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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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Kevink39365

Withholding of disability pay

Question

I have searched this website and other forums for a clear understanding of withholding of disability pay, but none found for this particular case.  Any insight or clarification would be greatly appreciated  

I recently received my 100% Permanent Disability from the VA. My monthly paymentwill be $3,600/month. My date of eligibility for all claims was 1-FEB-2017. I received a deposit in my account for backpay of $15,000. Doing the math I would have though the backpay would have been 15 months (months from when eligible until I received notification) x $3,500. When I looked at the paperwork I received it stated that for all of these months they had withheld a significant portion of the disability pay. When I called the VA Rep stated that they withhold this pay until it is verified their is no outstanding debts owed. I explained to them I was retired under normal conditions after 26 years and had no debts. She said that the VA would request that all withholding pay be paid to me but it wasn't their decision. When I asked how long it would take, she stated their was no timeframe and that it was not 100% that I would be paid the payments withheld. 

Does anyone know the chance of receiving this withholding backpay?  If so, how long does it normally take?

Thank you and God Bless. 

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We need more info-

was this Separation pay? Doesn't sound like it was......

I explained to them I was retired under normal conditions after 26 years and had no debts"

The VA might have sent DOD info to see if your are eligible for CRDP- well they should have sent DOD that info

or maybe you are eligible for CRSC and you have to apply for that your self---- 

still I have no idea how that would affect your retro-  retro is almost always only back to the date you filed the claim,.and if that filing was within one year of your discharge, they pay retro back to the day after your discharge.

"She said that the VA would request that all withholding pay be paid to me but it wasn't their decision" ???

Whose decision was it?

Can you scan and attach here their letter?

Cover the C file # and your name,address prior to scanning it.

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You said you recently received 100%.  Are you collecting retired pay? At anytime after your retirement where you at a rate below 50%??  I ask this because if you are retired and receiving retired pay, and you are not 50% or greater, then you do not get the amount from your retirement that is your comp, because of taxes. 

However, since this is in the past, they probably would just short you the comp, when your comp was below 50%

Now, if you where/are 100% from the day you retired, well then they owe you the whole shebang.

Concurrent Receipt,

Hamslice

 

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Thanks Berta and Hamslice. The 100% was my initial rating. I filed within my first year after retiring. Retired 1/31/17. Filed 6/6/17.  Awarded 100% permanent on 6/7/18.

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