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Hey guys, recently discharged vet here. I got out on a MEB/PEB with disability severance pay on 26DEC. Just recently received my disability severance (around 14k after taxes) lumped with my last paycheck. Applied for unemployment benefits on 27DEC, been going to the office every week with their little slips of paper to turn in. Got a call today from Department of Labor asking me questions about my severance; if it was disability related, how much, when did I get it, etc. She noted that this might affect my eligiblity for unemployment, as in, I could receive unemployment AFTER a disqualifying period they determine (due to the severance pay, I guess). Does this mean I'm not going to get poo poo? I was hoping I would, as Georgia doesn't require full-time students to actively look for work. Since I have some wonderful memory problems from the Army, I've been using the extra time to do a lot more studying and figured it was working pretty well. However, if I'm about to get the dick in my butt again, I want to be able to adjust my budget accordingly and start trying to find some sort of work. State is Georgia, I was active Army for 4 years, discharged with disability severance 10%dod/60%va (proposed).
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Jan 15, 2013 18:07
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It was my understanding that once VA rates you for the same thing you were given from the DOD, that income (severence) will be considered non-taxable. I can't site specific examples, sorry. Anyone know the process to recoup severance part that was taxed?
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Jan 15, 2013 18:44
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Yeah, you are correct. The problem is waiting on the VA to finish my claim and actually OFFICIALLY rate me. Once you have that award letter, you can find a template to fill out and send to DFAS/IRS to request your taxed portion back. Although this brings up the question, if it then becomes available for you to recoup from the IRS as non-taxable income, does that change the unemployment eligibility?
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Jan 15, 2013 21:30
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Omegafrog posted:Although this brings up the question, if it then becomes available for you to recoup from the IRS as non-taxable income, does that change the unemployment eligibility? http://www.dol.state.ga.us/js/faq_js.htm#faq_06_14 So it looks like, maybe? Pretty ambiguous.
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Jan 15, 2013 21:45
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If you're getting any form of income it will count against your unemployment. It won't effect your eligibility per se, because that is determined by the people who administer the federal unemployment fund for servicemembers and as long as you separated honorably you qualify in most cases. But if you're getting disability or retirement payments every dollar of that will count against what you can draw from UI per month. I have no idea how a large lump sum would work to be honest, but I imagine it would count against your UI payments just the same. edit: And that isn't to say that you can't collect any money, it just counts against what you're allowed to collect. So let's say you can draw 900 dollars in UI payments over two weeks and you get paid 400 dollars for retirement, that still leaves you able to draw 500 dollars in UI. edit 2: And you can wait until after you get the payment you're waiting for to file for your UI, it doesn't have to be immediately after you separate. vacation in kabul fucked around with this message at 21:50 on Jan 15, 2013 |
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Jan 15, 2013 21:47
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piss boner posted:Sorry, didn't really answer that, and since I am also a GA resident and did a PEB/MEB, I looked it up for you. Haha, yeah, I ended up at that same thing today. It is really iffy, just a catch-all "We reserve the right to do whatever.". Whereabouts do you live in GA?
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Jan 15, 2013 21:51
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Omegafrog posted:Haha, yeah, I ended up at that same thing today. It is really iffy, just a catch-all "We reserve the right to do whatever.". I just read that link, ignore what I said about waiting to file. Looks like severance pay counts against what you can collect the same as any income.
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Jan 15, 2013 21:55
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Omega, I just talked to my VA guy and my wounded warrior rep-- the current backlog for proposed ratings to final ratings for the RI office is something like 86 days.. You being army, I'm 99% sure your stuff is going to WA and not RI, but I could be wrong. He told me the backlog in WA is, significantly longer than RI (and the few that are left at Baltimore, but Baltimore won't be doing this anymore once they're done with their backlog). The good news is that they literally said on the weekly conference call that barring an egregious case of fraud or severe error, they're not really reviewing the proposed ratings for anything more than possible upgrades and will not be downgrading ratings again, unless there is clear fraud / egregious error. Apparently there are a not exactly small number of Vietnam era veterans that are trying to get Agent Orange based C&P, but were never actually in country.. so that's what they're referencing with fraud/error. In short, your rating will almost 100% be unchanged or higher.. And you'll also get backpay, but unfortunately your severance money counts against that. So once you've passed enough time to have received C&P payments from the VA that equal your severence pay, your C&P payments will start to flow-- and as always these payments are tax free. Was your disability / injury combat related? On your seperation orders / your PEB findings there is a section that bassically says "Combat Related Yes/No" If it was combat related, it really behooves you to make a case with the Board of Corrections for Military Records (BCMR) to have your disability rating from the DoD upgraded to match your VA ratings-- at which point you'll be either placed on the TDRL or the PDRL, and you'll receive TRICARE and be eligibile for what is called CRSC- a special payment from the DoD that you're allowed to draw in addition to your VA C&P money. Actually now that I think about it-- even if your rated disabilities aren't combat related, it's worth the effort to get your DoD rating upgraded one way or the other. There are lawyers that specialize in working with the BCMR, the guys at pebforum are good resources for instance. But whatever you do, make sure you appear before the board in person-- the stats don't lie, you have an incredibly better chance at getting your case ruled favorably by actually showing up. Having a lawyer appear on your behalf is also just as good. And if you can't make it out to D.C. for one of the boards they conduct traveling boards you can try and link up with. You can and should look into VR&E or Post 9/11 right now however.. Those benefits are separate from C&P, and they're worth using. Guys like Vas can speak a little more intelligently on VR&E versus post 9/11.. but I want to say the general consensus is that if you qualify for VR&E, use that. I could be wrong though.
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Jan 15, 2013 23:35
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Omegafrog posted:Haha, yeah, I ended up at that same thing today. It is really iffy, just a catch-all "We reserve the right to do whatever.". PM sent.
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Jan 16, 2013 12:29
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Update on my unemployment case. Looks like I got denied! I got two letters from GA-DOL; one stating that I'm eligible based on an honorable discharge, the other disqualifying me for receiving a disability severance payment. Looks like I'm boned on unemployment. Doesn't really make sense, as the severance will be paid back to the government through my VA disability. Should I bother to appeal? Seems like they took a pretty cut-and-dry stance that if you get severance, you don't get unemployment.
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Jan 19, 2013 23:24
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Is it because you got a payment, or because you have too much money? I'm hosed because I actually put money into a Roth IRA and TSP.
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Jan 20, 2013 01:30
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From their wording, its because I got a big ol' payment. Don't think they actually look at how much money I have in my accounts.
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Jan 20, 2013 03:13
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Unemployment is funny like that. Since you got a 'severance' payment, the states look at it as you being compensated for your unemployment. As opposed to a layoff, where you lose your job due to business conditions and you get nothing on the way out the door. So if there was a way to get that payment recharacterized, you might be eligible for unemployment, but each state varies.
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Jan 21, 2013 15:53
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The reason why I filed for disability- fractured bones that needed surgical removal and ended up giving me nerve damage, netted me a 0% rating from the VA; according to them I show "no symptoms" and thus do not qualify for a rating (despite having sent them medical records from 3 different podiatrists stating all my symptoms). What do I do now?
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Jan 23, 2013 03:24
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Engage one of the Veteran's Service Organizations to assist in filing your appeal. Every Regional Office has one or more of these orgs with space in their building - (i.e., VFW, Military Order of the Purple Heart, American Legion, Paralyzed Veterans of America). Each state also as a Veterans Affairs Dept that acts as a Veterans Service Organization. This is worth mentioning mainly because these state organizations usually have a county office that may be easier for you to visit than if you needed to visit the Regional Office itself. Also, there are many recently accredited VSOs who don't have space in the ROs (yet). And, since crooks go where the money is, there are unfortunately groups that imply that they are accredited - but in reality, they are at best ambulance chasing law firms, and at worst will charge you money for which you get nothing. Accredited VSOs have been vetted by the VA Office of General Counsel, and they are given direct access to parts of the VA data. They also do not charge for any of their services. To check whether or not a person or organization is accredited, you should search the VA database @ http://www.va.gov/ogc/apps/accreditation/index.asp
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Jan 23, 2013 17:59
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Tight Booty Shorts posted:The reason why I filed for disability- fractured bones that needed surgical removal and ended up giving me nerve damage, netted me a 0% rating from the VA; according to them I show "no symptoms" and thus do not qualify for a rating (despite having sent them medical records from 3 different podiatrists stating all my symptoms). What was the injury? Metatarsal fracture? Hallux Valgus? The rating criteria will depend on the diagnosis and residual disability.
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Jan 24, 2013 01:14
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acute fracture of the sesamoidal bones on my right foot. They were surgically removed a year after diagnosis when I came back from deployment. I got out shortly after, and then was diagnosed with nerve damage.
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Jan 24, 2013 01:37
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I would have your podiatrist (civilian or VA) fill out this form and turn it in to your nearest VSO and have them write up a re-opened claim for a foot condition. http://www.vba.va.gov/pubs/forms/VBA-21-0960M-6-ARE.pdf
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Jan 24, 2013 02:16
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StabbyRipStabStab posted:I would have your podiatrist (civilian or VA) fill out this form and turn it in to your nearest VSO and have them write up a re-opened claim for a foot condition. http://www.vba.va.gov/pubs/forms/VBA-21-0960M-6-ARE.pdf Addititionally, ask very specifically to have the nerve damage in your foot evaluated. If at all possible, I would recommend having your doctor write out a letter detailing the symptoms of your nerve damage and specificlally identifying the nerve affected. Foot conditions are notoriously subjective in their evaluations and there is no clear answer as to how to go about getting a higher evaluation. Nerve conditions of the peripheral nerves are somewhat less so and if you are able to show a "mild" paralysis (such as any sensory effects) then that should be enough to get a compensable evaluation.
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Jan 24, 2013 19:50
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thank you! I'll try to contact VSO
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Jan 25, 2013 05:53
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If I'm an active drilling reservist and receiving a disability payment, aren't they supposed to withhold my disability payment? I've sent in the drill verification form every time they sent it to me, but never stopped receiving payment. Are they going to take it all back in one lump sum 5 years from now?
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Mar 25, 2013 18:43
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Does anyone have the link to the C&P exams guideline for doctors? I found this link, http://www.benefits.va.gov/COMPENSATION/dbq_ListByDBQFormName.asp?expandable=0&subexpandable=1 which is the forms for the examiner. But it's not what I've seen posted before.
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Mar 26, 2013 02:02
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Go back a page or two, I might have posted what you're looking for somewhere back there. Can't really tell from the phone though.
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Mar 26, 2013 15:40
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Examiners are the doctors. The DBQ are for the doctors to fill out during the C&P exams. If you are looking for what the raters use when determining the % based on the DBQ, the information is probably available - but I doubt it is as simple as putting the answers in a spreadsheet and calculating a final score.
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Mar 30, 2013 17:48
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Mhachtx, this may be what you're looking for. http://www.benefits.va.gov/warms/bookc.asp#f
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May 7, 2013 20:49
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I was discharged about 4 years ago, served 14 months as a nuke before my depression and anxiety got the better of me and I was administratively discharged (honorably). A year after that in hopes of seeing a therapist of some sort I applied for medical benefits but received no response and just sort of forgot about it. Fast forward through my downward spiral I'm now dealing with a fairly serious injury that has cost me my job and will require surgery that I have neither the insurance nor the money to cover. I have no idea where to even begin with the rest of my benefits like the GI bill but dealing with this is far more important right now. Is there any hope of getting medical coverage considering my short term of service?
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May 24, 2013 01:14
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Dumbfire Rocketman posted:I was discharged about 4 years ago, served 14 months as a nuke before my depression and anxiety got the better of me and I was administratively discharged (honorably). A year after that in hopes of seeing a therapist of some sort I applied for medical benefits but received no response and just sort of forgot about it. Fast forward through my downward spiral I'm now dealing with a fairly serious injury that has cost me my job and will require surgery that I have neither the insurance nor the money to cover. I have no idea where to even begin with the rest of my benefits like the GI bill but dealing with this is far more important right now. Is there any hope of getting medical coverage considering my short term of service? Probably not since it sounds like your injury wasn't service connected and you didn't have VA healthcare before.....Im no expert on the matter but I dont think theres a great chance always worth a shot though since you can apply http://www.va.gov/healthbenefits/apply/veterans.asp Since there are a number of other exceptions to the minimum duty requirements, VA encourages all Veterans to apply so that we may determine their enrollment eligibility. mokhtar belmokhtar fucked around with this message at 23:59 on May 26, 2013 |
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May 26, 2013 23:55
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Dumbfire Rocketman posted:I was discharged about 4 years ago, served 14 months as a nuke before my depression and anxiety got the better of me and I was administratively discharged (honorably). A year after that in hopes of seeing a therapist of some sort I applied for medical benefits but received no response and just sort of forgot about it. Fast forward through my downward spiral I'm now dealing with a fairly serious injury that has cost me my job and will require surgery that I have neither the insurance nor the money to cover. I have no idea where to even begin with the rest of my benefits like the GI bill but dealing with this is far more important right now. Is there any hope of getting medical coverage considering my short term of service? Yes, your length of service should not pose any problems to getting compensation or health care. Go now and file a claim for your depression and anxiety. http://www.benefits.va.gov/COMPENSATION As for health care, go and apply at your nearest VA medical center and get enrolled. Let them know that your claim for compensation is pending.
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May 27, 2013 17:35
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After 1 year of waiting, I was finally in the 'preparation for decision' part of my VA claim, and now it's back to gathering of evidence.  Can't wait for next year when I might get an answer.
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May 28, 2013 01:04
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I'm so sorry. I had to wait for 3 years to get a decision and the VA gave me no compensation for my actual injured leg, but approved the random and unrelated small conditions I filed. Now I have to refile and on average it's 3 more years I think. The VA sucks
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May 28, 2013 12:56
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Tight Booty Shorts posted:I'm so sorry. I had to wait for 3 years to get a decision and the VA gave me no compensation for my actual injured leg, but approved the random and unrelated small conditions I filed. Now I have to refile and on average it's 3 more years I think. The VA sucks I'm keeping hope that it is because they were prepared to say no, but I submitted more evidence when I got the "submit anything you have now, we're about to make a decision in the next 30 days" letter. It was pretty damning evidence from several VA doctors in my favor. Does anyone have any experience with submitting a claim for primary insomnia?
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May 29, 2013 17:46
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Good news! The VA sent me a letter overnight to my parents house and they are sending me for an evaluation to a private doctor here in town for this. They are contracting it out to help end the backlog. About drat time.
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May 31, 2013 14:54
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Private doctors seem much more likely(to me) to give a higher rating. Not seeing us disgusting rear end servicemembers and vets every day will have hopefully kept their "support the troops" mentality intact and they will go pretty easy on you.
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May 31, 2013 15:16
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blue squares posted:Private doctors seem much more likely(to me) to give a higher rating. Not seeing us disgusting rear end servicemembers and vets every day will have hopefully kept their "support the troops" mentality intact and they will go pretty easy on you. They might not know what exactly to write to hook you up if they don't do it often though
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May 31, 2013 21:44
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Since I can't delete my own reply, it was in the wrong thread. Sorry!
keylez fucked around with this message at 21:28 on Jun 27, 2013 |
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Jun 27, 2013 21:22
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I wanted to update regarding my disability claim with the VA for my contention, Asperger's disorder. On May 30th I had my C&P evaluation with a doctor who has a PHD in Psychology and he told me that I definitely do have Asperger's and that he was not sure how my claim with the VA was going to shake out. Right now I am in the preparation for decision phase and on Ebenefits it says this phase will be complete within the 7/26/13 - 10/20/13 time range.
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Aug 4, 2013 06:16
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It's been two years since I've been to a dentist or a doctor- probably closer to 10 since I've been to either as a civilian. IPAC mailed off my records to wherever it is they mail your records when you get out- do I need to track those down and have them mailed to me, or is that something they coordinate with a doctor's/dentist's office? I keep hearing from guys I served with who probably still qualify for their parent's insurance that there's free health care available for OEF/OIF vets for x number of years after separation, but isn't that for service-related stuff? I don't have health insurance, so it'd be nice to know what's available. dennis4167 posted:I wanted to update regarding my disability claim with the VA for my contention, Asperger's disorder. On May 30th I had my C&P evaluation with a doctor who has a PHD in Psychology and he told me that I definitely do have Asperger's and that he was not sure how my claim with the VA was going to shake out. Right now I am in the preparation for decision phase and on Ebenefits it says this phase will be complete within the 7/26/13 - 10/20/13 time range.
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Aug 4, 2013 07:39
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Victor Vermis posted:Doesn't a disability need to be service-related for the VA to bother with compensation? Yes.
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Aug 4, 2013 07:57
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Victor Vermis posted:I keep hearing from guys I served with who probably still qualify for their parent's insurance that there's free health care available for OEF/OIF vets for x number of years after separation, but isn't that for service-related stuff? I don't have health insurance, so it'd be nice to know what's available. All OIF/OEF vets get 5 years of health care for anything "possibly" related to their service, I don't have any experience with what that actually entails though. That healthcare doesn't include dental (unless you're within 180 days since separating), you're on your own for that. Here's a link that might help: http://www.va.gov/healthbenefits/apply/returning_servicemembers.asp
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Aug 4, 2013 17:20
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So I have a question that I'm not really sure about. I got out in 2007 and was rated 20%. 10% for migraines, 10% for Insomnia. Few years go by, and recently I was diagnosed with sleep apnea. How does / should this impact my rating? What should I do?
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Aug 6, 2013 20:38
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