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posted
So I have a 20% service connected disability, and get a small disability payment from the VA. I did 20+ years service and am therefore also getting military retired pay.
Due to my VA disability being less than 50%, they deduct the amount of my disability pay from my retired pay!
Really frosts me! I served, earned both yet they offset the pay. I consider it a real cheap shot at retirees.
 
Posts: 3793 | Location: Finally free in AZ! | Registered: February 14, 2003Reply With QuoteReport This Post
Freethinker
Picture of sigfreund
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quote:
Originally posted by captain127:
I consider it a real cheap shot at retirees.

Amen, brother!
Something to bring to the attention of the current powers—?

I hadn't thought about that fact in a long time, but if there was ever a chance of getting the policy changed, it would probably be now.




6.0/94.0

“I can’t give you brains, but I can give you a diploma.”
— The Wizard of Oz
 
Posts: 49513 | Location: 10,150 Feet Above Sea Level in Commirado | Registered: April 04, 2002Reply With QuoteReport This Post
Character, above all else
Picture of Tailhook 84
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Have you exhausted all avenues of getting your disability rating up to 50% or more? If so, the only other way to avoid the offset is to get your disability qualified as Combat-Related Special Compensation (CRSC).

You'll probably have more success at getting qualified for either of the two situations above before the laws are changed.




"The Truth, when first uttered, is always considered heresy."
 
Posts: 2668 | Location: West of Fort Worth | Registered: March 05, 2008Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
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quote:
Originally posted by Tailhook 84:
Have you exhausted all avenues of getting your disability rating up to 50% or more?


Keep in mind that they're tightening the VA rating process as we speak.

They just published new stricter rating guidance, which will apply to all new ratings or reratings, but won't be retroactively applied to existing ratings as long as they don't seek rerating.

https://www.wearethemighty.com...ability-rating-rule/

The gist is that the VA disability rating is now going to be based on their life impact post-treatment/medication.

So it's possible that by attempting to get a higher rating, your rating could be lowered since the new rating criteria would now apply.

(Not really a risk for the OP, since if he goes from 20% to 10% or 0%, he'd still be getting the same amount due to his pension being offset less. But it's a major risk for someone who for example is 70% disabled and trying to get rerated higher, but ends up getting dropped to 40%.)
 
Posts: 35191 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
Member
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I will be working on CRSC as all my claims are related to deployments to Iraq and Afghanistan
Concurrent receipt amounts to a penalty on those that stayed in 20+ instead of getting out after less service time.
 
Posts: 3793 | Location: Finally free in AZ! | Registered: February 14, 2003Reply With QuoteReport This Post
Member
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The VA backed down on its new disability rating rule—but didn’t rescind it

https://www.wearethemighty.com...e-but-didnt-rescind/

An unprecedented flood of outrage from veterans groups, lawmakers, and individual veterans led the Department of Veterans Affairs to reverse course Thursday on a controversial regulation that would have based disability ratings on how well veterans function while medicated, instead of considering the severity of the actual condition they suffer from.

It’s a victory for veterans and advocates who mounted a quick and decisive public campaign against the policy. VA Secretary Doug Collins announced the agency would halt enforcement of the rule just two days after it took effect. But the rule is still in place, and has yet to actually be rescinded. Comments are still open until Apr. 20, 2026.

“While VA does not agree with the way this rule has been characterized, the department always takes Veterans’ concerns seriously,” Collins wrote in a statement posted to X. “To alleviate these concerns, VA will continue to collect public comments regarding the rule, but it will not be enforced at any time in the future.”


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Posts: 14584 | Registered: January 17, 2011Reply With QuoteReport This Post
Run Silent
Run Deep

Picture of Patriot
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What BS…

It should be 1.2…the one for the 20 years, the 0.2 for the extra you sacrificed while doing the 20.


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Spread my work ethic, not my wealth
 
Posts: 7431 | Location: South East, Pa | Registered: July 04, 2002Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
posted Hide Post
quote:
Originally posted by captain127:
So I have a 20% service connected disability, and get a small disability payment from the VA. I did 20+ years service and am therefore also getting military retired pay.
Due to my VA disability being less than 50%, they deduct the amount of my disability pay from my retired pay!
Really frosts me! I served, earned both yet they offset the pay. I consider it a real cheap shot at retirees.


At least your disability pay is tax-free so you still have a net gain.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 21698 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
posted Hide Post
quote:
Originally posted by RogueJSK:



They just published new stricter rating guidance, which will apply to all new ratings or reratings, but won't be retroactively applied to existing ratings as long as they don't seek rerating.

https://www.wearethemighty.com...ability-rating-rule/

The gist is that the VA disability rating is now going to be based on their life impact post-treatment/medication.

So it's possible that by attempting to get a higher rating, your rating could be lowered since the new rating criteria would now apply.

(Not really a risk for the OP, since if he goes from 20% to 10% or 0%, he'd still be getting the same amount due to his pension being offset less. But it's a major risk for someone who for example is 70% disabled and trying to get rerated higher, but ends up getting dropped to 40%.)


The VA dropped the implementation of that rule. I got the news from my VFW post or American Legion, I forget which.

VA halts implementation of controversial disability rating rule following backlash



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 21698 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
A Grateful American
Picture of sigmonkey
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50+ years ago, I did not consider +50 years later.

I never did it for "10% off" at the checkout of any store, or "discount" for a meal, any "Thank you" for my service, marked off "Parking for Vets" or any other bullshit.

I stepped up because I thought is was the right thing for me, and because I believed in the country I grew up in, and was taught in school, and saw in my life in my youth.

I have never applied for any VA benefits, and I live solely on Social Security (that I paid for, and fuck any and all the people that may make the claim that I am some kind of socialist for receiving what I believed was a return on my investment...)

I have had a great number of family, fellow brothers/sisters in arms tell me I should seek any and all VA or other "benefits", and actually become indignant because I state I never stepped up for that from the get go, and don't seek it after the fact.

To any and all, do not thank me for my service.
I did what I did for what I believed was important, never considering nor giving a shit if anyone else cared.

I don't need nor want your "thank you", but what I do want/desire is that you live your life and treating any and all of your fellow men/women with respect, dignity an das you would treat yourselves.

Anything else is mental masturbation, and it might make you feel good, but it is a disgusting mess on those you deliver it.

You either understand, or you are lack the capacity.

No one owes me a damned thing, but everyone owes this Republic, everything.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא עוד
 
Posts: 46416 | Location: Box 1663 Santa Fe, New Mexico | Registered: December 20, 2008Reply With QuoteReport This Post
Member
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Sigmonkey I served also because it was the right thing to do, and was honestly very reluctant to apply for the small disability rating I do get.
But if I served 25+ years and earned a retirement, and developed health conditions during that 20 years shouldn’t I be suitably compensated for both?
 
Posts: 3793 | Location: Finally free in AZ! | Registered: February 14, 2003Reply With QuoteReport This Post
A Grateful American
Picture of sigmonkey
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Absolutely, no question.
Both of those things are rightfully earned.

I did not intend to sound like an ass.
(realizing, intent has nothing to do with it.)

My reply was more about the two faced society, that vets live in.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא עוד
 
Posts: 46416 | Location: Box 1663 Santa Fe, New Mexico | Registered: December 20, 2008Reply With QuoteReport This Post
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