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DocWright

Confused, Need Help!

Question

Ok, I'm not even sure how to explain my situation, but here goes...

I'm 90% SC from VA, 40% combat-related TDRL from Army. My original VA claim was approved 15 Jan 09, back payed to 1 Sep 08. I received $1061/mo from Army between my retirement date of 3 Aug 08 until 1 Sep 09, when they waived my retirement pay in lieu of VA compensation. I applied for IU on 29 May 09, I just received my approval letter dated 1 Dec 09, with an effective date of 4 Aug 08.

So, here are my questions:

1. Did I get overpaid? If so, now what?

2. Will I receive retro pay from the VA for IU?

or

3. Will the Army recoup my IU retro pay?

I'm also trying to figure out if, and how, CRSC or CRDP would factor into all this. I know I'm eligible for CRSC, but I haven't applied yet.

I hope some of this makes sense, I'm really confused about the whole thing and I've searched everywhere with no answers. Please let me know if more info is needed or anything. Thank you.

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Ok, I'm not even sure how to explain my situation, but here goes...

I'm 90% SC from VA, 40% combat-related TDRL from Army. My original VA claim was approved 15 Jan 09, back payed to 1 Sep 08. I received $1061/mo from Army between my retirement date of 3 Aug 08 until 1 Sep 09, when they waived my retirement pay in lieu of VA compensation. I applied for IU on 29 May 09, I just received my approval letter dated 1 Dec 09, with an effective date of 4 Aug 08.

So, here are my questions:

1. Did I get overpaid? If so, now what?

2. Will I receive retro pay from the VA for IU?

or

3. Will the Army recoup my IU retro pay?

I'm also trying to figure out if, and how, CRSC or CRDP would factor into all this. I know I'm eligible for CRSC, but I haven't applied yet.

I hope some of this makes sense, I'm really confused about the whole thing and I've searched everywhere with no answers. Please let me know if more info is needed or anything. Thank you.

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DocW,

Welcome to Hadit.

Hopefully someone with some knowledge on this issue will chime in.

carlie

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Doc do you have dependents you claiming for; ie spouse, children?

I can't see how they would not be owing you as IU pays greater than retirement benefit(esp of $1061) monthly.

They would need to go back to the effective date and compute the IU amounts minues the retirement amts and send you the difference. Welcome here and I am sure others more familiar with the amounts alloted would be able to direct you to the possible $ after knowing your status with dependents/not too. :D

Ok, I'm not even sure how to explain my situation, but here goes...

I'm 90% SC from VA, 40% combat-related TDRL from Army. My original VA claim was approved 15 Jan 09, back payed to 1 Sep 08. I received $1061/mo from Army between my retirement date of 3 Aug 08 until 1 Sep 09, when they waived my retirement pay in lieu of VA compensation. I applied for IU on 29 May 09, I just received my approval letter dated 1 Dec 09, with an effective date of 4 Aug 08.

So, here are my questions:

1. Did I get overpaid? If so, now what?

2. Will I receive retro pay from the VA for IU?

or

3. Will the Army recoup my IU retro pay?

I'm also trying to figure out if, and how, CRSC or CRDP would factor into all this. I know I'm eligible for CRSC, but I haven't applied yet.

I hope some of this makes sense, I'm really confused about the whole thing and I've searched everywhere with no answers. Please let me know if more info is needed or anything. Thank you.

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Doc do you have dependents you claiming for; ie spouse, children?

I can't see how they would not be owing you as IU pays greater than retirement benefit(esp of $1061) monthly.

They would need to go back to the effective date and compute the IU amounts minues the retirement amts and send you the difference. Welcome here and I am sure others more familiar with the amounts alloted would be able to direct you to the possible $ after knowing your status with dependents/not too. :(

No dependents, although I will have one any day now... Mom and I are not married (yet) so I've only been payed as a single vet so far.

The main thing I'm confused about is the "double-dipping" thing. I was receiving compensation from both DoD and VA for about 11 months before the Army cut my pay. I was not aware that I couldn't collect from both, because technically, I was receiving compensation for separate diagnoses from each department. My IU approval letter from the VA says that I MAY have been overpaid, and they would withhold some of my compensation until 1 Dec 09 (the date of the letter, which makes no sense to me since the letter is dated 1 Dec 09). I guess the main question is if and how CRSC or CRDP would factor into the equation? Anybody familiar with how that works?

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You are a chapter 61 veteran (medical retirement). If you did not have over 20 years in service you are not eligible for CRDP. Therefore, they will recoup any retirement pay paid to you begining the first day you were paid VA disabliity.

So they will go back to Aug 08 and take back the 1061.00 they paid you and will continue to withold that amount. You should be ok as the 100 percent rating will pay you much more than the 1061 in retirement pay (approx 2600.00 per month) however, keep in mind that they already paid you at the 90 percent level during that time period so it should look something like this: already received from the VA 1604.00 + 1061 from the army = 2625.00 Now with the 100 percent rating you should have received the disability pay of 2673.00 minus the 1061 army pay = 1612.00 plus minus the va disability pay you already received 1612.00 - 1604.00 = -8.00 (THIS IS NOT AN EXACT CALCULATION!!!!!). So the over payment should not be much (approx 8.00 x the months from Aug 08 until they began withholding your retirement pay)

Now my question is why in the heck have you not applied for CRSC yet??????? It is approved from the date of application so you could be just throwing money away if you are eligible!!!!!

So when the wash comes out you will be receiving 2673.00 per month plus any CRSC you are approved for Plus any SSDI pay IF YOU APPLY.

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