Collecting Unpaid Benefits From 1975 Thru 2011

[panseyjam]

My husband was given permanent 10% disability upon discharge in 1975 as well as special compensation for loss of reproductive organ, after having received 100% disability while in service for approximately three years. When inquiring as to how to obtain the 10%, he was advised to file form 21-651, advising the military as to whether he wanted retirement or compensation. He had no access to this form in 1975, knew of no retirement, thus, follow-up was not done. Now after filing another claim, he had access to his files and found this correspondence awarding him the 10%. He presented this communication to his current appeal (pending review) advocate and was advised to disregard. He then presented to his county veteran's rep who found an error on his DD 214, stating 10 years versus actual 3 years. The Rep forwarded it to "Support Services" office. They simply affirmed current payment, retro from 2011, and said any discussion re previous years should be with 'Benefits'. Our question, which our Rep didn't know the answer to either, was who/where is Benefits? He stated he will contact American Legion for more information. Any help out there?

[Carl the Engineer]

OK, I may be dumber than a box of rocks, but here goes,

It looks like the service member opted out of his VA comp in leu of his MRP (Military Retirement Pay).  That form is used for "Concurrent Receipt" which was not a buzz word back when he signed it.

First, that makes no sense, as his VA comp would be higher that his retirement pay?  Someone said mark that block, on his way to becoming a Army Recruiter.

Second, he didn't get any reitirement pay?  See above ^^^^^^,

Looks like the service menber got baited into signing something he knew nothing about.  Which is par for the course for the Army and the VA.

This form reminds me of the form I signed (after 18 years in the reserves) opting out of the GI bill.  Which can never be reversed.  Then going Active Duty for another 11 years and not being able to use the GI bill.  Screw job by the military, same senario as the VA.

Run it by a Veteran Lawyer, see what they think, but I think the opting out is going to be the capper.

FWIW,

Hamslice

 

 

Edited August 27, 2017 by Hamslice
damn spelling

[Buck52]

I am sorry  but I don't understand this part.

''My husband was given permanent 10% disability upon discharge in 1975 as well as special compensation for loss of reproductive organ, after having received 100% disability while in service for approximately three years''

[panseyjam]

Buck52,

It may be my choice of words as well as lack of understanding of all things military.  I am learning as I go, and as I question him. 

His Army discharge was December 1970 as it was mutually decided that he not be retrained but instead be released as he was medically not permitted to fly.  He was provided TDRL under the surveillance of the Medical Board until 8/74 when the Physical Board declared him fit for duty and terminated the pay.   In his file, we find the rating decision for the surgical absence as well as the SMC K, dated 12/7/71 (attached).  

Does this help?

Edited August 27, 2017 by panseyjam
Wrong addressee

[haliotus]

I signed a "waiver" for a hearing profile claim for disability when discharged from USMC in 1970. Can I still file a claim 50 yrs' later. I was told at time of discharge my disability was probably a 30% disability claim.  Foolishly I signed the waiver so that I could avoid the 6 wk delay discharge from active duty.  I signed the waiver and was discharged the same afternoon.  My hearing has been a mess ever since, and I have extreme Tinunitis as well.