping they will change the cutoff to 20% or are you hoping to be 50% disabled someday? :dance: Just trying to clarify.

 

This really is a good thing I don't know why it was ever the other way in the first place

Link to post
Share on other sites
David Spicer

Are you hoping they will change the cutoff to 20% or are you hoping to be 50% disabled someday? :) Just trying to clarify.

 

This really is a good thing I don't know why it was ever the other way in the first place

 

Since I was surprised to even get 20%, I'm hoping they one day end the trade-off completely. It was originally setup to be more or less sel-supporting, and the VA portion is tax free. The VA has its own funding now and the self-supporting part has not been the case for a long long time., I wonder where the trade-off money goes now..

Link to post
Share on other sites

After reading he comments here, I feel lucky not to have made the military a career.

 

I don't understand the policy - As a civilian I worked 41 yrs in the private sector after my discharge. I retired at the age of 62 and I receive VA disability, plus a very small pension - under $2100/yr. My VA Disability increased significantly in the last few months, but my SS has stayed the same -

 

So why does the gov't need to reduce Military Retirement based on the VA Disability?

 

I could understand - not necessarily agree with if there was a correlation between VA Disability and SS Disability. Or between Military Retirement and SS Retirement - but VA Disability is due to your service - you bled, or put yourself in harms way - why do they have reduce your retirement for this?

 

Me thinks I need to write my congressional Reps.

Link to post
Share on other sites
  • 1 month later...

It is my understanding that this will all change in 2014. Meaning that the retirement pay will not be reduced to get disability pay, no matter the rating. I could be wrong, as I am a 60% disabled vet and have't done extensive research. But, I do remember reading this.

 

Update: After further research, I understand it even less.

Edited by Kevin_S
Link to post
Share on other sites

Now I am not retired military, but am a disable vet. Also, I am retired Civil Service.

Under Regan, the double dipping issue took effect, not sure 100 % if this issue started then, but I think it did. I know that federal employees who retired under Civil Service cannot draw their SS at 100 %. (I think my SS will drop about 70 % when I start to draw it.) I also think that this is when the Va and the military retirement issue took place. They called it double dipping too...They felt that If the Military was paying your pension, then U should not be able to collect for injurys because the pension covers it...U had some retired military with several checks coming from the Gov't, Military pension, Civil Service pension, SS, and disable Va checks, and people got in a big huff about it and under Regan they changed it so a person could not double dip.. without penalty.

 

Under George Bush Jr., Vet's under 50 % have to pay for services from the VA hospital based on 'Need '. 50% and above it is all free.

Link to post
Share on other sites
ft_chief

It is my understanding that this will all change in 2014. Meaning that the retirement pay will not be reduced to get disability pay, no matter the rating. I could be wrong, as I am a 60% disabled vet and have't done extensive research. But, I do remember reading this.

 

Update: After further research, I understand it even less.

 

You still will have to be at least 50% rated to collect concurrent receipt payment. In 2014, there will no longer be any Va offset to getting your full military retirement.

Link to post
Share on other sites
ft_chief

Now I am not retired military, but am a disable vet. Also, I am retired Civil Service.

Under Regan, the double dipping issue took effect, not sure 100 % if this issue started then, but I think it did. I know that federal employees who retired under Civil Service cannot draw their SS at 100 %. (I think my SS will drop about 70 % when I start to draw it.) I also think that this is when the Va and the military retirement issue took place. They called it double dipping too...They felt that If the Military was paying your pension, then U should not be able to collect for injurys because the pension covers it...U had some retired military with several checks coming from the Gov't, Military pension, Civil Service pension, SS, and disable Va checks, and people got in a big huff about it and under Regan they changed it so a person could not double dip.. without penalty.

 

Under George Bush Jr., Vet's under 50 % have to pay for services from the VA hospital based on 'Need '. 50% and above it is all free.

 

Tim, the Concurrent Receipt Law was passed in 2004. Prior to that date, it was impossible to receive your full military retirement and VA disability compensation. As of 2004 this law changed so that qualified disabled military retirees will now get paid both their full military retirement pay and their VA disability compensation. This recently passed law phases out (over 9 years) the VA disability offset, which means that military retirees with 20 or more years of service and a 50% (or higher) VA rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation.

Link to post
Share on other sites
David Spicer

Tim, the Concurrent Receipt Law was passed in 2004. Prior to that date, it was impossible to receive your full military retirement and VA disability compensation. As of 2004 this law changed so that qualified disabled military retirees will now get paid both their full military retirement pay and their VA disability compensation. This recently passed law phases out (over 9 years) the VA disability offset, which means that military retirees with 20 or more years of service and a 50% (or higher) VA rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation.

 

By simply looking at the figures it seems to me to be a government malfunction. Those of us rated under 50% should be the ones getting concurrent receipt.

Link to post
Share on other sites

ft_chief U were right, I google and found this on the Concurrent Receipt .... also, I looked up the WEP law....

thanks

tim

Concurrent Receipt :

In the late 1800’s Congress passed a law that prohibits Retired Military member (20 or more years of service) who are disabled (proven beyond a shadow of a doubt to the doctors at the Veterans Administration) from collection their earned pension and disability compensation.

Late in the nineteenth century, Congress was looking

at military retired pay and disability pensions and

found the administration of the programs in shambles.

There were instances of persons receiving military

disability pensions while still on active duty. In an effort

to correct the problem, Congress inserted language in

the FY 1892 appropriations legislation prohibiting an

individual from receiving both military retired pay and a

disability pension. Currently, the prohibition is

described in 38 USC 5304(a)(1) and reads as follows:

 

§ 5304 (a) (1) Except to the extent that retirement pay is waived

under other provisions of law, not more than one award of

pension, compensation, emergency officers', regular, or reserve

retirement pay, or initial award of naval pension granted after July

13, 1943, shall be made concurrently to any person based on

such person's own service or concurrently to any person based

on the service of any other person.

 

 

In January 2002 Congress corrected the old law. Disabled Military Retirees would be allowed to collect their earned pensions and disability compensation from the Department of Veterans Affairs. However, Congress did not provide for the funds to implement the program.

 

Currently Congress is in the process to appropriating the money to run the Federal Government for the year 2003. They will pass 13 major funding bills. Each bill must be signed by the President to become law.

 

The Bush Administration has indicated they will advise the President to Veto any Defense Appropriation Bill that has Concurrent Receipt in it. They claim the cost as to expensive.

 

 

 

Social Security administration's windfall emimination provision

 

 

The Windfall Elimination Provision (WEP) has been around since the Regan Administration, but most people never learn about this provision until it is too late. The WEP is a provision in the Social Security law that serves to prevent retirees from getting a “windfall” of money from the federal government. I’ll get back to the term windfall in a moment. But first

 

 

 

The Windfall Elimination Provision (WEP) “was enacted as part of the 1983 Social Security Refinancing Act, designed to shore up the financing of the Social Security Trust Fund. That Act was signed into law by President Ronald Reagan” (Mass Retirees).

 

“The Windfall Elimination Provision primarily affects [a public employee who has] earned a pension in any job where [he or she] did not pay Social Security taxes and also worked in other jobs long enough to qualify for a Social Security retirement or disability benefit” (Social Security website).

Link to post
Share on other sites
ft_chief

By simply looking at the figures it seems to me to be a government malfunction. Those of us rated under 50% should be the ones getting concurrent receipt.

 

Yes, it is an injustice for all those who do not qualify at 50%. I believe that all retirees should receive their full VA disability. There has been

several attempts to get this corrected in the last few years but they are never able to get the bill out of committee for a full vote. Now with our

deficit issues, unfortunately, I don't see it changing anytime soon. Your best bet is to get to 50% if possible. Scrub thru your SMR's for any medical

issues that have been aggravated or worsened. Even new medical issues that could be secondary to current SC disability.

Link to post
Share on other sites

"unfortunately, I don't see it changing anytime soon. Your best bet is to get to 50% if possible. Scrub thru your SMR's for any medical issues that have been aggravated or worsened. Even new medical issues that could be secondary to current SC disability."

 

 

I often use this website for help with VA questions... it is free... and with permission from the Mods... I will list it...

www.hadit.com

I have no connection with it other than I am a member... as I said it is free... all it will take is your time to research any issues U have.

 

If U have not gotten your complete military Record, get a copy now.. that too is free. request both administrative and medical records... and if U have access to a DVA or other veteran organizations (not the dept of the VA agency) ask them to help get your complete records... if not the military will only send U a short version ... there is a way to order the complete files...

 

And if U are currently in the military - get a copy of your medical files now and keep it updated. Report anything that comes up...keep records, and do not hesitate to get an outside medical opinion from a civilian dr.... to put in your file....

JMHO

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..

Capture.JPG

I Understand...