After The PDBR

Below is an email I sent to my DoD/Congress/VSO contacts about this issue.

http://www.pebforum.com/site/threads/after-the-pdbr.10947/page-5

See the issue about SBP beginning with post 86 of the above thread. In short, those retired via the PDBR are being billed for SBP premiums backdated to the date of retirement. This does not seem right. Unless the spouse declines coverage, SBP should only be billed from the date the record was corrected by the Service. Why are they being billed to cover a risk that cannot possible occur - dying between the date of separation and the date the record was corrected via the PDBR. SBP also has a provision to drop out between the two and three year point post retirement. How are those retroactively retired via the PDBR or correction board given this option? How are those retroactively retired being properly briefed about SBP options?

Wounded warriors are being blindsided by this issue.


V/R,



Michael A. Parker
LTC, USA (Retired)
Wounded Warrior Advocate



I will let you know if I hear anything back.
Ed, I have to disagree with you. Congress is exactly where you want to go to amend a law to adjust for unforeseen situations.
The bottom line is that there needs to be a well established procedure to ensure those who are retired retroactively are given the proper information to make a well informed decision about SBP. If a member declines but fails to get spousal consent, DFAS should contact the member and spouse to clarify the issue rather that start SBP. DFAS should not be hitting members up with multi-thousand dollar bills for past SBP premiums. Rather they should start SBP premiums when the record is corrected. There is no sense in having to pay to cover a risk that will not happen (There is a chance I will die today but a zero percent chance I will die yesterday).
If a member is retroactively retired he often will not get an increase in compensation because the VA compensation wipes out the DoD disability benefit. These members are not getting any additional compensation but they are getting whacked with a multi-thousand dollar bill to cover the risk they might have died in the past. Ridiculous! If SBP is desired, start the coverage and the premiums the date the record is fixed and continue to pay for 30 years or age 72, whichever comes last, just like other retirees.
When I retired for length of service in 2006, I received deep details multiple times on the SBP program. After deep analysis, my wife and I opted for child only SBP due primarily to the young age of the children and the odds that she would receive VA DIC should I die. DIC offsets spousal SBP. By getting child only coverage, my family would collect both SBP and DIC without offset.
We made a well informed decision tailored to out specific circumstances based on deep details provided in retirement classes. Those retroactively retired deserve to be able to make well informed SBP decisions based on good information and counseling. Mailing them a SBP option form in a stack of retirement information papers tens years after separating from the military is not taking care of wounded warriors.
Finally, SBP participants are allowed to opt out of SBP between he 24th and 36th month of coverage. Absent a time machine, how in the world is a member who is retroactively retired ten years past going to exercise this option? If, instead, SPB coverage and premiums began as of the date the record was corrected, the member could exercise the SBP opt out option 24-36 months past this date.

Mike
 
I agree with everything you said Mike. What the problem is is when the Board corrects a military record, it creates fiction. The records are corrected to show something happened years ago that didn't happen. Since this fiction is created, all other aspects of a retirement are triggered, such as SBP. Effective the date of the now retirement. It would take special legislation to overcome that, and I can agree that such legislation should be passed. Because of my background I tend to deal with what is instead of what should be.
 
What I really think that we need to do is find a lawyer and file a class action lawsuit. This is not going to get any better. Point blank.

The bottom line is that they (military) made the mistake and they are not going to get away with it. I refuse to go down without being heard. My family suffered bad enough while I was in the Army (very little pay.....on WIC and so forth) and I am not going to let them get away with keeping my money.
 
Thanks Mike.

Nolansgrandpa, i agree, i am with you on a class action, i would be willing to pitch in money with others to start a class action suit.
 
Ed Mercanti,

Your statement that fiction was created is indeed an interesting and marked point. All sucessful PDBR applicants suffered 15-18 months while their cases were deliberated. We sent our documentation to the board, and held our collective breaths. We were almost blinded by appreciation when our cases returned PDRL. We did not consider the fiction concept that we were now, many months later, dealing with.
 
Mike, I am glad you responded and it does make sense to me now! I opted out because i was worried about the thousand of dollars i would have to pay in order for my wife to get this. When the RSO told us in a briefing what she would get that was another factor why we didn't opt into SBP!!! I am still waiting for DFAS to do something about my account....it is very frustrating even today when i called for a status that nothing has been done. I called and called my PDA (Army) but she is soo busy it is hard to get a hold of her. Furthermore, HRC has an attitude with PDBR retirees getting IPerms updated in the system which causes major issues trying to get help like my DD-215 as well as other documents. I have yet to receive anything in relation to my retirement. Lastly, I realize that i won't receive backpay or retro unless I apply for CRSC (If qualified) or even the thought of getting retirement because congress won't get off there A$$$ and help Chapter 61 vets. There should have been some type of monetary money for those that go through PDBR or something! Granted I am 90% with the VA and do receive the much needed compensation, I guess the overall expectations is the issue due to all of us feel we have been done wrongly and we expect something in return and much more...don't we deserve something because our branch failed us? With that all that i have stated I know truly NOT to expect anything but appreciate If i do get something...for me it is for my wife and child as i worry more for them than myself. I don't believe things will change until the elections are over and those in congress get off their A$$ and do something about it!
 
nolansgrandpa said:
What I really think that we need to do is find a lawyer and file a class action lawsuit. This is not going to get any better. Point blank.

The bottom line is that they (military) made the mistake and they are not going to get away with it. I refuse to go down without being heard. My family suffered bad enough while I was in the Army (very little pay.....on WIC and so forth) and I am not going to let them get away with keeping my money.
Click to expand...

One of the DC contacts I sent this issue to was the NVLSP. They are the ones responsible for the SABO PTSD lawsuit. As a result of this law suit, many (K's) will be retroactively retired. I am not sure if they were even aware of this issue but it is likely to negatively affect many form the class action suit so they should have a dog in the fight.
 
I've heard from vets on another site that when you're retired and expecting VA Comp retro it can take a while as DFAS has to coordinate on the payment. The check is to make sure you have no outstanding debts. I'd get proof that you owe nothing and be ready to send to DFAS retired pay.
 
We all need to lobby congress to change the laws regarding Chap. 61 vets. I am so frustrated with the whole thing. But, I am not going to quit! The military has acknowledged their wrong doing and as far as I am concerned if you don't take a stand nothing will ever be done.
Call your congressman if you have not already. If enough people bring awareness to this situation they will open their eyes. Contact the media as well.
I was always under the impression that my wife would get my retirement if I die no matter what.
The SBP is a slap in the face! It needs to go away.
As for retro pay, the VA recouped over $70,000.00 from me and they owe me! Or, DFAS does!
So, vets don't give up! Call your congressman and get them involved.
 
VA recoupment transfers to DFAS to cover the balance of the severance recoupment. You/I won't (shouldn't) be seeing this money. It would be great to get it back as it was taken from VA comp, but the rules say DFAS takes what you've paid back through VA comp, reduces the balance of what you owe, then uses your mil pay to recoup the remainder (if any).
 
Please enlighten me on the rules that you are refferring to? As far as I can see it, someone owes me money back. If you guys are owed money you need to contact congress and make it be known. The people talking about this the better. Heck, it doesn't take nothing but a phone call.
 
I'm saying current rules say that whatever you've had collected from your VA comp towards your severance recoupment transfers to DFAS, then DFAS picks up recoupment until you're debt is paid. Then, if you're not elligible to collect VA and mil pay, you won't see the mil pay anyway, BUT will at least collect VA comp at what should be the full rate for your rating, plus dependents, SMC, etc., less any co-pays or other such bill they assess.

I agree, if we want it change, we need to bring all of us together and make it happen.
 

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My opinion. Severance pay forgiveness/recoupment deletion should have been SOP for all sucessful PDBR retirees. One could make a simple guess that it would have actually SAVED the GOV money; consider how much the GOV is spending in time and effort crunching the numbers for these retirees. I don't think that any PDBR retirees have had all the pay issues straightened out as of yet.
 
Call congress. If not, nothing will change. We are owed...especially if you had a severance pay and it was recouped by the VA. That money belongs to the veteran. Like I stated earlier, we missed out on alot of benefits. Just think about the missed savings at the commissary alone. My congressman's rep is calling me back on Monday. More to follow after that call.
 
I am convinced that nobody has a clue regarding the whole PDBR process. So, I talk to DFAS yesterday regarding a bill for over $7K that I received stating that I owe for SBP all the way back to 2004. The woman on the phone told me that back in 2004 I should have indicated that I did not want SBP. I explained to her that I was initially discharged medically with severance pay. I took her a while to get the fact that I was recently retired (Dec 2011) under the PDBR. I then told her that I did not receive anything at the point in time (Dec 2011)...no orders, corrected DD214 (DD215)....by the way I still haev not received my DD215 as of today. I did not get any official papaerwork unitl the end of March 2012. So, here is the kicker since it is now past 90 days since I received notification (Dec 2011) the only way I can stop SBP is by going to a corrections board. Oh yeah, the $7K bill is due by the end of this month (May 2012).
I was never given a welcome packet or any kind of instructions regarding this whole process.
As far as my severance pay is concerned, I paid it back in full and I was advised to take that up with the VA since they were the ones who recouped it.
I really do think that they either want to overwhelm the retiree or just stress him out and maybe he will just go away.
The problem is.....I am not a quitter!!!!!!!!!
They owe me and my family.
 
Here is an update! I after battling for almost three weeks I sent an email out last nite requesting all parties that were involved with the retirement account to stop what they were doing. I stated I wanted an update on where things were at, stop the finger pointing, and talk directly to me on what was needed to setup my account. The last couple of weeks have been frustrating because DFAS kept asking for things they already had and ARBA was stating they already sent them. So i reached out and stated HEY remember ME!!!

This morning on way to work a DFAS rep who had my file emailed me and i requested to talk over the phone. Well the only thing she needed was my ERB which NO ONE at HRC or ARBA had. I downloaded it from E-benefits and emailed it to her while at work. So now I should after talking with her over the phone twice today will get my account created!

Lastly, if you have an AKO account you can login into your HRC site https://www.hrcapps.army.mil/portal/Default.aspx and review your ARMY records. Since I have been out almost 9 years since this summer...my records are not up to date, full of holes, nothing hardly is showing....and it just pisses me off to no end that I am treated this way. But I will let it go in order to get where i need to go for now!

My retirement ceremony is Thursday May 31st!!! Should be interesting!!

Lastly, has anyone filed for CRSC and won??? I have been told numerous times including the DFAS rep that i should!!! Does anyone know ANY updated information on how this works, who can i go to to get help, what about CRSC pay? Any help is appreciated!

I just finished my first week at the VA!!!

commosgt
 
So, I've been turning in claims to TRICARE for reimbursement. They've managed to deny most of them. Reasons seem to vary, but no matter how well developed/documented the claim, they just won't pay. They took care of pharmaceuticals pretty quickly, but other medical is out of control. Need to call someone about this and get walked through the appeal process. I'll post more when I file an appeal.
 
Justrluk said:
I'm saying current rules say that whatever you've had collected from your VA comp towards your severance recoupment transfers to DFAS, then DFAS picks up recoupment until you're debt is paid. Then, if you're not elligible to collect VA and mil pay, you won't see the mil pay anyway, BUT will at least collect VA comp at what should be the full rate for your rating, plus dependents, SMC, etc., less any co-pays or other such bill they assess.

I agree, if we want it change, we need to bring all of us together and make it happen.
Click to expand...


What it looks like is, DFAS should calculate what your disablity retired pay per year per month to the date your disability retirement was awarded and subtract any severance pay from that. Mine is more than my severance. Why should the VA continue to deduct it from my compensation and me not receive back what the VA already has deducted?

I did emaill Joe Wilson, my representative but have not heard anything back.
 
I agree - I'm in for 130K. I'd love to see it back in my pocket! DFAS can keep every penny.
 
All, finally after weeks of calling My pay account is in review to be setup. I showed the comments above to my wife and both of us are confused. Please explain Justrluk and Seminole. When i was discharged I was given 40K minus taxes eguals 33K. The VA took money out of my VA disability checks. Now who owes me? If the army is NOT going to give me anything in back pay or retro then who owe's me. Lastly, I was told that I would have to apply for CRSC in order to get my back pay.......very confused here. Oh is there any truth or just rumor that chapter 61 vets will get retirement pay in or after 2014.

Justrluk, I have not gotten one dime back for medical bills......ZERO!!!!

I think we should come together, get a lawyer, and sue the @#$% out of government!!!!!!!! I will pay my portion!!!!!
 
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