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-

[Guest Berta]

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-

<{POST_SNAPBACK}>

Airman- it sure is hard to find your answer- Afterburner stuff even seems old on CRDP-have you tried this link?

http://www.defenselink.mil/dfas/money/retired/newrethome.htm

Also I suggest that you try Military.com and even join their site as they should have the contact and info you need

I know this has been discussed there-but in the members forum.

Edited September 8, 2005 by Berta

[Ricky]

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-

<{POST_SNAPBACK}>

It appears that this will be one of those funny VA math formulas. VA should increase the rating to 50 percent effective the day indicated. Under normal circumstances they tell you that they are withholding payment cause you have already received your retirement pay therefore, they consider it a wash. However, in your case the law in effect in Nov 04 provided you should have received 156.00 in concurrent receipt. What they should do is withhold the VA payment all except the 156.00. In the decision letter it should say something like this: (example only) amount of VA payment 556.00 effective 1 Nov 04. Amount of payment withheld 500.00. Reason for withholding: Receipt of militay retirement pay. If they put it in like this it should result in a check being cut in the amount of the 156.00 x months that should not have been withheld ie.. the 1300 dollars. If you will recall when you received your 40 percent rating the decision letter (take a look at it) should have been worded similary because I am sure that it took several months for them to decide your first claim during which time you received your military retirement. If they indicate anything else in a decision letter than what I stated in my example I would NOD the decision and quote the concurrent receipt law which covers all the way back to date of your claim. Hope this make sense and hope it works out for you.

[Ricky]

It appears that this will be one of those funny VA math formulas.  VA should increase the rating to 50 percent effective the day indicated.  Under normal circumstances they tell you that they are withholding payment cause you have already received your retirement pay therefore, they consider it a wash.  However, in your case  the law in effect in Nov 04 provided you should have received 156.00 in concurrent receipt.  What they should do is withhold the VA payment all except the 156.00.  In the decision letter it should say something like this: (example only)  amount of VA payment 556.00 effective 1 Nov 04.  Amount of payment withheld 500.00. Reason for withholding:  Receipt of militay retirement pay.  If they put it in like this it should result in a check being cut in the amount of the 156.00 x months that should not have been withheld ie.. the 1300 dollars.  If you will recall when you received your 40 percent rating the decision letter (take a look at it) should have been worded similary because I am sure that it took several months for them to decide your first claim during which time you received your military retirement.  If they indicate anything else in a decision letter than what I stated in my example I would NOD the decision and quote the concurrent receipt law which covers all the way back to  date of your claim.  Hope this make sense and hope it works out for you.

<{POST_SNAPBACK}>

Forgot to add.  The words back pay in conjunction with concurrent receipt is a no-no.  If you have to fight the issue your NOD should state something the effect of:  In Nov 04 I was rated at 50 percent disability.  Which resulted in VA paying me 556.00 per month.  However, VA witheld the entire 556.00 per month due to my receipt of military retirement pay.  Law in effect (find the law and quote it) provides that VA was only entitled to withhold 500.00 per month.  VA's actions has resulted in a violation of (the above quoted law) and underpayment to me in the amount of 1300.00 (156.00 x 12 months)  I request that VA provide this underpayment to me immediately.    Just an idea of how to start. 

[wallyg]

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.

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

Fetta

AFAS does NOT pay back pay. They start CRDP only when notified by the VA of your 50% or higher award.

VA will not pay back pay when you were still receiving Retirement Pay, as that was a wash, and still is at 50% VA has nothing to do with Concurrent Receipt, and it is best not to use that term with them.

What you should be receiving TOTAL is the exact same amount as before plus the $156 CRDP. The only other difference, is that you should be getter more from the VA, and less from your regular AF retirement.

You can ask for a breakdown of VA Finace's computations, but it appears to me that you have been paid correctly under existing law.

Edited September 10, 2005 by wallyg

[Jim MAC]

Hey hate to say it but your hosed. I applied in July of 2004 was rated 60% in Aug 2005 received my first check $225 on Sept 1st. There is no back pay that is the law the longer the VA takes the less money you get paid. I looked it it this way we never had it before and less be grateful that we have it now.

Jim

[Ricky]

Jim what was the effective date of you award? Was it July 04 or Aug 05? The reason I asked is that hopefully one day I will get my 100 percent x 6 months for my stroke. I assume that since VA already paid me 500.00 per month for those 6 months which was washed because of my military retirement. Upon award of the 100 percent for the 6 month period VA should send me a check for the 6 months that looks something like this: 100 percent = 2500.00 per month; minus the 500.00 per month they have already paid me so that should leave 2000.00 per month for six months which equals 12,000.00. Upon payment by the VA will the military now turn around and take my retirement pay for that same six months? Start date will be Feb 05 at which time full concurrent receipt was in effect for 100 percent ratings. the same should apply for a 60 percent rating in your case. You applied in Jul 04, was approved in Aug 05 and I assume with an effective date of July 04. VA should have paid you 839.00 (single rate). For 04 you should have received 125.00 per month CR. Therefore, when VA paid you did the award letter state that the entire 839.00 had been withheld due to receipt of military retirement or did it state VA payment 839.00 amount withheld 714.00 (this is what it should have read) resulting in a check from VA for 125.00 x number of months to current date. I hope this makes sense. If the law indicates that you were to get 125.00 per month CR then VA has to provide that amount to you via not withholding the entire amount. Am I out in left field on this?