Posted on Aug 16, 2023
When does the VA start paying disability, when you get out or when your IRR time ends?
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I am needing some help, I filed for claims 6 months ago, anyways I have had my exams and waiting on one more. I am out in a month and then doing IRR the rest of my two years. They are telling me they moved me from one program that will not have me start getting compensated like the day after. I filed for hardship/priority due to my seasonal job and the fact kids dad just up and left and is no longer helping with anything. and we don't have legal documents yet. Are they not going to start giving compensation until my IRR time is done? or will it be starting in October? This has been a mess ive tried getting clarification but they just keep reading their script which doesn't answer my question. If i get a VSO will my claims start completely over? I cant afford that to happen.
Posted in these groups: 
Veterans Affairs (VA)
Reserves
Veterans Affairs (VA) Reserves
Posted >1 y ago
Responses: 6
Your comment that "they moved me from one program that will not have me start getting compensated like the day after" doesn't make sense.
It's possible that either they or you misinterpreted the information, but if you're in the Army Reserve now (based on your profile), you will start drawing compensation pay as soon as it is approved (actually, roughly two weeks afterwards and then the beginning of each month). If you're on active duty (which is sounds like from your "I am out in a month" comment), then it will start the day after you leave active duty (again, assuming it is all processed and approved by then).
Title 38 U.S. Code § 5304 and Title 10 U.S. Code § 12316 prohibit you from being compensated from the Federal government twice for the same time period. If you're on active duty, this is pretty clear - you're ineligible to receive VA compensation from the time you start until the time you leave active duty.
If you're a drilling reservist, then you are not paid except when you're drilling (typically four drill period a month), during AT, or any other periods of active duty or IDT. In those cases, you would receive VA compensation for the 'days' you don't get compensated by DoD (or you forgo the compensation from the DoD and get the compensation from the VA if you're in one of those rare situations where a day of "VA compensation" is higher than a day of "DoD compensation")*.
As a member of the IRR (that isn't a regular drilling member), then you would only rarely have to give up any of the VA compensation. For example, IRR members go through an annual PHA still, may be required to attend a muster formation, etc., and would impact on getting full VA compensation for those months that they occur.
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* 38 USC 5304 - https://www.law.cornell.edu/uscode/text/38/5304
* 10 USC 12316 - https://www.law.cornell.edu/uscode/text/10/12316
* VA descriptions of pay recoupment - https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 79479/M21-1-Part-VI-Subpart-ii-Chapter-3-Section-A-Adjusting-Department-of-Veterans-Affairs-VA-Benefits-Based-on-a-Veterans-Receipt-of-Drill-Pay#2
It's possible that either they or you misinterpreted the information, but if you're in the Army Reserve now (based on your profile), you will start drawing compensation pay as soon as it is approved (actually, roughly two weeks afterwards and then the beginning of each month). If you're on active duty (which is sounds like from your "I am out in a month" comment), then it will start the day after you leave active duty (again, assuming it is all processed and approved by then).
Title 38 U.S. Code § 5304 and Title 10 U.S. Code § 12316 prohibit you from being compensated from the Federal government twice for the same time period. If you're on active duty, this is pretty clear - you're ineligible to receive VA compensation from the time you start until the time you leave active duty.
If you're a drilling reservist, then you are not paid except when you're drilling (typically four drill period a month), during AT, or any other periods of active duty or IDT. In those cases, you would receive VA compensation for the 'days' you don't get compensated by DoD (or you forgo the compensation from the DoD and get the compensation from the VA if you're in one of those rare situations where a day of "VA compensation" is higher than a day of "DoD compensation")*.
As a member of the IRR (that isn't a regular drilling member), then you would only rarely have to give up any of the VA compensation. For example, IRR members go through an annual PHA still, may be required to attend a muster formation, etc., and would impact on getting full VA compensation for those months that they occur.
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* 38 USC 5304 - https://www.law.cornell.edu/uscode/text/38/5304
* 10 USC 12316 - https://www.law.cornell.edu/uscode/text/10/12316
* VA descriptions of pay recoupment - https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 79479/M21-1-Part-VI-Subpart-ii-Chapter-3-Section-A-Adjusting-Department-of-Veterans-Affairs-VA-Benefits-Based-on-a-Veterans-Receipt-of-Drill-Pay#2
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COL Randall C.
SPC (Join to see) - I read a comment you made to CPT Lawrence Cable below. IF for some reason (again, assuming you are eligible for VA compensation based on your approved claim) they do not start compensation after you leave active duty, then it's because the system is still tracking you as ineligible to receive payments.
When you complete VA claims while on active duty, the date your projected to leave active duty is entered in the system as part of the process. If that doesn't happen, then just notify the VA of the change in your status.
When you complete VA claims while on active duty, the date your projected to leave active duty is entered in the system as part of the process. If that doesn't happen, then just notify the VA of the change in your status.
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COL Randall C.
SPC (Join to see) - Then it sounds like your "date eligible to receive payment" will be the day after you leave active duty, assuming your claims are approved.
If the VA hasn't completed processing them (or if your claim is denied but subsequently granted on appeal), then when it finally is finished, you'll receive a lump sum payment going back to that date.
If the VA hasn't completed processing them (or if your claim is denied but subsequently granted on appeal), then when it finally is finished, you'll receive a lump sum payment going back to that date.
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You won't draw anything while you are on Active Duty. Can't get Active Duty pay and VA Disability at the same time. The VA uses an outside agency, Veteran's Evaluation Services (VES) to determine your eligibility. You won't get anything until they have reviewed everything and made a decision and give you a disability rating. Once they make a decision, you will be back paid to the first day you were eligible. If you weren't on Active Duty, it would be back to the day you filed. Then you get paid at the first of each month.
The PACT act has things backup a bit on the VES side of things.
You IRR time does not effect your compensation. You can join the Guard or Reserve and still collect a VA disability, you just can't get paid for both for the same day.
The PACT act has things backup a bit on the VES side of things.
You IRR time does not effect your compensation. You can join the Guard or Reserve and still collect a VA disability, you just can't get paid for both for the same day.
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SPC (Join to see)
Yeah i told them that my irr time starts after September 22 and that I am not drilling at all they keep acting like I am and I told them numerous times i absolutely wont be. Ive had VES exams and such and now waiting on Optum Serve. Ive been hung up idk how many times from the VA
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CPT Lawrence Cable
SPC (Join to see) - You probably won't find anyone that can tell you when you will get paid if you haven't received a rating yet. The normal course of action is that they give you your rating, notify you, then back pay you to your first eligible day, then at the first of each month. But you have to get rated first and that isn't a very fast process. My first rating took about 90 days and I already had a H-3 rating on my last physical and a DA hearing waiver.
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I have no idea about "what program" you are on. The VA system isn't that complicated. You are either active duty or in an active status or you are a veteran in their eyes. Once you leave active service and go into the IRR you will be eligible to receive benefits. For example, I was med boarded and my exams were done before I was medically retired. I had my findings and percentages done and paperwork in hand months before I got out. Once I was no longer on AD I turned in my package for processing and after a month I was getting my compensation payments. You won't be getting compensation on day one because they can't accept your package until you are a veteran. But you are on the right track getting everything documented and processed.
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SPC (Join to see)
yeah its a legit program the VA has now its between a standard claim and a claim where you start getting the payment day after, It starts with a B (sorry brain is on overdrive)
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