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Right then, for reasons I can't grasp, Confusedvet1 started a thread that I am unable to comment in. Regardless, most of us know and understand how the retro pay works. However, some will feel that the pay should be based upon current rates and not historical rates. It is an understandable thought or concept, however incorrect. Simply the term 'retroactive' alone defines how the pay would be calculated. This offers a good example in everyday situations. The VA offer nothing regulatory regarding how retropay is computed. I've also looked at DFAS and DoD 7000.14-R (Financial Reg) as well as within other government agencies and departments involving the military (AD, RES and Retired), but there is very, very little. I have, however, found some other links that will prove helpful. This offers some examples, but sadly without regulatory or law citations. 5 USC, § 5596 (b)(1)(A)(i) (Law) Also... 5 CFR § 550.805 (Regulatory) While both of these are directed more towards civilian and not military, keep in mind that the US Government works nearly the same across the board in numerous areas. A GS12, step 6 will receive the same pay regardless if FBI, DoE, DoI, etc. Contracting is the same for all US Government agencies and departments and are covered by the FAR. It therefore stands to reason that back-pay or retro-pay is going to be handled and treated the same throughout the US Government regardless of agency or department.- 1 reply
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Hello, I was hoping someone could help me find the law, regulation or official policy and guidance regarding retroactive backpay. Specifically I'm looking for the official written rules regarding the calculation of back pay using the various rates of each year. Basically I want the rules that say why they don't pay your backpay at the going rate and use the rates from all the years they didn't pay. -
How long can the VA hold up a Claim, if they are requesting records. Is there a limit on the number of times they can make the same request, before they are forced to go with the info they have?
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. MuThis site has been recommended to me by a US vet. He told me I can post a question here to find answers. This is my story. Me and my brother was born to a US citizen father and filipino mother. My father worked in the air force based in Clark, Philippines. My brother was born Jan 1985. My father retired Nov 1985 and left Philippines while mom was 7months pregnant with me. My mom had an approved fiance visa in 1987 with us attached as her dependents. We were ready to go but we waited for our father to send a ticket until the visa expired. We lost comtact and We found out later he remarried someone else in the US. Now i am 32 years old, I tried to go the US but my tourist visa got denied because I was told I was a US citizen and not allowed to travel to US using diff passport. I am claiming my citizenship because its always been a dream to meet my father to fill a hole i have longed for a long long time. His name is on our birth certificate and affidavit of paternity was even signed in the US. I have never met my dad only tried to contact him he rarely reply and he seemed not interested. Now, we submitted every papers we have to the embassy to apply for US passport only to find out we will be required to undergo DNA test. We messaged our Dad to ask if he was willing and he told us to go ahead and tell the Embassy that he would provide dna. We were given 90 days by the embassy to provide DNA test but the due date is tomorrow and he still did not call the DNA facility that i set up. Mom, brother and i already submitted our dna test long long ago. I have asked the Embassy extension and its granted for another 2 months. My Dad does say things that he will provide/give etc but he keeps on having 2nd thought. If ever he will do dna test it will be the first promise he fulfilled by far. I came here for an advise out of desperation because i could not understand why That I paid so much money and put a lot of work through it all he only needs a swab and he cant even at least try to do. I need u to enlighten me why. P.S. he is very much aware that he has children over here. We only found him sometime in 2002. He acknowledged us but he seemed to not keep his promise. What should be the best thing to do. My parents were never married. He divorced his wife after mom and he got a new partner now and they are unmarried. We have never asked anything including money. What should i do? My tourist visa failed because i was told to claim for citizenship instead. I am running out of option to fulfill my dream see my dad. Pls enlighten me. I feel I am a mistake. Wev asked him to come see us in the PH but he has so many reasons he obviously doesnt want to.- 5 replies
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according to 38 C.F.R. §§ 4.40 and 4.45 i believe i should be increased from 10% to 20% please look at these codes then look at the DBQ from Dr i provided you will see the flare up measurements. Code 5252: If the hip is limited in how far forward (flexion) it can move the leg, then it is rated under this code. If it cannot move the leg more than 10°, it is rated 40%. If it cannot raise the leg more than 20°, it is rated 30%. No more than 30° is rated 20%, and no more than 45° is rated 10%. Code 5253: All other limitations of hip motion are rated under this code. If the hip cannot swing the leg out to the side (abduction) more than 10°, it is rated 20%. If it cannot move the leg inward across the other leg (adduction), it is rated 10%. If it cannot rotate the leg outward (toes point off to the sides) more than 15°, then it is rated 10% DBQ+PG7.pdf this is the page that shows flare ups decrease motion ... the other is page for decreased motion for repeted use over time. please note that the 3 repeated uses was stated no. but these others state yes. -
Student Loan Disability Forgiveness for Disability (Changes) Please check out HR1, the new Tax Law just signed by President Trump. It appears, that if you have your student loans forgiven for being permanently disabled, the income tax liability has been removed. An copy of the law from the text of the new law is provided below. I do not claim to be an attorney, so please interpret it for yourself. PART IV—EDUCATION SEC. 11031. TREATMENT OF STUDENT LOANS DISCHARGED ON ACCOUNT OF DEATH OR DISABILITY. (a) In General.—Section 108(f) is amended by adding at the end the following new paragraph: “(5) DISCHARGES ON ACCOUNT OF DEATH OR DISABILITY.— “(A) IN GENERAL.—In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income for such taxable year by reasons of the discharge (in whole or in part) of any loan described in subparagraph (B) after December 31, 2017, and before January 1, 2026, if such discharge was— “(i) pursuant to subsection (a) or (d) of section 437 of the Higher Education Act of 1965 or the parallel benefit under part D of title IV of such Act (relating to the repayment of loan liability), “(ii) pursuant to section 464(c)(1)(F) of such Act, or “(iii) otherwise discharged on account of the death or total and permanent disability of the student. “(B) LOANS DESCRIBED.—A loan is described in this subparagraph if such loan is— “(i) a student loan (as defined in paragraph (2)), or “(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).”. (b) Effective Date.—The amendment made by this section shall apply to discharges of indebtedness after December 31, 2017.
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I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks Victor Ray
