Back Pay Question

[Dingo]

I retired 28 Feb 09. I was rated at 90% by the VA. I was told I would NOT receive back pay for March 09 because my effective date of retirement was 1 March (even though I retired on 28 Feb). Does anyone know if this is true or is the VA putting one over on me?

[Berta]

The regulation states that if the a claim for SC is received within one year after discharge-the effective date will be the day after discharge as long as the veteran had the disability on th day after discharge.

38 USC 5110 (:o(1) , 38 CFR 3.400(b( (2) (i) 2008.

NCVLSP makes this point too

the fact that a veteran is released from active duty due to disability does not constitute a formal claim or informal claim for VA effective enitlement date purposes.

McGee V. Nicholson 20 Vet App 472 (2006)

In your case-were there only 28 days this past February?

I think they owe you month of March- what significance does March 9th have?

[Berta]

PS DIngo- what did the VA say in that decision about TDiU (the 100% rate)

Are you working?

If not they should have conisdered you for TDIU and if they did-why did they deny?

TDIU is much higher than 90%-it is the 100% rate for Total Disability due to Individual Unemplopyability.

Did they send you a 21-894- TDIU form?

PS Welcome aboard!

[Philip Rogers]

Berta, I think the March 09 is March, 2009, not March 9th.

Dingo - As Berta wrote, the date of your claim, if filed within one yr of discharge, is the day after discharge. VA's policy is you get the first full month after the date of your claim. Your claim date was March 1, 2009. In order to get paid for March your claim would have needed to be filed on February 28, 2009 or by the rules you needed to be discharged on February 27, 2009.

Berta - I don't believe they owe him March. It sux but that's another way the VA saves money. Not to get off subject but the VA pays it's employees the true mileage actually traveled and takes their word for it. We vets get city to city and not what we really traveled. Just another way they screw us. And employees were getting about 10 cents more a mile. Not sure of current rate.

pr

[Berta]

Thanks Philip- I guess I sure buggered this one up!

I thought that he retired Feb 28th so this would trigger the day after discharge as his EED (March 1)

Maybe this claim is a very good reason to file the 21-526 as soon as the transition claims briefing occurs.

I understand they have a vet rep as well as a VA VSO at these briefings.

Maybe at the rate claims are going -

a 21-526 should be filed with the disability parts left blank- as soon as someone enlists!

Dingo- does your last Mil paycheck cover March 1?

[jbasser]

Actually, I think tha the should be paid march. The reason thus stated by the regs that VA disability is paid in the rears, Like a mortgage. He was awarded in February thus March 1 should be the effective pay date acording to the regs. I will have to do a little research on the reg and Dingo, you can throw it at them.

J

[Philip Rogers]

jbasser - did I miss something? Where did it say he was awarded in February? I read he retired on Feb 28th and the rules state if a claim is filed within one year of discharge, the claim goes back to the day after discharge. If you file on 2/28 and win that award you will get your first check, which will be for March, on April 1st. If you file on 3/1 you will receive your first check, which will be for April, on May 1st. Now, I'm assuming he's retired from active duty. Let me know what you find. I'm happy to be corrected, if necessary.

pr

Actually, I think tha the should be paid march. The reason thus stated by the regs that VA disability is paid in the rears, Like a mortgage. He was awarded in February thus March 1 should be the effective pay date acording to the regs. I will have to do a little research on the reg and Dingo, you can throw it at them.

J

Edited May 23, 2009 by Philip Rogers