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-

[jimlane1949]

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.

If you were 40% why didn't the AF retire you medically?

[jimlane1949]

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.

I wonder if it is cases like this that gets congress all worked up. At any rate it affects all disabled vets and makes things harder.

[Guest morgan]

The retired, SC disabled veterans should get BOTH. They paid a price for one and earned the other. Disability at any level is a high price to pay.

Thank you for your honorable service, disabled retired veterans! I sincerely hold you (and all veterans) in high esteem and wish you well in your fight for your benefits. You are not a whiner for asking for what is yours. And don't discount mommies. Many who are helping in the fight for veterans benefits are mommies.

Haven't you heard? If Mommy ain't happy, ain't nobody happy!

Edited June 18, 2006 by morgan

[Moe]

Retired military receive no back pay unless VA disability exceeds retired pay. They consider us as having been paid. The only recourse is to file amended tax returns to recoup any taxes paid on disability increase. Can only go back three years.

There is a bill on the hill to do away with the three year limitation. That would help those like me. I was granted an increase retroactive five years.

Vets who didn't retire get the backpay from the VA. I think it also applies to Fed retirees. Someone here will chime in. In my case it would have been around $28,000.

[vaf]

Taicho, don't be so quick to judge. You want to know how someone can stay on active duty while sick long enough to collect a retirement check? Here's one story.

Due to substandard diagnostic medical care provided by the USAF, a slow-growing pituitary tumor was overlooked over the course of five years after my husband periodically complained of terrible headaches and nausea (because no CT Scan or MRI was ever ordered). Because he was in a career field with a significant shortage, air traffic control, due to the wishful thinking of the flight doctor, my husband was diagnosed with vascular headaches (can't say "migraine" and stay on flight status), due to stress, again never having undergone an MRI or CT scan. In fact, when we asked if he could possibly have a brain tumor, the full-fledged doctor (not PA) said absolutely not, because my husband's pupils reacted appropriately to light stimulus (which by the way, as it turns out, can occur despite the presence of a brain tumor).

He was due to retire in May, but in October prior to that, he seized up during a random drug screen, slipped into a coma, and was rushed to a civilian hospital with a CT scan in the ER, and was immediately diagnosed with a pituitary brain tumor. Had someone scanned him previously, the tumor would not have grown as large as it did, nor would he have gone into a coma. The base did not have the equipment and would have had to pay a civilian provider to scan him, plus, the USAF was critically short on air traffic controllers at the time. We feel this had everything to do with the lack of adequate treatment he received while active duty.

With some help from our congressman, because the USAF refused to stop his normal retirement paperwork and replace it with medical retirement paperwork, my husband was placed on medical hold and TDRL until the following August, when he medically retired.

And THAT is one way someone can put in a full 20+ years, yet be disabled (in this case severely).

[Moe]

Taicho, don't be so quick to judge. You want to know how someone can stay on active duty while sick long enough to collect a retirement check? Here's one story.

Due to substandard diagnostic medical care provided by the USAF, a slow-growing pituitary tumor was overlooked over the course of five years after my husband periodically complained of terrible headaches and nausea (because no CT Scan or MRI was ever ordered). Because he was in a career field with a significant shortage, air traffic control, due to the wishful thinking of the flight doctor, my husband was diagnosed with vascular headaches (can't say "migraine" and stay on flight status), due to stress, again never having undergone an MRI or CT scan. In fact, when we asked if he could possibly have a brain tumor, the full-fledged doctor (not PA) said absolutely not, because my husband's pupils reacted appropriately to light stimulus (which by the way, as it turns out, can occur despite the presence of a brain tumor).

He was due to retire in May, but in October prior to that, he seized up during a random drug screen, slipped into a coma, and was rushed to a civilian hospital with a CT scan in the ER, and was immediately diagnosed with a pituitary brain tumor. Had someone scanned him previously, the tumor would not have grown as large as it did, nor would he have gone into a coma. The base did not have the equipment and would have had to pay a civilian provider to scan him, plus, the USAF was critically short on air traffic controllers at the time. We feel this had everything to do with the lack of adequate treatment he received while active duty.

With some help from our congressman, because the USAF refused to stop his normal retirement paperwork and replace it with medical retirement paperwork, my husband was placed on medical hold and TDRL until the following August, when he medically retired.

And THAT is one way someone can put in a full 20+ years, yet be disabled (in this case severely).

Vicki, sorry to hear this. Not the way to end a career. Sounds like medical retirement was best in your situation but for others it may not be. If the condition is likely to improve a regular retirement is in ones best interest.