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I am new to the site and recently retired from the USAF. Can anyone tell me if I am reading the VA Rating chart correctly. I recieved four ratings of 10% for a combined evaluation rating of 40%. If I am reading the chart correctly, that is a 30% total VA Disability rating. Does that mean I am eligable for 10 point Vet Pref? Can anyone tell me if my conclusions are right?
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TinCanMan,
Thanks for the help! I think I understand now. After re-reading the letter I actually have 5 conditions rated at 10% each. Bringing it to 41% on the chart, divisble by 10, which equates to 40% disabled. Correct? WOW! That is what will be dedecuted from my retirement and paid by the VA??? Thanks again for all your help! |
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In order to receive VA compensation you will have to waive whatever compensation the VA would give you, from your retirement. If you are less than 50% disabled you cannot have both comp and retirement at the same time. There is a Bill in the House H.R. 333 proposing to change that but it's been proposed now for several sessions w/o success.
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Okay, so if I understand this correctly and to benefit other readers, I will continue to get all my retirement from the AF unless I get over the 50% mark and waive that from my retirement check. If I did get over 50% and did the waiver, I would get a check from the AF and one from the VA non-taxable for the 40% amount of retirement? Bottomline...The only benefit the 40% gives me is entitlement to 10 point vet preference? Sorry but this process is confusing...
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I'm not quite sure what you said but...
If you are less than 50% and you want VA compensation, you must waive an amount equal to your compensation from your retired pay. So now what you get is VA comp and retired pay less VA comp amount. IOW, you don't get one penny extra. The difference is VA comp is not taxable and your retirement is. If you are 100% disabled and you want VA compensation, you must waive an amount equal to your compensation from your retired pay. ...but, you get an amount equal to the amount of money you waived from your retirement as CRDP and it, along with your retirement comes from DFAS. VA comp is not taxable and your retirement and CRDP is. If you are between 50% and 90% disabled and you want VA compensation, you must waive an amount equal to your compensation from your retired pay. ...but, you get an amount equal to the amount of money you waived from your retirement as CRDP and it, along with your retirement comes from DFAS. VA comp is not taxable and your retirement and CRDP is. However... for folks that are not 100% disabled there is a phase in period of 10 years. 2004 thru 2014. Each year you're entitled to a portion of comp as CRDP. There's a formula and the percentage changes every year. In 2014 CRDP ends and everyone that is 50-100% disabled will get all of their retirement and all of their VA comp without waiver. Clear as mud right? I don't know how to make it any easier without writing a dissertation. Now let me throw something else in the pot. Do you know about Combat related Special Compensation? CRSC It's another DOD program designed to replace the waived amount for the combat disabled. If any of your disabilities are related to combat or training for combat you might be eligible for that program. |
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Basically if you are less that 40% you are "screwed" on the Comp and Retirement incomes. The only ones whole are 50% or higher. HR333 is languishing and going nowhere. So 40% and below.... you are less of a Compensated Vet until Congress decides to take it to the floor for a vote and make them whole. It makes no sense to begin with. A Postal Worker works for the same boss and can collect retirement and Comp both. It sucks for sure.
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I didn't give that much consideration before and truth of the matter is I don't know for sure.
There doesn't seem to be any reason that anyone, DAV included, couldn't help a vet fill out the request for consideration to the appropriate military branch but as far as acting in his name, I don't think so. On the other hand, there isn't any reason that a veteran couldn't name some one/organization a power of attorney. I usually named my wife as POA every time I deployed. I think If I chose that route I'd want to be real careful and have a lawyer make out the POA. |
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