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Got 100% but pay is withheld even though decision letter said zero withheld

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Odin 3

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I retired last September and a couple weeks ago received my VA decision, 100% P&T with effective date Oct 1 2018. In the decision letter they stated that I should begin receiving monthly payments July 1 in the amount of $3,057.13 with zero withheld. However, on 27 July I received a direct deposit "VACP TREAS 310 - XXVA BENEF ..." with the text "*06/01/19-06/30/19" in the amount of $256.13. So apparently I did receive my payment for July but it is less than 1/10th of what the decision letter said it would be. So now I'm confused.

In the letter it explains that most of my pay for each month before now was withheld due to overlapping with my military retirement pay, and that they need to sort out concurrent receipt with DFAS. Which I understand, that's fine. As I understand it I'll be eligible for CRDP since I'm over 50% and have over 20 years active service. I can wait on the pay a few weeks or months it won't hurt but it sure would be nice to have since I have a lot of work that needs to be done to the house.

Here's the relevant snippets from the decision letter: https://imgur.com/a/U9QcVve

So am I correct in assuming that even though the letter says zero would be withheld that they actually withheld the majority ($2,801) for the 1 July payment as well, and will continue to do so until DFAS clears concurrent receipt and I get the remainder as back pay back to 1 Oct? Which would be right about $30k at this point, plus whatever they withhold each month going forward until CRDP kicks in?

Or am I misunderstanding something?

Also the only place it says P&T is in the section about DEA. My VSO told me it was P&T before I saw the letter but given that I hear about people rated at 100% being reduced later I want to see something that says "100% P&T" together but even the eBenefits site only says 100% but doesn't say P&T. Maybe I'm paranoid but I've dealt with the government long enough to know details like this matter, i.e. is it P&T or not, and what exactly does P&T really mean. Does it mean I am exempt from follow-up C&P exams?

Thanks.

 

 

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  • HadIt.com Elder

Well we too were at dire straits at one time because I could not work or find any body that would give me a chance  ,but being deaf I don't blame them... a lot of Veterans were in our shoes at one time or another.

Anyway my spouse stayed the storm with me , it just shows how much she loved me and was committed to me, she was a licence cosmetology hair dresser and  also was a waitress & WORKED HER BUTT OFF  although I mowed yards to help with food &utility's and the bologna sandwiches got old , but for about 5 years during my fight with the VA we stood the test of time  and I was finally approved for 100% and got my retro , we invested in a home and land  and so for our life is better because of hadit and its members and of course the VA. For finally giving me my benefits.

I owe Hadit Members and its founder Ms Tbird A great deal of gratitude and appreciation  in which I could never be thankful enough for all the help and  advise and guidance   Hadit gave the both of us..I will forever be indebted to Hadit & its members   for our new and better way of life.

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Sorry no one answered this yet.

"am I correct in assuming that even though the letter says zero would be withheld that they actually withheld the majority ($2,801) for the 1 July payment as well, and will continue to do so until DFAS clears concurrent receipt and I get the remainder as back pay back to 1 Oct? Which would be right about $30k at this point, plus whatever they withhold each month going forward until CRDP kicks in?"

That is how I understand this but the audit seems wrong-it seems to indicate they paid the 3,057.13?

DFAS has some info here but I believe we have a good contact # somewhere-I will try to find it.

Thank you for those long in service and Congrats on the 100% P & T!

We have retirees here too and I hope they chime in. 

I have had 4 audits from VA over the past decade or more that were wrong, to the tune of a 6 figure balance.( not to do with CRDP however)

DFAS seems to do a far better job of properly assessing CRDP issues.

 

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You posted:

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In the decision letter they stated that I should begin receiving monthly payments July 1 in the amount of $3,057.13 with zero withheld

The letter did not say that "zero would be witheld".  Instead, The letter you posted said, "We have witheld benefits".  They went on to explain CRDP .  The VA is telling you what VA benefits are, but it does not say how much, will be witheld.  DFAS resolves this in an Audit.  When the smoke clears, hopefully you will get the right amount.  Vets tell us that it always results in a delay with DFAS.  

 

 

I dont know how it will end with you with CRDP.  

If DFAS has paid you for vacation time, that will likely be resolved.  

Unfortunately, I dont know much about CRDP.   We need more Vets on hadit to answer questions. Berta is the expert on CUE and widows benefits.  I know "a little" about effective dates.  Alex is our hep c expert.  So, after you figure out all the ins and outs of CRDP, maybe you can be our expert on that.  

Edited by broncovet
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https://www.military.com/benefits/military-pay/concurrent-retirement-and-disability-pay-crdp-overview.html

https://www.dfas.mil/retiredmilitary.html

https://corpweb1.dfas.mil/askDFAS/custMain.action?mid=12

These links might help more.

Yes, Broncovet , you are correct-many vets here , in my opinion, could help more on the questions we get.

What I don't get is when questions are asked , yet the veteran has not gone to the proper forum, where their answer might be.Or it could be found in the search feature.

We have all had some unique as well as common experiences with the VA and those experiences , as well as the regulations themselves,  can be valuable to others.

That is why I mentioned the audit errors I had , in this thread-

the biggest error is regarding my current CUE claims and has to be fixed.

Nehmer sent me an "estimate" of the AO IHD payment they made, that covered two CUEs awarded and 

what appears to be a 6 month 100% payment for my husband's stroke ( 1151, under OGC Pres Op 08-97.)

They forgot the rest of that accrued amount, 20 months at 100% P & T.

I have read an IG investigation  that revealed countess errors in VA audits  they looked into.

I am calling the IG today- they have a special department that handles audits.

My past audits were corrected, even thought I had sent VA ample evidence of their errors by the Regional Cousel and the OGC. One payment was still wrong, but they accepted by letter and calculations on that error and paid me what they still owed me.

My point is, I do not have the time to be here much----and I sure hope I am not the only one handling the Blue Water claims, when they start to come to us. It appears per something I posted here yesterday from the VA, that Nehmer might definitely kick in.

Nehmer is not hard to understand.FootNote One is not hard to understand.

The VA counts on us claimants not to understand anything.That way they can deprive us of our legal benefits.

 

 

 

 

 

 

 

 

 

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Berta..

    In the military, we are taught to "do it their way" and not complain.  Many of us mentally relate "VA" and our military.  The VA takes maximum advantage of us because of this.  

    We are a bit alike, in that we both lost family members to the VA.   You, famously lost your husband.  I lost my wife..to divorce..she could not/would not put up with homelessness and poverty for years waiting on VA benefits.  

    I recall her saying, "I cant live like this".  If she would have hung in there another year (which I suggested she do), things would be very different.   I cant really blame my ex..who wants to try to live on about 400 per month, for a family of 5, with no home? 

I mean, gee, how many women would like to date a homeless, jobless man?  I completely understand why Vets would commit suicide.  A lot about "who we are" is "what we do", and that isnt much when a man gets to that point when he applies for VA benefits.  

 

    

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5 hours ago, broncovet said:

I mean, gee, how many women would like to date a homeless, jobless man?  I completely understand why Vets would commit suicide.  A lot about "who we are" is "what we do", and that isnt much when a man gets to that point when he applies for VA benefits.     

Don't undersell yourself broncovet.  At the very least you are here making the VA's life miserable.  After I got out I helped to change the military's method of handling heat injuries.  A small part but I did help.  Now I am trying to make the VA's life miserable when dealing with heatstroke injured personnel.

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