I was under the impression that if you received Va disability & were in the guard or reserve you could still receive your VA benefit so long as your training/active days did not exceed a certain consecutive amount like 21 day period? I hoped someone might be aware of the VA regulation in regard to this or resource which gives the accurate information. I thought I had seen something online which state you could receive your Va & drill pay?
You can not receive both in any month,
Hope fully this answers your question on drill pay.
§ 12316. Payment of certain Reserves while on duty(a) Except as provided by subsection (b), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who performs duty for which he is entitled to compensation, may elect to receive for that duty either- (1) the payments to which he is entitled because of his earlier military service; or (2) if he specifically waives those payments, the pay and allowances authorized by law for the duty that he is performing. (b) Unless the payments because of his earlier military service are greater than the compensation prescribed by subsection (a)(2), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who upon being ordered to active duty for a period of more than 30 days in time of war or national emergency is found physically qualified to perform that duty, ceases to be entitled to the payments because of his earlier military service until the period of active duty ends. While on that active duty, he is entitled to the compensation prescribed by subsection (a)(2). Other rights and benefits of the member or his dependents are unaffected by this subsection.
Now let's say you are at 10%....The ammount for your drill pay probably would be more than your disability..so take the drill pay!
The bottom line is this: If you intend to Retire from the reserves, you could waive your pay, take the points and after 20 years Retire.
Sorry,No Double Dipping!
Same boat, sort of....
Disability rating: 90%.
Drill pay will be for a Navy O3, 12 years AD, trying to go the rest Selected Reserves.
Does it matter which one I waive (drill pay vs. VA comp)?
Per the VA itself
Selected Reserve and National Guard - By law, if you are an active member of the Selected Reserve or National Guard, your VA compensation will be withheld at the rate of one day of
pay for each drill period served. In addition, VA compensation is not payable while serving fulltime on active duty.
So if you are on drill for 4 days pay your monthly disability is reduced by 4 days based on a 30 day month. If you go on AT (active duty) for 15 days you only get 50% of your VA disability that month. That is what is ment by 12316 - you can not draw pay and compensation for the same day. Drill pay is not for the whole month it is for a specificy period of "days". Ie. if you get called up
Thank you for clarifying my statement! I passed out the right info,but misread and understood how it worked. I had a few soldiers in the same boat, and after talking to them, I gave them the wrong info! Thank you so much for correcting my post!!!
My question is how does the VA know my days served in a month? Am I going to need to submit my paystub every month or are they tied into the system and its taken care of by itself?
I am in Air Force Reserves and am in the middle of putting together my claim paperwork, wondering incase I get 10+%.
The VA will notify DoD that are recieving Disability or you can let the VA know your drill/AD time using VA form 21-8951-2. You are also suppose to let your unit know so they can notify the VA. Eventually it will catch up to you so it is better to be up front or you will get hit with no pay due for a while.
38 U.S.C 5304(c) You can not double dip. You can not get payed disability while on your drill weekend or active duty time. You do recive benefits between drills.
I believe there is something that is not aligned with the stars. While I understand the law in regards to drill pay and VA SCD it seems fundementally wrong that a person who is recieving disabilty for a service connected problem also is allowed to drill or go on active duty.
You can not receive VA Compensation on Active Duty. The VA rules for disability and the military branch rules for for fit for duty are not the same. In the reserves, you can not collect VA comp for drill or ADT days.
And they will not allow you to serve if your disability is above a level. Also, these days, with a few exceptions, a disability will prevent reenlisting after separation.
So can't I just elect to not receive military pay for drill days? It is an option on VA Form 21-8951-2. Being that my rating will be high enough to be more than that of drill pay, if this is an option then I would drill for free??? I'm hoping to go SELRES for the retirement and the insurance benefits...not the $300(or so)/month.
You loose 4/30th of you VA for every weekend of drill and 1/2 for the 2 weeks. You can not waive reserve pay. If you had a 50% rating with a spouse at $845, your loss would be $113 per month. At 80%, it would be $206. At 80%, you probably should not be in the reserves.
Thanks for the reply, however I am not convinced because on the VA form I stated earlier there is an election that states:
"I elect to waive military pay and allowances for the days indicated on the front of this form in order to retain my
VA compensation or pension. NOTE: Checking this option will give most veterans LESS money"
To me that says that I can elect to not receive military pay.
I will be calling the VA tomorrow to get more information. If I get good info I will post it here for all to read. My claim is still pending at the rating board and it should be at or around 60% any day now. I completed my retention physical and as per Coast Guard medical I am eligible to enlist in SELRES. the rating percentage does not matter. again thats the CG though, VA rep told me each service is different.
Again,thanks for the reply.
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