One chooses to waive retired pay in the amount of VA compensation on the VA compensation application form by NOT checking block 26 on the form.
Note : it is not a process of choosing VA over DoD; One chooses to waive retired pay in the amount of VA compensation. Any retired pay in excess of the VA offset amount is kept by the veteran .
Ron
edited to add:
The block on the VA claim form where one agrees to waive retired pay dollar for dollar etc., is block 26.
If you check the box...you have indicated you don't want VA comp...which is an unfortunate mistake based on my experience. Do not check box 26. My opinion.
There may be different editions of the VA orm. claim for VA compensation, but the one I see on line reads ( bold added):
IMPORTANT INFORMATION ON MILITARY RETIRED PAY (Includes all Uniformed Services Retired Pay):
Submission of this application constitutes a waiver of military retired pay in an amount equal to VA compensation awarded, if you are entitled to both benefits. Your retired pay may be reduced by the amount of VA compensation awarded. Receipt of the full amount of military retired pay and VA compensation at the same time may result in an overpayment, which may be subject to collection. If you qualify for concurrent receipt of VA compensation and military retired pay, the waiver of retired pay will not apply.
If you do not want to waive any retired pay to receive VA compensation, you should check the box in Item 26.
Note that if you check the box in Item 26, you will not receive VA compensation, if granted. If you are currently in receipt of VA compensation and you check the box in Item 26, your VA compensation will be terminated, if you are also eligible for military retired pay.
26. Do NOT pay me VA compensation. I do NOT want to receive VA compensation in lieu of retired pay.
If you did check block 26, you would need to submit a VA form 21-651 to change that. You may want to consult with your VSO or VA to see what your waiver of retired pay status actually is.
