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Retroactive Pay After Successful Appeal

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PJENKS

Question

New here, forgive me if its hosed up. On 1 Dec 05 I was awarded 40% combined rating from VA. To be honest, I was very confused with the process and in fear of losing my retirement if I elected to receive VA pay. One of the conditions they gave me disability for was major depressive disorder. That disorder severely decreased my ability to make such a financial decision at that time. I waived my VA benefits, either in writing or by default, I really can not remember. I excluded the amount of my VA award from my reirement pay when doing my income tax citing the Strickland Decision based on guidance from DFAS. In Oct 2009 I sent in the form to actually receive my VA check because I had the nagging feeling that I had royally screwed up. Now my appeal comes through and my combined rating is increased to 80%. They only gave me back pay retroactively to Oct 09 when I physically elected to get a check.

QUESTION: How can I get paid retroactively to the date of the award which was 1 Dec 05? If DFAS did pay it, how will that affect my retirement check (will I owe DFAS money?)? I understand that I will have to file an amendment on my taxes and will owe the IRS some. I know I made a mess of this but as I said before, I had mental impairments at the time of the decision and was totally overwhelmed. Can anybody help?

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