Will BCMR grant cause overpayment of VA disability

sbarq1

Well-Known Member
PEB Forum Veteran
Registered Member
Medically retired from active duty/traditional Air guardsman. I requested a BCMR in November 2019 to grant active duty retirement points and any associated benefits for a combined 758 days of which I was initially on Incap pay status (no retirement points/I paid tricare reserve select out of pocket).

I did not take into consideration that if "granted" (which it was recommended by the board) it would possibly cause an overpayment of VA disability.

My VA disability was put in place May 1, 2019 at 70%. My BCMR if granted would correct and show Active Duty from the 1May2019 date until 15Nov2019 roughly 7.5 months of active duty pay.

Since Incap Pay isn't considered income, it did not count against my VA disability check and that would probably change if my pay status is changed to AD during that time frame and then I would have a debt of 7.5 months of VA disability income, wouldn't I?

Please correct me if I am wrong. I am not sure that Tricare would reimburse me for my out-of-pocket expense for the reserve select insurance.

It would most probably cause my retirement check to go up due to the additional retirement points of AD and hopefully also reduce my retirement age so that I can get my retirement check sooner.

It appears that I would owe the VA back about $12,750 (7.5 months X 70% rating) in lieu of the AD pay.

Can someone acknowledge or correct me if I am wrong please? Should I ask that the BCMR be cancelled if it isn't financially beneficial?

Thank you for your assistance!
Barq
 
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