PDBR retroactive payment to the time of separation?

Airman2378

Registered Member
#41
I have some questions regarding retroactive pay. I was medically separated in June of 2005. I was awarded disability at 30 percent from the V.A. In 2009 and then it was upgraded to 60 percent in 2014 for service connected issues. I was separated with a lump sum payout which was then recouped from my V.A. Disability Pay monthly until it was repaid. I recently received my letter stating that my medical separation will be upgraded from separated to medically retired. If my current VA disability pay is greater than my medically retired disability pay rate, am I correct in assuming that there would be no retro pay? Shouldn’t I at least be entitled to the money that was recouped (my original settlement)?
 

eps17

PEB Forum Veteran
#42
Your severance pay was repaid out of your VA pay. Therefore DFAS does in fact owe you the difference in retirement pay. Without CRSC or CRDP it is entirely possible that your VA pay exceeded what DFAS would have given you. Under 20 years you only get one or the other, not both, without CRSC as it currently stands.

Example: If your DFAS retired pay was $500 but your VA disability pay was $1000 they wouldn't owe you anything since you're already being paid the higher of the two.

The severance pay is a curve ball and for some reason I can't recall how that plays out at the moment. Hopefully someone else will get on here with more info to answer your question.
 

Perci75

PEB Forum Veteran
Registered Member
#43
Great information! Similar question on my part.

I just received my letter stating I will now be retired from the Air Force. My rating went from 10% to 30%. My VA rating is also 10%. Still have about $12,000 or so in severance to pay back.

Will the VA automatically meet the 30% disability rating given by the military now?

Assuming the question above is true and I elect to take VA comp, I would assume the backpay would offset my current severance owed + pay extra amount?
 

TDWilliams

PEB Forum Veteran
Registered Member
#44
First, about the back pay, there is a lot that goes into it. I will try an example the best I can from DFAS this morning the Rep gave me the info on that.

-What is the date of separation on your orders? (This determines the date of when your retirement pay will start if your date, for example, is Jan 2007, then the backpay could start there)

-Is your VA rating higher than you Miltary rating? (For example, if your VA rating at separation was 50% and your military rating was 30%, you will not receive anything.)

-If not, when did it increase? (at separation your VA rating was 10% (your military is 30%) and didn't increase for a couple of years, then you would get back pay up until the VA rating increased

-Did you collect severance? If so, did you pay it? (if you still owe severance, that will be recouped first)

For me, I was separated @ 20% in Jan 2007, I received a severance. That severance has been paid in full as of Dec 2017. I am now at 90% as of 2015. I will be awarded retro pay from 2007 until 2015. That is only if my orders state that my retirement is from date of separation.

I hope this helps you and anyone else.

This info was given me to this morning by a DFAS rep.


-from my post earlier.
 

Perci75

PEB Forum Veteran
Registered Member
#45
First, about the back pay, there is a lot that goes into it. I will try an example the best I can from DFAS this morning the Rep gave me the info on that.

-What is the date of separation on your orders? (This determines the date of when your retirement pay will start if your date, for example, is Jan 2007, then the backpay could start there)

-Is your VA rating higher than you Miltary rating? (For example, if your VA rating at separation was 50% and your military rating was 30%, you will not receive anything.)

-If not, when did it increase? (at separation your VA rating was 10% (your military is 30%) and didn't increase for a couple of years, then you would get back pay up until the VA rating increased

-Did you collect severance? If so, did you pay it? (if you still owe severance, that will be recouped first)

For me, I was separated @ 20% in Jan 2007, I received a severance. That severance has been paid in full as of Dec 2017. I am now at 90% as of 2015. I will be awarded retro pay from 2007 until 2015. That is only if my orders state that my retirement is from date of separation.

I hope this helps you and anyone else.

This info was given me to this morning by a DFAS rep.


-from my post earlier.
Thanks for the info. Looks like most of the questions were answered. I guess the VA rating will go up to 30% now my military rating has gone up. My VA rating never changed and was always 10%.
 

TDWilliams

PEB Forum Veteran
Registered Member
#46
Thanks for the info. Looks like most of the questions were answered. I guess the VA rating will go up to 30% now my military rating has gone up. My VA rating never changed and was always 10%.
I am not sure, I was told that your VA rating is different from your military rating and they don’t affect each other.
 

Perci75

PEB Forum Veteran
Registered Member
#47
Thats a good point. They may not affect each other. But, I haven't seen the VA rating less then the military rating either on any of the PDBRs either.
 

Perci75

PEB Forum Veteran
Registered Member
#49
Well I got the military rating change for sure, so I am g
If you want the change, I hope you get it. :)
I am only assuming the VA rating will change because of my new military rating. One of the many questions I have ;) Either way I went from 10% to 30% on the military rating so back pay will be owed. Plus the retirement card now!! :)
 

jdelatorre

PEB Forum Veteran
Registered Member
#51
Thats a good point. They may not affect each other. But, I haven't seen the VA rating less then the military rating either on any of the PDBRs either.
Funny you should say this. My VA rating has been 30% since initially determined. My PDBR approved packet says change from 10% to 40% retired. How’s this supposed to work out. I tell you this whole thing is getting stranger and stranger.
 

Perci75

PEB Forum Veteran
Registered Member
#52
Funny you should say this. My VA rating has been 30% since initially determined. My PDBR approved packet says change from 10% to 40% retired. How’s this supposed to work out. I tell you this whole thing is getting stranger and stranger.
It seems to be common to see the VA rating higher then the military rating from what I have seen except for me :confused:. I never appealed my initial VA rating of 10%, but obviously should have seeing how it was incorrect based off the VASRD. From the looks of yours, and if you are done paying any severance you should receive the difference of 10% back pay from when you were separated. Don't quote me on this but seems logical.

Also found out according to DoDI 6040.44 that these board results will be sent to the VA.
 

Dusty

Registered Member
#53
The VA rating is higher because they take in to account ALL of your ailments.

The Army (in my case) only gives a percentage to the ailment that causes you to no longer continue serving. For instance you can have a busted shoulder and back... your back injury causes you to be separated from service, but your shoulder is still good enough to serve -- so you get x% for your back only, because that's the part causing you to be unable to continue to serve. The VA later rates your back AND shoulder for y+x% disability for both because you damaged them at the service of your nation.

More specifically even for the same body part you get a percentage based on the specific injury that causes the disability. Using what I stated above... if you look closer at the back injury there may be 5 things that are damaged in the back and of those 5 things 3 are what may cause you to be disqualified from service so you get X% which is derived from the 3 disqualifiers. The VA may look at your back and give a percentage based on ALL of the damage not just the disqualifiers because, once again, they were all damaged at the service of your country.
 
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Perci75

PEB Forum Veteran
Registered Member
#54
The VA rating is higher because they take in to account ALL of your ailments.

The Army (in my case) only gives a percentage to the ailment that causes you to no longer continue serving. For instance you can have a busted shoulder and back... your back injury causes you to be separated from service, but your shoulder is still good enough to serve -- so you get x% for your back only, because that's the part causing you to be unable to continue to serve. The VA later rates your back AND shoulder for y+x% disability for both because you damaged them at the service of your nation.

More specifically even for the same body part you get a percentage based on the specific injury that causes the disability. Using what I stated above... if you look closer at the back injury there may be 5 things that are damaged in the back and of those 5 things 3 are what may cause you to be disqualified from service so you get X% which is derived from the 3 disqualifiers. The VA may look at your back and give a percentage based on ALL of the damage not just the disqualifiers because, once again, they were all damaged at the service of your country.
Yes this is true it seems in almost all cases except for mine. For some reason my VA rating was not correct even according to the VASRD. Was rated 10% on both mil and VA ratings. The VASRD blatently stated, based off my medical records from both mil and VA, that it should have been rated 30%. All good now that this is going to be fixed 14 years later. My fault for never looking into this in the first place when I got out.
 
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