Author Topic: VA Compensation  (Read 9744 times)

DollarBill

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VA Compensation
« on: May 28, 2014, 08:39:20 PM »
So the last three days I've been trying to figure out VA Compensation for retired Military. I'm hoping some retired military can chime in. I just recently put in to retire from the Military over 20 years. I'm trying to plan my future and figure I'll get $2372 (before tax for retirement pay) but can't get a real hold on the VA Disability Compensation. I have no idea of how much I will get from the VA for disability but trying to figure it in. I don't have many problems but from what I hear/read I will have 50% VA disability. So my question is: If I'm getting $2372 for retirement before tax then what will I get at 10%, 20%, 30%, 40%, 50% VA Compensation?? Concurrent Retirement & Disability pay (CRDP) says 50% or more will be on top for your retirement pay and also read that they will add the lower percentages in the future (Haven't found this). But how do you calculate the lower levels?? From my calculations it's only about $13 bucks per 10% per month...doesn't seem worth reporting problems even though I have them. But if you hit 50% it jumps an extra $522 (per month) on top of retired pay. This could be a difference of $500 bucks between 40% and 50%. I'm I wrong on the calculation??

If I try to claim back pain which I have, will it ever bring me problems if I'm doing physical activities?? I push myself in outdoor activities and I'm fairly active because that's what I enjoy but will they try to say that I'm faking an injury?? Even though I'm forcing myself thru the pain??

 
« Last Edit: May 30, 2014, 10:59:10 AM by DollarBill »

Spartana

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Re: VA Compensation
« Reply #1 on: May 29, 2014, 12:12:26 AM »
I'm not a military retiree - just former service member - so my info may be off but my understanding is that the VA disability compensation for retirees has been in the process of being phased in over the last few years. I believe it is now fully implemented. My understanding is that you can now get your full (tax free) disability benefit on top of your full (taxable) military pension and no longer have to reduce your pension by the amount you get for a service-connected disability. However I think you have to be rated at least 50% or more by the VA to get that. For lessor ratings of 40% and below you still have to deduct if from your pension. You can check out Military.com for more info and to see the tables. http://www.military.com/benefits/military-pay/concurrent-retirement-and-disability-pay-crdp-overview.html It seems very confusing but also check out the VA's site as it may explain it better. Also It can also be hard to get a disability rating from the VA unless you have a lot of proof of your disability. Otherwise it can take a very long time to get approved - or more likely disapproved. I have a very well documented injury while in the service that resulted in a permanent disability so my claim was processed within a month of getting out. But for most people that isn't the case. But in any case, apply as soon as you get out as you will get back pay if you are approved from the date you applied even if it takes months or years to get approved.
« Last Edit: May 29, 2014, 12:22:46 AM by Spartana »

Boz86

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Re: VA Compensation
« Reply #2 on: May 29, 2014, 06:38:26 AM »
I did the military version of this for my last job pre-retirement, using the VA charts and tables.

Some general thoughts:

1. If you have an injury or illness, tell them. Even if you don't get compensated it's on the record as service connected and you should be able to get treatment from the VA in the future. You may have other health care now (Tricare) but who knows what Congress or DOD will do to that while you're still "working age."

2. Specifically regarding back pain, again I'd just tell them. If the examining physician is doing it right, he or she will be watching for pain. There's a case called DeLuca which requires the VA to consider pain upon multiple repetition of movement when rating. If you're working through the pain there's still pain.

3. Spartana is spot on about concurrent receipt. Above a 50% disability retirees get retirement + VA compensation. Below that the VA amount is subtracted from the DOD amount, but there's different tax treatments and garnishment rules on VA compensation.

4. Calculating amounts: Easiest way: Talk with a veteran's service organization rep, such as the DAV, VFW, or AL. They're volunteers who usually do a great job walking veteran's through the process.
Easy way http://www.vvaarizona.org/va_comp_calc.php
Slightly harder way: http://www.benefits.va.gov/COMPENSATION/rates-index.asp
Hard way. Take highest ratable disability. Multiply by 100. Knew "good" part of you is new figure. Apply next highest rating to new "you." Round up if last digit 5 or higher, round down if lower. Lather, rinse, repeat until you gone from highest to lowest.

The part to remember is that you're not adding them up, (e.g. 50+20 = 70) but applying the disability percentages to the remainder. (e.g. 100x50%= 50( so 0+50=50 "new you") , then 50 x 20 =10, 50 (new you)+10 = 60 (newest you) ratable compensation. I'm not going to talk bilateral factor for now, but if you were to have problems with both legs or arms, for example, there's yet another adjustment.

6. I agree, there's a pretty big jump between 40 and 50 as well as 90 and 100 on the compensation tables. http://www.benefits.va.gov/COMPENSATION/resources_comp01.asp

7. Another long discussion cut way down, if you were in the service 22 years nearly everything is service related, by law. There are exceptions but they don't apply as you exceeded 8 years. And any illness that occurs within 1 year of separation is considered service related, and therefore treatable. But you need documentation.

8. Going back to number 4, I'd highly recommend you talk with one of the veteran's groups expert volunteers. They help screen your record for stuff you may have forgotten or dismissed. Full disclosure: I didn't do that but I lived this process for 2 years and saw thousands of others cases.




ljp555

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Re: VA Compensation
« Reply #3 on: May 29, 2014, 08:19:22 AM »
I'm a vet but not a retiree. Before I separated, I met with DAV. They went through my medical record and identified issues that could warrant compensation, then set up appointments for me with the VA. I never would have thought to ask for disability for the issue I'm being compensated for.

I got 10% disability, and I'm actually embarrassed about the issue because I don't think people would consider it something I should be compensated for. However the doctors evaluated my physical symptoms, and there wasn't anything I could have done to influence their judgement, so I feel fine taking the money. I wouldn't worry about being accused of fraud unless you're actually committing fraud, i.e. tell the VA you're in a lot of pain doing physical activities, don't tell them that you're incapable of doing physical activities.

DollarBill

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Re: VA Compensation
« Reply #4 on: May 29, 2014, 07:07:31 PM »
Thanks! All good info. I did find this web site that was very detailed and helpful. Looks like MOAA is fighting in Congress to allow the lower level VA rating to be included in CRDP and CRSC. They are trying to include people who were retired by chapter 61 (Medical boarded) too. Still doesn't make sense to have the cut off at 50%. Seems like the VA would have less appeals and an easier work load if the allowed the lower levels to get it. Instead they have people gaming the system to get the 50%. VA needs a make over.

http://moaablogs.org/financial/2011/01/myth-busting-on-crsc-and-crdp/comment-page-3/

Nords

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Re: VA Compensation
« Reply #5 on: May 29, 2014, 10:38:25 PM »
So the last three days I've been trying to figure out VA Compensation for retired Military. I'm hoping some retired military can chime in. I just recently put in to retire from the Military after 22 years. I'm trying to plan my future and figure I'll get $2372 (before tax for retirement pay) but can't get a real hold on the VA Disability Compensation. I have no idea of how much I will get from the VA for disability but trying to figure it in. I don't have many problems but from what I hear/read I will have 50% VA disability. So my question is: If I'm getting $2372 for retirement before tax then what will I get at 10%, 20%, 30%, 40%, 50% VA Compensation?? Concurrent Retirement & Disability pay (CRDP) says 50% or more will be on top for your retirement pay and also read that they will add the lower percentages in the future (Haven't found this). But how do you calculate the lower levels??

If I try to claim back pain which I have, will it ever bring me problems if I'm doing physical activities?? I push myself in outdoor activities and I'm fairly active because that's what I enjoy but will they try to say that I'm faking an injury?? Even though I'm forcing myself thru the pain??
You're getting good advice. 

A few other points to consider:
- At less than 50%, the difference in your income is only the amount of income tax that you're saving on your VA income.  If this amount of money would make or break your financial plan (single point of failure) then your plan may need some more safety margin.  If you're 49% of your pension is considered a disability then you'd receive $1162/month tax-free, which is roughly a savings of $116-$175/month (and rising with your pension COLA).  Is the difference going to affect your financial independence?

- I have not heard of any legislation intended to extend CRDP/CRSC to disability ratings below 50%.  It may be on the agenda of MOAA and other organizations, but it could take decades to become reality.  I would not include it in any of your planning.

- Document that back pain and claim it.  The evaluator will be able to tell the difference between pain & fraud, and they're quite familiar with vets who are performing through pain.  They'll ask for specific details of when the pain kicks in, how intense, and what it takes to treat it.  However this back pain may be a symptom of a deteriorating condition or an even worse problem, so you want to document it now and investigate the heck out of it.  It's best to pursue this vigorously on active duty because you can be assessed through the MEB/PEB process, and your retirement will be deferred until the issue has been resolved.  Once you're retired and it's in the hands of the VA, it will take much longer.

I'm 12 years into retirement and just getting around to filing a claim.  I wish I'd filed it 12 years ago, but I didn't appreciate the severity of my knee damage when I was on active duty.  I also didn't appreciate the significance of arthritis or breathing volcanic ash or Chernobyl fallout or the onset of tinnitus, and the last is especially common among military retirees.  I wish I'd known enough about all of those issues to address them on active duty.  June 2002 was a terrible time to start a VA claim, and it hasn't improved since then. 

Bookworm

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Re: VA Compensation
« Reply #6 on: May 30, 2014, 12:16:45 AM »
My only piece of advice is to file right away.  DH filed literally the day after separation, and he has been told that if he had not done so, his claim would have taken even longer because it would have somehow bumped him down in priority.  As it was, it took five months for his initial rating, and then almost another year for one of his two appeals to be resolved.  It has been over two years now, and the other appeal is still pending.  The main issue is getting evaluation appointments...it takes forever.  On an unrelated note, it also took 20 months for the VA to recognize my son (DH's stepson) as a dependent for compensation purposes.  Never mind that he has been registered as DH's dependent in DEERS since 1998.

Basenji

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Re: VA Compensation
« Reply #7 on: May 30, 2014, 07:15:07 AM »
+1 on do NOT delay, work all the paperwork, the appointments, etc. It was like a part-time job for my husband for several months (and he only had some minor issues). He had a big plastic portable filing system that filled up.

If I remember correctly, MOAA had a lot of good advice/resources. It took months to get the first actual decision, more months and more appointments to check additional stuff. LOTS of phone calls. A real hassle, but worth the effort for the monthly check. And THAT takes us closer to FIRE.

NewStachian

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Re: VA Compensation
« Reply #8 on: May 30, 2014, 07:44:28 AM »
Thank you for posting this. I'm actually on hold with the DVA now to schedule my appointment. I've been putting this off for a year.

This isn't related to your question, but might be relevant for some: My friends who are drilling reservists said the amount they subtract is a percentage of the month itself. I thought if you had $100 in disability and got paid $500 for drill you got zero, but apparently, since you drill for 2 days, you get 2/30, or 7% subtracted off from $100 prorated for the month.

I also talked to a friend of mine whose father was a WWII submariner. The tenitis is no joke for those who already have it. I frequently get ringing and my hearing fades in and out on both ears which all started about 2 years into my tour on my submarine. The WWII vet is like 93 now and claimed it early. Those deep grooves at specific frequencies spread over time and the VA now pays for his hearing aids. He wouldn't have gotten decent hearing aids otherwise.

I've put off doing this claim because I'm embarrassed to do it when there are other vets who have had limbs blown off. I'm very ant-handouts and feel that I'm taking one because my issues aren't serious. But, I think I'm finally over that. I'm going to be as truthful as I can be with my claim and what they give me (or don't give me) I will be okay with.

Basenji

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Re: VA Compensation
« Reply #9 on: May 30, 2014, 08:39:33 AM »
I've put off doing this claim because I'm embarrassed to do it when there are other vets who have had limbs blown off. I'm very ant-handouts and feel that I'm taking one because my issues aren't serious. But, I think I'm finally over that. I'm going to be as truthful as I can be with my claim and what they give me (or don't give me) I will be okay with.

That's exactly how my husband felt (even as he was doing the paperwork). He would say, "Man, it's just a [X] and [Y], not like I'm in a wheelchair or have PTSD." I understand that sentiment, but my answer is, "You aren't lying and scamming. You are making an honest claim and the VA is making a decision based on the evidence. If they decide you are due money, then you ARE." Perhaps you want that money to go to "real" needy vets. If so, there are charities such as http://www.woundedwarriorproject.org/. You can redirect your money there. But if you don't do the claim, you can't decide where "your" money should go.

Nords

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Re: VA Compensation
« Reply #10 on: May 30, 2014, 09:54:21 AM »
I also talked to a friend of mine whose father was a WWII submariner. The tenitis is no joke for those who already have it. I frequently get ringing and my hearing fades in and out on both ears which all started about 2 years into my tour on my submarine. The WWII vet is like 93 now and claimed it early. Those deep grooves at specific frequencies spread over time and the VA now pays for his hearing aids. He wouldn't have gotten decent hearing aids otherwise.
I religiously wore earplugs in my enginerooms (which admittedly were much quieter than diesel boats) and my hearing is still pretty good.  However the tinnitus is now starting to interfere with that, and I'm not sure that earplugs would have prevented this syndrome.

Unfortunately my worst hearing gap is right around the voice frequency of my spouse and my daughter.  If there's a lot of ocean noise (or a microwave oven) in the background then I can hardly pull the signal out of the noise.

I've put off doing this claim because I'm embarrassed to do it when there are other vets who have had limbs blown off. I'm very ant-handouts and feel that I'm taking one because my issues aren't serious. But, I think I'm finally over that. I'm going to be as truthful as I can be with my claim and what they give me (or don't give me) I will be okay with.

That's exactly how my husband felt (even as he was doing the paperwork). He would say, "Man, it's just a [X] and [Y], not like I'm in a wheelchair or have PTSD." I understand that sentiment, but my answer is, "You aren't lying and scamming. You are making an honest claim and the VA is making a decision based on the evidence. If they decide you are due money, then you ARE." Perhaps you want that money to go to "real" needy vets. If so, there are charities such as http://www.woundedwarriorproject.org/. You can redirect your money there. But if you don't do the claim, you can't decide where "your" money should go.
Whether it's tinnitus or knee cartilage, at the very least the information has to get into a national database to help vets who might have a more severe situation. 

Look at how many years (and how many lives) were lost to the Agent Orange controversy.  The Navy is dealing with mesothelioma from asbestos-coated steam pipe lagging, and in 1993 the World Health Organization "discovered" that ionizing radiation is three times more hazardous than previously thought.  (Newer Navy nuclear plants are several orders of magnitude cleaner than their predecessors, but that's no help for us older nukes.)  All of these conditions can take years or even decades to manifest as life-threatening issues, and we only know about them because thousands of veterans came forward through the VA.  If we'd all done it through our individual doctors then it would have taken many more decades to bubble up through the research community.

Spartana

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Re: VA Compensation
« Reply #11 on: May 30, 2014, 02:37:32 PM »
For you vets with hearing loss and tinnitus, make sure you claim both as tinnitus is a separate 10% that you can add onto your hearing loss of whatever % you are rated for a combined rating. The amount you get for hearing loss is very little unless you are almost completely deaf. I lost my hearing almost completely due to a weapons malfunction (i.e. mag blew) and while I had head and neck trauma as well, they were treated and I have a 0% service-connected for those, but my hearing loss was permanent and almost completely gone in both ears but I still only have a 30% rating for that (plus 10% for tinnitus). I've been wearing VA-issued hearing aid since I was about 30 and they do help a little bit but not much. However the VA is always sending me off to civilian hearing specialists to try new technology. The VA also can upgrade you to a higher % if your disability gets worse over time, so even if you are only rated 10% or even 0% now, they may increase that years later. Of course I've also heard stories of the VA downgrading your rating to a lower percent too. The VA givith and the VA takith away :-)! So file - and do it right at separation. As Nords pointed out, getting it on record even if your claim is denied is important because you never know what you've been exposed to or how that "little" injury incurred in the service can leave you debilitated later in life. For me, being nearly deaf at age 30, while not a big deal to the VA and only compensated by around $400 - $500/month, has had a huge impact on my entire life - social, career, etc... And as I age I imagine it will get worse and cause more social isolation and, if I was still working, major career problems as it did while I was working. Got a BS in Criminal Justice which proved useless because of my hearing issues. Try getting a job in LE when you are deaf :-)! So your little things may end up impacting you in a big way over your life time.
« Last Edit: May 30, 2014, 02:47:35 PM by Spartana »

NewStachian

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Re: VA Compensation
« Reply #12 on: May 30, 2014, 04:54:44 PM »
I religiously wore earplugs in my enginerooms (which admittedly were much quieter than diesel boats) and my hearing is still pretty good.  However the tinnitus is now starting to interfere with that, and I'm not sure that earplugs would have prevented this syndrome.

Nords, I was known on the boat as the guy who enforced earplugs both underway and in the yards. I wore them 100% of the time I wasn't in maneuvering.  My hearing is fine and tests about the same as it did 10 years ago, but the ringing is getting worse...

goatmom

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Re: VA Compensation
« Reply #13 on: May 31, 2014, 08:37:27 AM »
Remember that the VA compensation is not a guarantee.  They can call you back for a re-exam and lower your percentages or raise them.  Unless you have held the rating for twenty years you are always open to lose this compensation.

DollarBill

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Re: VA Compensation
« Reply #14 on: May 31, 2014, 10:30:30 AM »
I still don't see how they can call it "Compensation" if they deduct the same amount from your retirement pay (for the 10-40% folks).

Basenji

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Re: VA Compensation
« Reply #15 on: May 31, 2014, 01:51:09 PM »
The VA part is tax free.

goatmom

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Re: VA Compensation
« Reply #16 on: May 31, 2014, 07:22:31 PM »
Many people getting the VA compensation are not retired military so they get the full amount.  Not sure where the 50 percent came from for those receiving a military retirement.

Spartana

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Re: VA Compensation
« Reply #17 on: June 10, 2014, 03:12:53 PM »
I still don't see how they can call it "Compensation" if they deduct the same amount from your retirement pay (for the 10-40% folks).
I agree. Retirement and disability are 2 different things. If you did your 20 plus and were discharge Honorably you shoul;d get your full pension. If you were injured or disabled in the line of duty you should get whatever disability benefit you are entitled to. Your military disability benefit would not be deducted from any civilian pension, 401K, 457, IRA or social security benefit you received, and it shouldn't be deducted from your military pension either.  I find it highly discriminatory and am surprise that more VA groups aren't actively opposing it.

DollarBill

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Re: VA Compensation
« Reply #18 on: June 10, 2014, 06:25:03 PM »
Agreed...it's shameful!

Shropskr

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Re: VA Compensation
« Reply #19 on: June 10, 2014, 10:01:24 PM »
As a vet you are getting good advice.

Go to the DAV. ASAP day after separation if possible

List everything, hurt knees ears eyes depression,  everything. If your considering it List it

When you get your rating back if something isn't rated that bugs you. Let the DAV help you file an appeal.