has anyone recieve any form of payment from dfas indianapolis, by way of the PDBR retirement? reason why i ask is because i recieve one so call retired check from dfas cleveland, amount between $1400, and $1600, and then they dfas cleveland, wrote me saying that because of my v.a award, which is 100% unemployable, i will not be getting anymore payments from them(dfas-cleveland) how ever, i applied about two months ago for the csrc program, and i am suppose to be recieving a letter in the middle part of may,my problem is this when i was discharge back in 2005 with combat injuries(iraq) i was given $ 34000, and 20% disability and told to take a hike, and as we all know by now the V.A was very QUICK to recoup everypenny of that $34000, from my V.A compensation, the recoupment ended in 2006, should i not be getting that money back now that i have been upgrade to a retirement thru the PDBR? no one seem to be able to answer my questions, and i have call all over,also what about the retro-payment i heard that DFAS-indianapolis is suppose to be give (us)veterans once our discharge has been upgraded to a retirement thru the PDBR?if (anyone) my fellow veteran, has any information about how the system works, let me know, because i am thinking that if the DOD paid me severance pay ,and the V.A recoup that money, and i got upgraded to a retirement, then the only thing i got was a 20% discharge, which now has been turn into a 60% disability retirement courtesy of the PPDBR,should i not be recieving some sort of back payment from dfas indianapolis also?
PDBR AND RETRO PAYMENT?
- Thread starter gelnhausen
- Start date
Gelnhausen,
On the brighter side you have been approved for a retirement, good job. With that said I have a question for you regarding the National Defence Authorization Act 2008 and recoupment of your severance pay? The NDAA states that if a service member's injury was incurred in combat and the service member receives a severance, the severance is NOT to be recouped. I will copy and past the language from the NDAA 2008.
I am gathering my paper work to submitt to the PDBR as I was medically seperated from the Amry with 20% (combat related injury) and had to write the VA with an attachment and statement regarding the Act and recoupment. I was retroactively paid back the money that the VA had taken to repay the severance. This may not be what you are looking for but it may be a start.
To amend title 10, United States Code, to expand the authorized concurrent receipt of disability severance pay from the Department of Defense and compensation for the same disability under any law administered by the Department of Veterans Affairs to cover all veterans who have a combat-related disability, as defined under section 1413a of such title.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.. CONCURRENT RECEIPT OF DISABILITY SEVERANCE PAY FROM THE DEPARTMENT OF DEFENSE AND COMPENSATION FOR THE SAME DISABILITY UNDER LAWS ADMINISTERED BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) No Deduction- Section 1212(d)(2) of title 10, United States Code, is amended by striking ‘disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.’ and inserting ‘combat-related disability (as defined in section 1413a of this title).’.
(b) Retroactive Application of Amendment- The amendment made by subsection (a) shall take effect as of January 28, 2008, as if included in section 1646 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 472), as enacted.
VR,
Frank
On the brighter side you have been approved for a retirement, good job. With that said I have a question for you regarding the National Defence Authorization Act 2008 and recoupment of your severance pay? The NDAA states that if a service member's injury was incurred in combat and the service member receives a severance, the severance is NOT to be recouped. I will copy and past the language from the NDAA 2008.
I am gathering my paper work to submitt to the PDBR as I was medically seperated from the Amry with 20% (combat related injury) and had to write the VA with an attachment and statement regarding the Act and recoupment. I was retroactively paid back the money that the VA had taken to repay the severance. This may not be what you are looking for but it may be a start.
To amend title 10, United States Code, to expand the authorized concurrent receipt of disability severance pay from the Department of Defense and compensation for the same disability under any law administered by the Department of Veterans Affairs to cover all veterans who have a combat-related disability, as defined under section 1413a of such title.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.. CONCURRENT RECEIPT OF DISABILITY SEVERANCE PAY FROM THE DEPARTMENT OF DEFENSE AND COMPENSATION FOR THE SAME DISABILITY UNDER LAWS ADMINISTERED BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) No Deduction- Section 1212(d)(2) of title 10, United States Code, is amended by striking ‘disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.’ and inserting ‘combat-related disability (as defined in section 1413a of this title).’.
(b) Retroactive Application of Amendment- The amendment made by subsection (a) shall take effect as of January 28, 2008, as if included in section 1646 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 472), as enacted.
VR,
Frank
The DVA should be giving you every penny of your severance pay they recouped back. Since your medical retirement is back dated to your discharge date i don't see how they wouldn't.
From my experience as a DA civilian, DFAS has their head of their hind parts.
Jason Perry
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Just as a heads up, I recently had a client who I represented at PDBR, we got an increase to 70% and after the Army updated his records, DFAS denied his CRSC application (stating that he was not eligible). I gave the DFAS analyst a call and asked him to explain. While friendly and (trying to be) helpful, he was very confused about eligibility for CRSC and was referencing an inapplicable law. I explained everything and walked him through the various statutory and regulatory provisions and after this, he agreed that CRSC should be awarded. The point of this is that sometimes the folks at DFAS make mistakes about entitlements. If you think something is wrong, it may well be.
Jason,
How can Veterans that are not represented prevent this from happening? I know that knowledge in power and hope that others that have to confront this obstacle can be successful. If I have not thanked you before, not only for starting this site and providing so much information, but for all of us who are seeking justification. Thank you very much for everything.
VR,
Frank
How can Veterans that are not represented prevent this from happening? I know that knowledge in power and hope that others that have to confront this obstacle can be successful. If I have not thanked you before, not only for starting this site and providing so much information, but for all of us who are seeking justification. Thank you very much for everything.
VR,
Frank
Jason Perry
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franky,
This is a really frustrating issue and a tough one to answer. Servicemembers and Veterans should not have to jump through hoops and go through contortions to get their well deserved benefits. The reality, though, is much different. It can be very hard to negotiate the process.
The stock answers are that vets need to educate themselves and be persistent. But, it is not always the case that doing so will result in the award of their benefits. So, in some cases, being right and doing the right thing are not enough. What to do then? Absent getting an attorney who is knowledgeable, I am not sure there is much more that can be done. Political pressure, media exposure, oversight and legislation from Congress, and action in the courts are all extrinsic things that may end up helping vets who are being denied benefits. But, I can't tell anyone that these steps will work for everyone. So, it is frustrating...I wish I had more time in the day to do all that needs to be done to help everyone. Hopefully, over time, things will change. Count on me fighting for that.
Thank you for the kind words, but I am only doing what I learned as a leader... taking care of others is the most important responsibility one can have. Anyone worth a damn would do the same.
This is a really frustrating issue and a tough one to answer. Servicemembers and Veterans should not have to jump through hoops and go through contortions to get their well deserved benefits. The reality, though, is much different. It can be very hard to negotiate the process.
The stock answers are that vets need to educate themselves and be persistent. But, it is not always the case that doing so will result in the award of their benefits. So, in some cases, being right and doing the right thing are not enough. What to do then? Absent getting an attorney who is knowledgeable, I am not sure there is much more that can be done. Political pressure, media exposure, oversight and legislation from Congress, and action in the courts are all extrinsic things that may end up helping vets who are being denied benefits. But, I can't tell anyone that these steps will work for everyone. So, it is frustrating...I wish I had more time in the day to do all that needs to be done to help everyone. Hopefully, over time, things will change. Count on me fighting for that.
Thank you for the kind words, but I am only doing what I learned as a leader... taking care of others is the most important responsibility one can have. Anyone worth a damn would do the same.
Jason,
Great points, I am the or was the same type of leader. At this point I am very close to fininshing up my degree which could possibly allow me to be a great advocate for Veterans and Wounded Warriors. It is very frustrating to see that this is happening to other let alone myself. I try to conduct as much research as possible, however the language used may as well be sand script.
The best way for me to try and help others is by providing my experiences as I go through them, good or bad. I can't speak for all of us, but I believe that we are handed the lesser of what we deserve or low balled out of the gate. Everything that I have to this point came with a fight to say the least. Another experience that I have come accross is that most of the people that I have dealt with VA and DOD have never served in any of the military services and can only base their decisions on what is best for the company not the Veteran. Thanks again.
One more question regarding submitting a donation, I would like to submit but I am very hesitant on using my CC on the net, how can I get arounf this?
Great points, I am the or was the same type of leader. At this point I am very close to fininshing up my degree which could possibly allow me to be a great advocate for Veterans and Wounded Warriors. It is very frustrating to see that this is happening to other let alone myself. I try to conduct as much research as possible, however the language used may as well be sand script.
The best way for me to try and help others is by providing my experiences as I go through them, good or bad. I can't speak for all of us, but I believe that we are handed the lesser of what we deserve or low balled out of the gate. Everything that I have to this point came with a fight to say the least. Another experience that I have come accross is that most of the people that I have dealt with VA and DOD have never served in any of the military services and can only base their decisions on what is best for the company not the Veteran. Thanks again.
One more question regarding submitting a donation, I would like to submit but I am very hesitant on using my CC on the net, how can I get arounf this?
So what I am getting from this is that I can write the VA asking them to repay my severance that has been recouped. I have been out since 2006 and got a severance of $48000. I am not sure how much I have paid back. Tried to call the VA yesterday to find out but too many calls so i have to call back.
Any suggestions about how to ask the VA for my severance back?
hammer
Any suggestions about how to ask the VA for my severance back?
hammer
Are you close enough to a Regional Office to take your orders to? I would even get my Senator/Representative envolved, it is election year, they've been eager to help me. Good luck!
GUNTRUCK HAMMER, THIS IS WHAT I DID, MAYBE IT CAN HELP YOU ALSO I REQUEST AND RECIEVE A COPY OF THE AMOUNT OF SEVERANCE PAY THAT WAS RECOUP BY THE VA, FROM THE VA, MY AMOUNT WAS $32000, WHICH WAS FULLY RECOUP IN 2006,I THEN TURN AROUND AND SEND TO THE VA REGIONAL OFFICE HERE IN FLORIDA, COPIES OF THE PDBR LETTER OF RETIREMENT, COPY OF RETIREMENT ORDERS, COPY OF NEW UPDATED DD FORM 214,COPY OF RESINDED ORDERS WHO HAD ME BE DISCHARGE WITH SEVERANCE PAY AND MOST IMPORTANT, I WROTE THEM(THE VA) A STATEMENT, STATING THE NATIONAL DEFENSE AUTHORIZATION ACT OF 2008, SECTION(1)C, A AND B.AMENDMENTS, ALSO I WROTE TO THEM THE VA, AS YOU KNOW, THE VA , WHEN ITS TIME TO PAY A VETERAN HAS A VERY FORGETFUL MIND, SO I WROTE IN MY LETTER TO THEM THAT MY INJURY WAS COMBAT RELATED AND THAT THE PDBR RETIREMENT ORDERS STATE SO, ALONG WITH THE AMOUNT OF DISABILITY I RECIEVE FROM THE PDBR MINE IS 60%, I THEN MAIL OUT THE LETTER TO THE VA, CERTIFIED
Gun,
I did the same thing that glenhausen did, with the exception of sending certified (bad move on my part). The letter I wrote was in regards to the recoupment of my severance and the fact that I was injured in combat, along with an attached letter of the NDAA 2008. After I sent the letter I called VA to verify receipt of the letter at which time the VA rep. that I spoke with seached the VA database and confirmed that the VA did in fact receive my letter.
A month late I received a letter from the VA stating that they would no longer take any money from my compensation due to the NDAA 2008. A month later I received a retro payment from the VA because of the money that they had already taken. Those are the steps that I took and they were actually the advice of a VA representative located on Fort Campbell. Not one other VSO had any idea what I was taking about when I approached them with this question, so I moved foward with sending the letter. Good luck.
Frank,
I did the same thing that glenhausen did, with the exception of sending certified (bad move on my part). The letter I wrote was in regards to the recoupment of my severance and the fact that I was injured in combat, along with an attached letter of the NDAA 2008. After I sent the letter I called VA to verify receipt of the letter at which time the VA rep. that I spoke with seached the VA database and confirmed that the VA did in fact receive my letter.
A month late I received a letter from the VA stating that they would no longer take any money from my compensation due to the NDAA 2008. A month later I received a retro payment from the VA because of the money that they had already taken. Those are the steps that I took and they were actually the advice of a VA representative located on Fort Campbell. Not one other VSO had any idea what I was taking about when I approached them with this question, so I moved foward with sending the letter. Good luck.
Frank,
Thanks for the help guys. I think I will get it sent out today
I sent out a packet to St louis certified mail. with about 20 dockets supporting my claim
no, only recieve on check for about $1400 from dfas cleveland, and then they told me that the waiver thing(va) unemployable comoensation that i am recieving kick in, i am hoping dfas indianapolis and dept of va retro pay me my severance and what ever back pay is coming to me
Has anyone that was granted retirement, received any pay from DFAS? I am waiting on them, they have had my orders since Feb 8th.
I am still dancing with DFAS. I do have a phone number for the woman who is working on my account. She says the problem is that almost all of my paperwork has me listed as an O1E, my dd 214 just says O1. She says she has requested an amended copy but has got it yet.
WHATS THE NUMBER YOU HAVE? GUNTRUCK HAMMER , FOR THE WOMAN WHO IS WORKING ON YOUR DFAS CASE?
So am I to understand this that I was discharged with a 0% for epilepsy and later the VA found me to be 100% and I will get no money from DFAS or the Army? If that is the case then why should I even be concerned about being retired if there is no benefit from it? I was with the understanding that if I were to be retired I would get my retirement pay and TRICARE too boot.
Jason Perry
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Need more info to help you.
Were you rated at 0% by the Army for an unfitting condition? Or found not unfit for any condition? Or was your condition found unfitting but non-compensable (maybe because it was found to Exist Prior to Service?
Really need more info in your question to help. On the one hand, you indicate a 0% rating. This suggests either a non-compensable condition or severance pay. But, your question supposes/asks about retirement benefits.
Need more info to respond with any meaningful comment.