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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Maj_Sully

Disability Comp. Starts When?

Question

So....I finally received my very first Disability Compensation payment (back-pay check)--rated at 90% (so far). I retired effective on 30 Sept 2010. My effective date of claim was 1 Oct 2010 (as shown on each of my individual "conditions" that were rated).

The amount of my check was $9272.00. The only way for this at add up would be two payments of $1819 + three payments of $1878 = $9272. It seems to me that they should have paid me for 6 months (Oct - March)....but they only paid me for 5 months.

I'm now being told that the FIRST month (in my case October 1-31) is NOT PAID AT ALL. They skip the first month (partial or whole)....then pay the 2nd month (at the end of the 2nd month). They are telling me that they paid me:

Nov 1-30 on 1 Dec 2010 at $1819

Dec 1-31 on 1 Jan 2011 at $1819

Jan 1-31 on 1 Feb 2011 at $1878

Feb 1-28 on 1 Mar 2011 at $1878

Mar 1-31 on 1 Apr 2011 at $1878

------------------------------------------------

All of the above paid in one check at $9272

Here is the table that was included in my VA DISABILITY PACKAGE for me:

Total VA Benefit Amount Withheld Amount Paid Effective Date Reason for Change

$ 1,904.00 $ 85.00 $ 1,819.00 1-Nov-10 Increased Award (Initial)

$ 1,904.00 $ 26.00 $ 1,878.00 1-Jan-11 Retired Pay Adjusment, Concurrent Retirement and Disability Pay Amount

$ 1,904.00 $ 00.00 $ 1,904.00 1-Apr-11 Retired Pay Adjusment, Concurrent Retirement and Disability Pay Amount

So....my questions are:

1. Is this correct. Do you NOT receive payment for your first month after separation/retirement?

2. Even if that month is a FULL month (in my case 1-31 Oct 2010)?

3. I assume that they are "withholding" the $85.00 and the $26.00 is because I'm not yet at 100% and I already received my retired pay. Beginning shortly, my retired pay will be reduced by the $26.00 and I will received all $1904 in my disability check. Correct?

Thanks!

Sully

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So....I finally received my very first Disability Compensation payment (back-pay check)--rated at 90% (so far). I retired effective on 30 Sept 2010. My effective date of claim was 1 Oct 2010 (as shown on each of my individual "conditions" that were rated).

The amount of my check was $9272.00. The only way for this at add up would be two payments of $1819 + three payments of $1878 = $9272. It seems to me that they should have paid me for 6 months (Oct - March)....but they only paid me for 5 months.

I'm now being told that the FIRST month (in my case October 1-31) is NOT PAID AT ALL. They skip the first month (partial or whole)....then pay the 2nd month (at the end of the 2nd month). They are telling me that they paid me:

Nov 1-30 on 1 Dec 2010 at $1819

Dec 1-31 on 1 Jan 2011 at $1819

Jan 1-31 on 1 Feb 2011 at $1878

Feb 1-28 on 1 Mar 2011 at $1878

Mar 1-31 on 1 Apr 2011 at $1878

------------------------------------------------

All of the above paid in one check at $9272

Here is the table that was included in my VA DISABILITY PACKAGE for me:

Total VA Benefit Amount Withheld Amount Paid Effective Date Reason for Change

$ 1,904.00 $ 85.00 $ 1,819.00 1-Nov-10 Increased Award (Initial)

$ 1,904.00 $ 26.00 $ 1,878.00 1-Jan-11 Retired Pay Adjusment, Concurrent Retirement and Disability Pay Amount

$ 1,904.00 $ 00.00 $ 1,904.00 1-Apr-11 Retired Pay Adjusment, Concurrent Retirement and Disability Pay Amount

So....my questions are:

1. Is this correct. Do you NOT receive payment for your first month after separation/retirement?

2. Even if that month is a FULL month (in my case 1-31 Oct 2010)?

3. I assume that they are "withholding" the $85.00 and the $26.00 is because I'm not yet at 100% and I already received my retired pay. Beginning shortly, my retired pay will be reduced by the $26.00 and I will received all $1904 in my disability check. Correct?

Thanks!

Sully

Sully

In reference to your #2 question, I believe that it is a fact that they don't pay you for the month of the decision no matter if it is made the 1st or any other date within that month. Mine was made on the 2nd and that is what happened to me also. I know others will chime in on this one.

As for the "withholding". Could the difference in the monthly payment possibly be that you have a the VA life insurance and those premiums started being withheld? Just a thought.

Congrats on your success with your decision.

Handler

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Sully

In reference to your #2 question, I believe that it is a fact that they don't pay you for the month of the decision no matter if it is made the 1st or any other date within that month. Mine was made on the 2nd and that is what happened to me also. I know others will chime in on this one.

As for the "withholding". Could the difference in the monthly payment possibly be that you have a the VA life insurance and those premiums started being withheld? Just a thought.

Congrats on your success with your decision.

Handler

It doesnt seem fair that the VA wouldnt pay you for the first month. The VA letter says that my EFFECTIVE DATE on each one of my conditions is 1 Oct 2010. IMO, they should start paying me then. I dont like that my letter came in and says that each of my disabilities (aka conditions) have an EFFECTIVE DATE of 1 Oct 2010.....yet the payment table shows my payment EFFECTIVE DATE as 1 Nov 2010. If this was payment in arrears, okay. But they are telling me it is not. They are telling me that my payment starts on 1 Nov with the first payment being on 1 Dec 2010.

I did all the math, and the withholding amount is correct. Based on the concurrent receipt allocations for 2010 = 93.95% and 2011 = 98.18%. Starting shortly, the reduction/withholding will not happen on the VA DISABILITY side....it will occur on my MILITARY RETIREMENT side. Starting next month, my MILITARY RETIREMENT will be reduced by $26.00 and my VA DISABILITY will be fully funded at $1904. Or so I'm told.

Sully

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VA and SSA always pay compensation, one month in the rears.

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VA and SSA always pay compensation, one month in the rears.

Understood. And I apologize for not explaining myself well.

I'm okay with payment in arrears. But that is NOT the issue at hand. They are saying YES....your disability effective date is 1 Oct. However, you are not going to start accruing payment for that disability until 1 Nov....and then....we are not going to pay you until the END of November---actually on 1 December.

So....payment is in arrears. But they also ARE NOT paying at all for the first month (Oct). They skip it. Or so they told me on the phone. And that is how they figured my first (back-pay) check.

They are paying me for November on 1 Dec. That is okay.

They are NOT paying me at all for October. Not okay.

Sully

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Understood. And I apologize for not explaining myself well.

I'm okay with payment in arrears. But that is NOT the issue at hand. They are saying YES....your disability effective date is 1 Oct. However, you are not going to start accruing payment for that disability until 1 Nov....and then....we are not going to pay you until the END of November---actually on 1 December.

So....payment is in arrears. But they also ARE NOT paying at all for the first month (Oct). They skip it. Or so they told me on the phone. And that is how they figured my first (back-pay) check.

They are paying me for November on 1 Dec. That is okay.

They are NOT paying me at all for October. Not okay.

Sully

Sully,

Yup, it isn't okay that you don't get paid for October but that is how it is done as far as I know. Whether it be (as in your case) your effective date of disability is the 1st, or it is the 15th, 20th or whatever date, it doesn't matter. You won't get any funds for that month (October). Your effective payment date will be the 1st of the following month (in your case November) for which you will be paid on or about Dec. 1. Wish I had better news.

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