Posted on Feb 6, 2025
VA disability pay vs TDY Pay, which one do we pay back to the VA once 112 days of training is complete?
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After a long conversation with VA debt management and compensation, seems like I couldn’t get a concrete answer from two different representatives other than “we don’t know which one you would have to pay back until training is complete and they send you a letter” or “If you continue receiving your VA benefits, to receive TDY more than 30 days (active duty pay) you will owe the VA back your entitlement compensation for those 112 days” but both representatives didn’t sound too sure about their response and it was more like assuming that’s how it should go which left me wondering the accuracy of both statements since they seem contradicting. So if someone that is currently receiving let’s say 100% and also went TDY for 112 days, (active duty pay) which one did you end up paying back at the end?
I’m tracking active duty pay plus BAH is more per day than your regular VA daily rate at 100%. Any input is welcome and highly appreciated.
I’m tracking active duty pay plus BAH is more per day than your regular VA daily rate at 100%. Any input is welcome and highly appreciated.
Posted in these groups: 
TDY
VA Claim
Veteran Benefits AdvisorDisabled American Veterans, Dept of Florida
Reclass
TDY VA Claim Veteran Benefits AdvisorDisabled American Veterans, Dept of Florida Reclass
Posted 2 mo ago
Responses: 3
Not sure why they weren't able to answer you as it is pretty straightforward. If you are brought back onto active duty, your VA compensation payments are suspended during the period of service (they stop the day before you return to active duty and restart the day after you leave). If you didn't notify the VA prior, then they will recoup any payments made during the period of service.
Even if they didn't know the answer off-hand, the customer support personnel know to use the M21-1 Adjudication Procedures Manual from the VA to look up the situation. Specific to receiving C&P payments and returning to active duty is covered under Part X, Subpart v, Chapter 2, Section B*
The confusion MIGHT be coming from how the VA handles drilling reservists who receive C&P payments as they do have a choice of which one they want to waive.
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* M21-1 Manual (Award Adjustments Necessitated by a Veteran's Return to and Discharge From Active Duty) - 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] 78003/M21-1-Part-X-Subpart-v-Chapter-2-Section-B-Award-Adjustments-Necessitated-by-a-Veterans-Return-to-and-Discharge-From-Active-Duty
Even if they didn't know the answer off-hand, the customer support personnel know to use the M21-1 Adjudication Procedures Manual from the VA to look up the situation. Specific to receiving C&P payments and returning to active duty is covered under Part X, Subpart v, Chapter 2, Section B*
The confusion MIGHT be coming from how the VA handles drilling reservists who receive C&P payments as they do have a choice of which one they want to waive.
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* M21-1 Manual (Award Adjustments Necessitated by a Veteran's Return to and Discharge From Active Duty) - 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] 78003/M21-1-Part-X-Subpart-v-Chapter-2-Section-B-Award-Adjustments-Necessitated-by-a-Veterans-Return-to-and-Discharge-From-Active-Duty
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CPT Lawrence Cable
I had several Guard members that received VA disability payments. Some just let it ride and planned for the fact that VA would deduct the amount equal to the Guard pay from their check at the first of the next year. It worked for them.
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COL Randall C.
CPT Lawrence Cable - It won't be the amount equal to the guard pay, but you are correct that they'll catch it. They'll be sent a notice/form on which they will elect which payment they will waive so it's likely it won't be the exact amount (i.e., either VA or drill, not 'VA-drill').
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CPT Lawrence Cable
COL Randall C. - Yes, they will deduct one day of VA Payments for every day you get Active Duty or Drill Pay. My understanding is that they deduct one day of VA pay for every Unit Training Assembly.
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COL Randall C.
CPT Lawrence Cable - Correct. The adjustment is based on the number of days that the reservist is paid for, not the actual number of days that they performed duty (i.e., a typical MUTA-4 is four days of pay conducted over two actual days).
Most chose to waive the VA payments as that daily pay is generally more than the VA payments (you'd need a high rating with multiple dependents and/or be a junior service member for the math to flip the other way).
Most chose to waive the VA payments as that daily pay is generally more than the VA payments (you'd need a high rating with multiple dependents and/or be a junior service member for the math to flip the other way).
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I'd ASSUME Neither.
#1.. I'd THINK You'd Receive Disability Pay Until You're NO LONGER Disabled,
#2....When You're TDY, You're Still On The Job And Paid Accordingly
Perhaps You May Wish To Contact ~ Benefits .Com ~ And They MAY Be Able To Answer Your Questions
#1.. I'd THINK You'd Receive Disability Pay Until You're NO LONGER Disabled,
#2....When You're TDY, You're Still On The Job And Paid Accordingly
Perhaps You May Wish To Contact ~ Benefits .Com ~ And They MAY Be Able To Answer Your Questions
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COL Randall C.
Rick, federal law prohibits dual compensation in general.
In this specific situation, 38 U.S.C. § 5304(c)* provides that VA disability compensation or pension shall not be paid to an individual for any period they receive active service pay.
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* 38 U.S. Code § 5304 (Prohibition against duplication of benefits) - https://www.law.cornell.edu/uscode/text/38/5304
In this specific situation, 38 U.S.C. § 5304(c)* provides that VA disability compensation or pension shall not be paid to an individual for any period they receive active service pay.
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* 38 U.S. Code § 5304 (Prohibition against duplication of benefits) - https://www.law.cornell.edu/uscode/text/38/5304
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A1C Medrick "Rick" DeVaney
COL Randall C. -
Then I Must Have Misunderstood,
I Was Thinking Them To Be 2 Separate Events,
Not Running In Unity.
When Disabled ~ Paid Disability
And When On TDY ~ Usual Pay
But I Agree, One Can Not Draw From Both At The Same Time.
I'd Previously Sold Insurance So I Should Have Understood The Question.
Then I Must Have Misunderstood,
I Was Thinking Them To Be 2 Separate Events,
Not Running In Unity.
When Disabled ~ Paid Disability
And When On TDY ~ Usual Pay
But I Agree, One Can Not Draw From Both At The Same Time.
I'd Previously Sold Insurance So I Should Have Understood The Question.
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If Lawyers Are Required And IF You Have A Rating, No Matter The Level ~ The Law Firm Of
~ Woods & Woods Specialize In VA Disability Claims & Work On A Percentage Basis ~~~ Woods and Woods, LLC, P.O. Box 1287, Evansville, IN 47706, United States ~
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~ Woods & Woods Specialize In VA Disability Claims & Work On A Percentage Basis ~~~ Woods and Woods, LLC, P.O. Box 1287, Evansville, IN 47706, United States ~
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