Help with Retirement pay and Disability Pay

2014-10-19T09:50:00-04:00

I recently received my VA disability Rating on the paper it said that i could have my retirement pay or my disability but not both. When i went to the DAV that helped me with my paperwork they toild me that if you over 50 % that you get both. I can't find this on the web anywhere can someone help me find it

Response by PO3 Shaun Taylor made Oct 19 at 2014 10:11 AM

2014-10-19T10:11:21-04:00

CPO Michael Whaley I hope this helps. http://www.military.com/benefits/military-pay/waiver-of-retired-pay.html

Waiver of Retired Pay

Under certain circumstances a military retiree may choose to waive part or all of their military retirement pay. A waiver is the relinquishment of all or a portion of one benefit to qualify for another benefit.

Response by SFC Mark Merino made Oct 19 at 2014 3:48 PM

2014-10-19T15:48:36-04:00

You will draw pay from one source, not both. The issue is how much is taxable and how much isn't, that is the only difference. I am 100% disabled and drew 80% disability from the Army. You DO NOT get both. You get the higher amount. You have to be EXTREMELY careful with the way that you phrase questions with these service officers. The military does a lousy job explaining it as well. My ex thought I was nuts because I kept coming home with different information and she started to go to briefings with me. Very quickly, she realized that 10 people could brief the same issue 10 different ways and it was very confusing. Yes I get "paid" both amounts. That is a fact. HOWEVER, You only get the higher amount. 100% disability pays more than 80% so I get my pay tax free from the VA because it was all sevice connected. That is MY situation. There are so many variables that some people refuse to even ballpark your retirement/disability pay for you. I assure you that you will only draw retirement/disability pay from the higher source. I have been down this road from active duty, to temp disability, to changing disability percentages with the VA, to changing TDRL (Temporary Disability Retirement List) percentages, etc. Contact me any time and I will help in any way possible.

Response by SFC William Swartz Jr made Oct 19 at 2014 9:07 PM

2014-10-19T21:07:20-04:00

If you retire after serving 20 years and you are rated 50% or over for compensation by the VA as being service connected you will draw both a full retirement check and a separate check from the VA on top of that. Any rating below 50%, your retirement check will have that percentage tax free. I will use me as an example: I retired last October 1st after 26 years, at the time I was rated at 10% by the VA for bad knees while the awaited better documentation for my sleep apnea. So from October until my claim was verified and approved in August, 10% of my retirement check was tax free. When my sleep apnea claim was approved, I was adjusted to 60% so now I receive my full retirement check from the Army, which is fully taxed, and I also receive a separate check from the VA for 60% of my retirement, all which is tax free. Hope this and the other posts help.

Response by PFC John Behrman made Mar 7 at 2023 4:30 PM

2023-03-07T16:30:48-05:00

So according to 38 CFR if you are 50% or greater with the VA, and receiving retirement benefits. You will get both checks. Anything less the 50% and they pull that amount from your retirement and give it to you.