Disability Comp. Starts When?

[Maj_Sully]

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

[Maj_Sully]

That was odd looking. Your response was inside my quote.

I did not get a check on 1 November. I got my first payment on 1 December (which was for November).

Per the VA....and per some others on this forum....that is the way they do it. They do NOT pay you for the first month. I'd like to see that in the regulations.....it just doesnt seem right. But I suppose I feel better knowing that they didnt just screw mine up.

Sully

[Guest]

Sully

That was odd looking. Your response was inside my quote.

I did not get a check on 1 November. I got my first payment on 1 December (which was for November).

Per the VA....and per some others on this forum....that is the way they do it. They do NOT pay you for the first month. I'd like to see that in the regulations.....it just doesnt seem right. But I suppose I feel better knowing that they didnt just screw mine up.

Have you received your VA award letter yet? It should be under the amount you are entitled to. It should begin with "Your Award Amount and Payment Start Date".

[carlie]

Sully

Have you received your VA award letter yet? It should be under the amount you are entitled to. It should begin with "Your Award Amount and Payment Start Date".

Ditto - the rating decision will specify's the exact way payment was figured.

Should you wind up having to continue dealing with VBA compensation and benefits issues,

you will most likely begin to choose your battles carefully and most times trying to

rectify a situation that pertains to one month of retro comp just plain is not

worth all of the headaches it would involve.

For instance, since Nov 2010 I have been trying to get some resolve on a

ambulance bill for $600.00 that was incurred as a result of an acute exacerbation

of a SC'd disability while I was away from my state of residence and my VAMC.

Believe me - I could almost draw blood over this issue and the principal of it

but for my health it may wind up being in my best interest best to just pay the bill myself

as this is leading to some suicidal and very strong homicidal thoughts.

[Maj_Sully]

Sully

Have you received your VA award letter yet? It should be under the amount you are entitled to. It should begin with "Your Award Amount and Payment Start Date".

Yes. On my first post (down below) I put the amounts and dates:

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

After reading this forum and vets.yuku.com, I have found several posts which say that the VA calls the FIRST MONTH your "STUB MONTH" and you do NOT get paid for this. My VFW rep, handling my appeal, used to work for the VA for 30 years. He too referred to this first month as the STUB month. My effective date of claim was 1 Oct 2010. My effective date of each of my disabilities was 1 Oct 2010. My effective date of payment is 1 Nov 2010---with first payment being on 1 Dec 2010.

This just plain stinks! It is an entire month. Most military retire effective on the end of the month. So there date of claim will always be the first of the month. They will therefore not receive an entire month of disability payments.

Sully

[carlie]

This just plain stinks! It is an entire month.

Sully

You got it now.

[etihwr]

Don't blame the VA. Congress is the one that set up the rule. Blame the military. They know that if they retire you at the end of the month, you will lose your first months VA compensation. I worked at Walter Reed AMC with the Army's Wounded Warrior Program (AW2). The Army will retire these soldiers one to two days before the end of the month for this reason. This way, it may take two months to get paid, but they will be paid from the first day of the next month (the month you lost). Blame the Military, not the VA. The people you trusted to take care of you when your going to retire you, stuck it to you. The VA is just doing what congress told them to do.

I now work for the Virginia Department of Veteran Services. I'm a state Service Officer. I too used to work for the VA, the BVA. I tell all the guy's that I see that come to me to do a BDD (benefits delivery at discharge) claim to try and retire a day earlier.

Now that you have learned how you have been wronged, you need to contact your former fellow soldiers and let them know what you now know. Don't let them be taken. Also tell them to get a sleep study before getting off active duty. Also if they ever had ringing in the ears (or some other sound) to tell their doctor they have Tinnitus. Between the two they will have a 55% disability rating alone (this will round up to 60%).

Best of luck and I'm sorry you had to learn the hard way.

Yes. On my first post (down below) I put the amounts and dates:

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

After reading this forum and vets.yuku.com, I have found several posts which say that the VA calls the FIRST MONTH your "STUB MONTH" and you do NOT get paid for this. My VFW rep, handling my appeal, used to work for the VA for 30 years. He too referred to this first month as the STUB month. My effective date of claim was 1 Oct 2010. My effective date of each of my disabilities was 1 Oct 2010. My effective date of payment is 1 Nov 2010---with first payment being on 1 Dec 2010.

This just plain stinks! It is an entire month. Most military retire effective on the end of the month. So there date of claim will always be the first of the month. They will therefore not receive an entire month of disability payments.

Sully