I was medically retired at 30% from the AF with a VA rating of 70% 27 Nov 2015. I signed a full disability waiver that went into effect 1 Jan 2016 in order to collect the VA disability pay over my retirement. I have only received 1 full retirement payment for Dec 2015 but and that was paid back from the Jan 2016 VA Payment. From that point on it has been strictly VA Disability payments.
In Apr 2016 I filed a new claim to add more disabilities that were missing after my MEB. In Oct 2016 I received a decision letter from the VA stating that I am retroactively 100% from Apr 2016 - Oct 2016 and starting 1 Nov 2016 I will be dropped down to 90% (yes they dropped my rating and I am still fighting those two issues). I received a payment of $3200 on 1 Nov 2016 for Oct 2016 but from Apr 2016 through Sep 2016 I was only paid at the 70% rate. The payment from Apr-Sep stated "Retired Pay Adjustment". When I contacted the VA they stated that I was retired so they had to adjust my pay to "Pay back the retirement pay I received". When I pushed back and stated that I only receive VA Payments. The clerk stated that in my record I am considered retired. I explained to the clerk that I am a chapter 61 retiree (Medically Retired) therefore, I can only collect one payment or the other, not both. In Nov 2016 I filed a back pay audit and it appeared on my EBenefits and in Jul 2017 it disappeared. I was told by the 1-800 number clerk that the audit was pushed to North Carolina where it sat until I filed a congressional 8 Feb 2018 (and then magically reappeared on my Ebenefits).
On 9 May 18, I received the email below from the Congressman's assistant:
A review of your case file indicates that the Audit Error Worksheets (AEW) generated by the Defense Finance and Accounting Service (DFAS) are needed to determine if he is entitled to concurrent receipt under the Concurrent Retirement and Disability Pay (CRDP) program. On May 9, 2018, we obtained the attached information from DFAS regarding your retirement and VA disability. In accordance with 38 CFR 3.750, the VA is required to withhold benefits in regards to retirement pay regardless of benefit election (retired versus VA disability). Please inform him to contact DFAS to determine his eligibility regarding retired retroactive payment and the CRDP program.
The Email also had this attached to it.
10 May: I contact DFAS and they tell me I am not eligible for CRDP because I was medically retired with under 20 years.
15 May: My claim has changed from "Back Pay Audit Issue" to "Retired Retro Pay". Does this mean I will be paid for the 5 months I was paid only at 70%?
In Apr 2016 I filed a new claim to add more disabilities that were missing after my MEB. In Oct 2016 I received a decision letter from the VA stating that I am retroactively 100% from Apr 2016 - Oct 2016 and starting 1 Nov 2016 I will be dropped down to 90% (yes they dropped my rating and I am still fighting those two issues). I received a payment of $3200 on 1 Nov 2016 for Oct 2016 but from Apr 2016 through Sep 2016 I was only paid at the 70% rate. The payment from Apr-Sep stated "Retired Pay Adjustment". When I contacted the VA they stated that I was retired so they had to adjust my pay to "Pay back the retirement pay I received". When I pushed back and stated that I only receive VA Payments. The clerk stated that in my record I am considered retired. I explained to the clerk that I am a chapter 61 retiree (Medically Retired) therefore, I can only collect one payment or the other, not both. In Nov 2016 I filed a back pay audit and it appeared on my EBenefits and in Jul 2017 it disappeared. I was told by the 1-800 number clerk that the audit was pushed to North Carolina where it sat until I filed a congressional 8 Feb 2018 (and then magically reappeared on my Ebenefits).
On 9 May 18, I received the email below from the Congressman's assistant:
A review of your case file indicates that the Audit Error Worksheets (AEW) generated by the Defense Finance and Accounting Service (DFAS) are needed to determine if he is entitled to concurrent receipt under the Concurrent Retirement and Disability Pay (CRDP) program. On May 9, 2018, we obtained the attached information from DFAS regarding your retirement and VA disability. In accordance with 38 CFR 3.750, the VA is required to withhold benefits in regards to retirement pay regardless of benefit election (retired versus VA disability). Please inform him to contact DFAS to determine his eligibility regarding retired retroactive payment and the CRDP program.
The Email also had this attached to it.
10 May: I contact DFAS and they tell me I am not eligible for CRDP because I was medically retired with under 20 years.
15 May: My claim has changed from "Back Pay Audit Issue" to "Retired Retro Pay". Does this mean I will be paid for the 5 months I was paid only at 70%?