When does the VA start paying disability, when you get out or when your IRR time ends?

SPC Private RallyPoint Member — Wed, 16 Aug 2023 10:14:59 -0400

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.

Response by CPT Lawrence Cable made Aug 16 at 2023 11:10 AM

CPT Lawrence Cable — Wed, 16 Aug 2023 11:10:47 -0400

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.

Response by MAJ Ronnie Reams made Aug 16 at 2023 2:01 PM

MAJ Ronnie Reams — Wed, 16 Aug 2023 14:01:20 -0400

Not sure how it works if you are not retired. For us, it works this way, DFAS deducts the amount of VA Disability from retainer pay, which is taxed. Then they take that amount and call it CRSC, which is not taxed, and send that on first of month with retainer pay.

Response by COL Randall C. made Aug 16 at 2023 2:29 PM

COL Randall C. — Wed, 16 Aug 2023 14:29:24 -0400

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.
------------------------------------------
* 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

38 U.S. Code § 5304 - Prohibition against duplication of benefits

Response by SSgt Christophe Murphy made Aug 17 at 2023 12:02 PM

SSgt Christophe Murphy — Thu, 17 Aug 2023 12:02:04 -0400

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.

Response by SP5 Nathan Jackson made Aug 23 at 2023 9:16 AM

SP5 Nathan Jackson — Wed, 23 Aug 2023 09:16:00 -0400

Never unless you sneak across the border into America, then it’s immediately

Response by SFC Michael Cook made Aug 24 at 2023 4:39 PM

SFC Michael Cook — Thu, 24 Aug 2023 16:39:35 -0400

Contact your local VSO!

Yes a VSO can help you file a claim. But they can also check the status of your claim, or simply answer questions for you. Bottom line is that these VSO's live and breath this VA stuff, it's what they do, and if they can not answer the question for you they definitely know the person who CAN answer it! And so that I'm perfectly clear; it will not restart your claim unless you ask them to help you re-file (and maybe not even then).