Back Pay Concurrent Reciept? Denied!

[Guest fetta78]

I'm retired Air Force and was rated at 40% disabled. I was re-evaluated and recieved a 50% rating about 6 weeks ago, effective Nov 30, 2004. The VA is telling me that they do not back pay the Concurrent Reciept, DFAS is telling me they don't either. I recieved my first CRDP payment Sep 1 in the amount of $156. That's great but what about the past 8 months worth??

I hope this is clear enough......

I think I should get the back payments, a bit over $1300. It's not much but right about now it'll help more then you know!!

Any ideas? Is that true, that they don't pay retroactive? Who else can I call?

Thanks-

[Berta]

Wayne -(LLewellyn) I replied to Rusty under a different topic but will this help you?

These programs -in my mind- have never been clear to vets from the git go- and -(I posted other vet site links) many other vets are having problems with these issues-

I will attach here too- the PDFs from DOD that explains CRSC

http://www.moaa.org/legislative/retirement/CRDP_Charts.asp -this is the CRDP info

DOD_CRSC_CRDP.pdf

DOD_more_2005.pdf

Edited June 3, 2006 by Berta

[Moe]

There is no back pay due on retirement. You were payed the money only it was taxed. The only thing you can do is file amended tax returns to recoup the taxes you payed on the increased disability pay. The max is three years.

The VA will pay retroactively but you aren't due any retirement backpay. Just think about it and it will become clear.

I was just increased to 70% back to May 01. Will get a nice check from the VA and will file amended tax returns for three years.

Hope this clears it up for you..

[Rusty]

the fact that dfas has paid me my retirement in full is what puts the va on the hook for paying the crdp. yes, crdp is taxable when paid by dfas, but not when paid by the va. i think people view crdp as a dfas-only payment. it's not. it's just that dfas actually calls it crdp because they thought it would be easier for them to waive the entire va payment, then add crdp back in separately later.

imagine, if you will, that one of us has chosen NOT to waive his/her military retirement. thus, their va was being waived in lieu of their retirement. once crdp came out, the va would have to pay it. i'm sure there isn't a single case of this out there, but if you stop and think about it, you'll see that crdp is not the exclusive burden of dfas.

so, when we retirees have been granted 50% or more disability by the va after january 2004, and they withhold our va payment saying that it's been paid by dfas, they are FORGETTING that crdp is not subject to that withholding. therefore, all the crdp IS owed by the va. (remembering that crdp started in january 2004 and was not paid nor retroactive prior to that.)

what we need is a list of people affected by this. let's take it to them as a group.

[Moe]

The VA only deals with disability compensation. They are paying you the full amount for your rating. I think you are confused on crdp. The amount of retirement restored each year is on DFAS. The VA does not pay any of our retirement pay.

When an award is made and retroactive pay is involved the VA is the only payer. The only thing you can do is file amended tax returns for three years on the portion of retired pay that was actually disability compensation.

If this doesn't clear it up we will just agree to disagree. Have a good one..

[Guest DON20906]

Right now, the net benefit to you is a reduction in the taxable portion of your retired pay. VA reports what they would have paid to you as disability comp to DFAS and DFAS reduces your taxable pay by that amount. If you get a monthly gross check for $1500 from DFAs and your VA disability payment is $400, then only $1100 of your gross is subject to income tax. This is being phased out over 10 years starting in 2004 with full CRDP in 2104.

Ask DFAS for an audit of your account to see what went on prior to the current year.

If you have any retro awards that go back before the current year, you will need to file amended tax returns for those years to recoup the taxes you paid during those years. If you are 100% disabled then the VA waiver does don't apply; you get all your retired pay and all your VA comp.

I'm retired Air Force and was rated at 40% disabled. I was re-evaluated and recieved a 50% rating about 6 weeks ago, effective Nov 30, 2004. The VA is telling me that they do not back pay the Concurrent Reciept, DFAS is telling me they don't either. I recieved my first CRDP payment Sep 1 in the amount of $156. That's great but what about the past 8 months worth??

I hope this is clear enough......

I think I should get the back payments, a bit over $1300. It's not much but right about now it'll help more then you know!!

Any ideas? Is that true, that they don't pay retroactive? Who else can I call?

Thanks-

[Rusty]

No, he's not a whiner, nor a phoney. He's a veteran, who happens to be retired. Are only veterans who get their limbs blown off in wars be entitled to any benefit at all? If so, how could anyone that's discharged from the military without a disablity on their final day ever warrant any disability? I guess that's where you and Chairman Buyer want the VA to go anyway.

But one of the issues that we vets are fighting for is those kids coming out of Iraq (and previously Vietnam, Korea, etc.) to get their disability retirement along with their veteran's disability compensation.

I guess you could call your Mommy.

People like you are sickeningly phoney. If you were so disabled how did you remain on active duty long enough to attain a retirement check?

How is it fair that these kids coming out of Iraq today with amputations won't be able to collect both a retirement check and a disability check?

Your kind is a prime example of just why Congressman Buyer is helping VETERANS. Real veterans that is. Not your kind of whiner.