DoD pay over VA pay? Done with VA

18c_Gunslinger

PEB Forum Veteran
Registered Member
#1
I am 100% VA / 80% PDRL. I no longer wish to deal with random VA reevaluations. It almost seems like a full-time job ensuring that my medical is at the point where the VA won’t lower me. How would I go about getting my permanent DoD pay in lieu of VA pay? I know I will be losing out on money, but I don’t care at this point. All of the va providers I’ve seen so far are doodoo pie.

Second question- my DoD PDRL is combat related. I’m confused about whether or not my DoD retirement pay would be taxed. I have read the DFAS site but am still confused.
 

Jason Perry

Benevolent Leader
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#3
I am 100% VA / 80% PDRL. I no longer wish to deal with random VA reevaluations. It almost seems like a full-time job ensuring that my medical is at the point where the VA won’t lower me.
Would need to know more about your situation to offer better input. But, as it stands, I think you are maxing out your schedular pay. It sounds like you are really seeking a 100% Permanent and Total finding from the VA? Is that correct?

Have you undergone rating reevaluations on the VA side? Can you provide some timelines as to you case? (The timelines matter for what evidence the VA needs to lower a rating.)




How would I go about getting my permanent DoD pay in lieu of VA pay?
You already have the DoD PDRL finding. Electing the DoD pay won't impact the VA findings in the future. I think you are not clear about the way the pay and elections work.

Second question- my DoD PDRL is combat related. I’m confused about whether or not my DoD retirement pay would be taxed. I have read the DFAS site but am still confused.
Have you applied for CRSC? If not, do so as soon as possible.

I hope this helped!
 

RonG

PEB Forum Veteran
Registered Member
#4
18c_Gunslinger,

In my opinion, you are speaking about two different issues, medical care and form(s) of payments.

The fact that you waive your DoD retired pay dollar for dollar in the amount of VA compensation does not negate your eligibility for medical care within the DoD and or Tricare; you still are a DoD disability retiree. In other words, you can continue with your current arrangement and use those facilities or programs. I have not kept up with TRICARE, so a another CH 61 retiree might have more precise info on that program.

Back to the waiver of retired pay. Often I have read of a choice at retirement of accepting either DoD retired pay or VA compensation. This is often interpreted to mean that the connection to the DoD is severed. Actually, what occurs is the waiver I discussed in the second paragraph above. It does not change the fact a person is a DoD disability retiree. There are many CH 61 retirees who have residual retired pay after the VA offset.

Ron
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#5
The short answer to your questions is to contact DFAS. DFAS elects the options that is financially best for you. But you can override that decision. But you may want to take a few breaths before you make that decision. Perhaps there is another way to get to the bottom of your VA issue.

I use the VA some, but mostly use my medicare/TFL locally.
 

RonG

PEB Forum Veteran
Registered Member
#6
The regulation that covers the discontinuance of VA compensation is VA M 21-1 if I remember correctly. It is a procedures manual and for general VA use.

M21-1 Adjudication Procedures Manual https://www.knowva.ebenefits.va.gov/
I believe Part III, Subpart v, Chapter 5, Section B, contains the info which you are seeking.


From memory: The retiree notifies the VA that he or she declines to further waive retired pay in order to receive VA comp. The VA then coordinates with the DFAS.

Recommend you consider Chaplain Charlie's sage advice.

In my opinion, your proposed action is unnecessary. Just start using the benefits under the DoD as does Chaplain Charlie, "I use the VA some, but mostly use my medicare/TFL locally. " You might not be eligible for medicare and Tricare for Life, but they are other Tricare programs for which you might qualify.

Good luck,
Ron
 

18c_Gunslinger

PEB Forum Veteran
Registered Member
#7
I have not applied for CRSC. I have a VSO who is a shithead first class, so I am looking for a new VSO. I had a good AW2 rep who was going to help me but she ended up getting canned and her replacement doesn’t know a square from a circle.

I did my service and am proud and thankful for my opportunity to serve, but now that I am out I want to move on with my life and not have to constantly worry about my ratings being lowered because of some crappy C&P examiner. I have heard way too many horror stories of this happening.

Honestly, I am a little bit jaded by the VA. I have documented TBI and clear residuals that obviously impact my life. I have been through years of cognitive therapy and in the end the VA rated me 0% for TBI. I don’t feel entitled in any way, but it is disheartening that someone with razor bumps would get a higher rating than someone with s TBI. I just don’t want to be a part of a system like that. Leaving the military was a huge crush to me and I am still trying to swallow that. I am just suffering from extreme depression right now.

I have seen veterans on other sites coaching each other on how to appear worse off so they can get higher ratings and to me that kind of stuff is dishonest, which also makes me not want to be a part of the system. It seems like every veteran I come in contact with is spending their lives trying to pad their records so the VA won’t take away their compensation. I am the type of person who stresses out over stuff like that so it is best for me to avoid anything that makes me feel that way. I almost feel like you have to keep yourself sick in order to kee your compensation. I want to make the most of my life, so I don’t want to deal with that.

Ultimately I just don’t want to spend my life trying not to get lowered. I am not worried about the money, for me it is all principal. And yes, unfortunately I do get caught up in that. I have wonderful providers via Tricare on then civilian side.
 

Deno

PEB Forum Veteran
#9
Accept what the va gives you and move on. If two years down the road they lower your rating and you are fine with that. Then again move on. If not fight it.
 

RonG

PEB Forum Veteran
Registered Member
#10
A Possible Consideration.

Adhere to your principles and let matters develop as they will, depending on the circumstances. If/when your VA compensation rating is reduced, make the change (i.e, decline further VA compensation and resume payment of DoD retirement pay sans waiver) at that time.

Since a change of election after one has received VA compensation for a certain period does not require a claim form, I suspect a simple statement provided to the VA, such as the following will suffice:

I DO NOT WANT VA COMPENSATION IN LIEU OF MILITARY RETIRED PAY, EFFECTIVE ________________

The VA will terminate the payment of VA compensation effective the date of receipt of the notice. You might want to discuss this with the VA before acting upon it; you could also inquire about a form for this purpose. I have never heard of someone making that election after receiving VA comp for a significant amount of time, but I suppose it happens.

The VA will electronically report the action to the DFAS.

Ron
 

JosephWC

PEB Forum Veteran
Registered Member
#12
I thought that you are only re-evaluated with the potential of receiving a lower rating during the TDRL phase? Once on PDRL, aren't you supposed to be in the clear?
 

oddpedestrian

PEB Forum Veteran
Registered Member
#13
To eliminate your VA compensation to accept retired pay you will need to open a claim on ebenefits it will ask you within the first few pages if you want to elect VA compensation in lieu of retired pay or not, check decline and the VBA will open a claim up and coordinate with DFAS and your compensation will be suspended once the claim closes. Then you will only recieve your retired pay and CRSC if applied for it. Check your RAS statement on mypay it will say on there if you are exempt from taxes or not.

I understand completely where you are coming from my PDRL and CRSC comes close to 100% VA compensation, and I have thought numerous times about what am I'm doing? Constantly going to all these appointments exams blah blah blah and its a nightmare I have never been a fan of the VHA or the VBA and often I run into so many veterans like you do doing everything possible to avoid "reductions." Who needs that stress?

Nonetheless, you only need to be SC for 5 years for the reductions to be a lot harder to prove 10 years you cannot be severed and 20 years the rating is locked in for life unless fraud. If its possible to request T&P I would try to do so that way you will not have any future exams unless you file a new claim.
 

RonG

PEB Forum Veteran
Registered Member
#14
Re: "I understand completely where you are coming from my PDRL and CRSC comes close to 100% VA compensation..."

Of course without the VA compensation, there would be no CRSC. As you know, CRSC replaces some or all of waived retired pay. The waiver is based on the amount of VA comp received.

If your current situation is PDRL residual retired pay + CRSC + VA comp, that would seem to be more than just PDRL retired pay by itself. The PDRL pay would stand alone if VA comp was declined. CRSC would not be a factor.
Ron
 
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