Military Pay In Lieu Of Compensation

[Guest]

Here's the details: I currently have a claim in with the VA. This claim is an appeal to my original rating. I just checked it on ebenefits; its under a pending decision approval. However, a new claim has been opened up, today, stating: "Military pay in lieu of compensation" This is current as of today. I think that is what the VA decided on my current claim which is still in a pending decision approval. Can someone tell me what does this Military Pay in lieu of compensation means? It also states it will take 95 to 138 days to process. Thank You

Edited March 28, 2012 by Guest

[justrluk]

I've only been able to get copies of C&Ps via request to the VARO handling my claims. The people doing them (VAMC or QTC) have never been able to provide them (at least that's been my experience). Maybe others have been successful in making this happen, but I haven't. Just use this form (at least I think):http://www.va.gov/vaforms/va/pdf/VA3288.pdf

[Guest]

I've only been able to get copies of C&Ps via request to the VARO handling my claims. The people doing them (VAMC or QTC) have never been able to provide them (at least that's been my experience). Maybe others have been successful in making this happen, but I haven't. Just use this form (at least I think):http://www.va.gov/va.../pdf/VA3288.pdf

I assume by FOIA you mean the freedom of information act. As you can tell I am new to this. So, Im in the learning phases. Do you think I should wait until the VA makes a decision on my current appeal or should I go ahead and do it now?

[john999]

I don't think a request to get a copy of a C&P exam or exams should affect the speed of appeals. If you were on the verge of a decision I would say just let it ride until I get the decision. If the VA did the exam themselves it is easy to get a copy. If QTC did it then you have to go through the VARO, so it is slower. Stick with Justriuk. He knows what he is talking about regarding getting your discharge changed to retirement. I do know that it gets much harder after 6 years from discharge if memory serves. You are still in a good window. This may be your one chance. So I would just concentrate all my energy on this project until you win.

John

[Guest]

I don't think a request to get a copy of a C&P exam or exams should affect the speed of appeals. If you were on the verge of a decision I would say just let it ride until I get the decision. If the VA did the exam themselves it is easy to get a copy. If QTC did it then you have to go through the VARO, so it is slower. Stick with Justriuk. He knows what he is talking about regarding getting your discharge changed to retirement. I do know that it gets much harder after 6 years from discharge if memory serves. You are still in a good window. This may be your one chance. So I would just concentrate all my energy on this project until you win.

John

Thanks John, I think it will be best to wait and see what the VA will say about my current claim. Then, go through with the PDRB. Ebenefits said it will take 95-138 days to process but the VA said 5 days. IDK what the VA is talking about. I seriously get a different answer EVERYTIME I call them. I guess I will wait to see how they rate my current appeal. If I have to pay back the severance pay I will definitely go the PDRB route and even if I don't, I'm still going to do the PDRB. I believe Veteran's have EARNED their benefits and they should be exercised to the fullest extent that the law allows. It never hurts to try. What would be a good reason for asking the PDRB to increase my seperations from the service? It is on the form. I have the option to leave it blank. Would it be best to leave it blank? Again thanks for the help. Another issue I have with the VA is I am rated with a lumbar strain. I've read the VA likes to do this to people and screw them over later on down the road. Strains get better and bad discs don't. Especially degenerative discs. So if they don't change my rating like I asked them too, I am going to throw in appeal after appeal after appeal until they get it right. I have bad disc. Not a lumbar strain (claimed as degenerative disc, herniated disc).

Justrluck again thanks for your help. I probably would have never known about the PDBR if you didn't mention anything about it. Or, i would have found out about it well after time expired. You've been a great help. Thanks

[Guest]

Update:

I received my decision from the VA. They did increase my percentage for my bad back from 20% to 40%; plus, I have 10% for tinnitus. That gives me a combined rating of 50%. The Military Pay in Lieu of Compensation is pertaining to the severance pay I received. The VA is checking to see how much I received from my service branch. Then, I am assuming they will send me a letter telling me my compensation benefits will be stopped in order to repay this money back. So, I am thinking if I do this PDRB will this prevent me from having to pay back that severance pay and still keep my VA benefits? In other words, if I will be retired from the PDRB-which I suspect I will be but you never know-will I receive some type of pay from the USMC. But really that pay from the USMC will go toward the severance pay or because I am retired the USMC will give me a payment each month to go toward repaying that severance pay and I will still keep my VA benefits? Can somebody clarify a little more for me what will happen if I am retired by the PDRB and what happens to my benefits from there? Thanks

[justrluk]

Update:

I received my decision from the VA. They did increase my percentage for my bad back from 20% to 40%; plus, I have 10% for tinnitus. That gives me a combined rating of 50%. The Military Pay in Lieu of Compensation is pertaining to the severance pay I received. The VA is checking to see how much I received from my service branch. Then, I am assuming they will send me a letter telling me my compensation benefits will be stopped in order to repay this money back. So, I am thinking if I do this PDRB will this prevent me from having to pay back that severance pay and still keep my VA benefits? In other words, if I will be retired from the PDRB-which I suspect I will be but you never know-will I receive some type of pay from the USMC. But really that pay from the USMC will go toward the severance pay or because I am retired the USMC will give me a payment each month to go toward repaying that severance pay and I will still keep my VA benefits? Can somebody clarify a little more for me what will happen if I am retired by the PDRB and what happens to my benefits from there? Thanks

Here's what I was told by DFAS last week: If you received severance and are then retired, DFAS will take the recoupment from your military pay. Your VA comp should not be touched. The VA has been withholding some $$ from my VA comp to repay my severance since 2004. That amount will be deducted from my total debt by DFAS, and the remainder paid from mil pay. Since I'm not eligible for CRDP, I'd never see the retired pay anyway, so bonus for me. My VA comp will increase by the amount they've been keeping for severance back to what I should be getting anyway. Don't worry about the process. Submit what the PDBR requires and check in about every two weeks to see how it's going.