Wray,
October 1, 1998. I have been carrying a 60% disability rating for osteoarthritis in both hips and both knees. In June I had total left hip joint replacement surgery and in October had the same for my right hip. The VA is working on rating this change in my status, so I don't know what effect the surgery had on my disability rating.
Casey

I have just joined the ranks of Concurrent Receipt in the VA and CG system and have discovered the cluster that is our retired pay system in connection with the Concurrent Receipt of VA compensation. WTF!!!!! Does the CG even talk with DAFS or the VA? My guess is the CG can’t afford this and is putting it off as long as they can. Assuming all of you have been dealing with these people I can't understand why they are so reluctant to do the right thing. I have a feeling if more write their congressmen we may get a little more cooperation from the retired pay Tech's or the CG. I intend to write my congressman to complain about the service or lack there of with respect to this. On a positive note the CG is keeping its members informed about their benefits at least in San Diego. The TAPS program is outstanding but then again we use the Navy, Marine Corps program there so I can’t speak for the rest of the CG. Good luck to all.

Cajun,

First,congratulations on your retirement. My question to you is, has the VA rated you with a service-connected disability of 50% or higher? If not then it appears you are out of luck when it comes to concurrent receipt.

Let's look again at what the law says(emphasis added):

quote:

Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. PHASE-IN OF FULL CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES.

(a) CONCURRENT RECEIPT- Section 1414 of title 10, United States Code, is amended to read as follows:

`Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans' disability compensation

`(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION-

`(1) IN GENERAL- Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans' disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a `qualified retiree') is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c).

`(2) QUALIFYING SERVICE-CONNECTED DISABILITY- In this section, the term `qualifying service-connected disability' means a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.

NDAA FY 04

You may wonder how "veteran's disability compensation" is defined. From the same link: "The term `veterans' disability compensation' has the meaning given the term `compensation' in section 101(13) of title 38."

quote:

(13) The term ''compensation'' means a monthly payment made by
the Secretary to a veteran because of service-connected disability,
or to a surviving spouse, child, or parent of a veteran because of
the service-connected death of the veteran occurring before January
1, 1957.

38 USC 101(13)

I am sure someone will correct me if I am wrong, but it seems pretty cut-and-dry to me. If you are retired from the service, and your service-connected disability has been rated at 50% or higher by the VA, federal law requires that you be paid both regular retirement and veteran's disability compensation.

But it might take some time. In fairness, the military services and VA are still trying to get caught up on people that were entitled to back pay since 2004 (see the link I posted at the start of this thread). Also keep in mind that this whole process is incredibly complicated as people's disability status changes.

-Matt

This message has been edited. Last edited by: 92guru,

I am 70% rated thanks to a lot of X-Rays. The CG Pay Tech's are just not very informative and reluctant to answer any questions. Just not very helpful people in general. The individual I spoke with said "we will not start paying you until we receive your letter from the VA and then only from the day we receive the letter not to the day you were rated." So the way I understand it is if a pay tech sits on the letter and waits to process it I will only get paid from the day they decide to do their job. Another Tech I spoke with said it was my responsibility to let them know when my rating was complete to keep from getting overpaid but she would not do anything until she got the letter from the VA not me. She would not tell me how much I should receive or anything else for that matter. Again not very helpful but very ready to tell me my responsibility in this matter. Sound Familiar?

quote:

But it might take some time. In fairness, the military services and VA are still trying to get caught up on people that were entitled to back pay since 2004 (see the link I posted at the start of this thread). Also keep in mind that this whole process is incredibly complicated as people's disability status changes.

Two points come to mind. 1. The Coast Guard's official stance is that they only owe back pay to persons rated 100% disabled. So they are not working on the issue. 2. Is it a smart move to keep adding people to the end of the list of people owed back pay, while processing the older cases? Or would it be better to clear a simple case like Cajun_MK who is only owed for a few months. Oh that's right only DOD persons get the back pay if under 100% disabled. The complicated process is BS, if I can find my RAS from 2004, I could tell them exactly how much they owe me (if I was DOD not Coast Guard). How many people in the Coast Guard do you think fall into the catagory of getting a VA rating of more than 50% since Jan 2004 or Jun 2003 for CRSC.

quote:

How many people in the Coast Guard do you think fall into the catagory of getting a VA rating of more than 50% since Jan 2004 or Jun 2003 for CRSC.

I know of one for sure....

Wray..

Based on the information EMC gave me I was not only able to figure out what I should be receiving but also what I am back due (which as of right now the CG has no intention of paying me.) Now what is amazing is it only took me about 2 Min. Now if I as a retired MKC can figure this out why can't the pay Techs and the CG figure this out as well? I don't think I missed anything so WTF!!! I am just amazed by the lack of cooperation, competency and knowledge by the CG pay Techs and the CG Retired pay system in combination with Concurrent Receipt. High expectations on my part I guess.

Wray,

I know of 3 of us on this page of the discussion. I also could come up with a dozen or so total from all my contacts. I doubt the number is more that a few hundred Coast Guard wide.

I'm not sure how to figure the "back" pay, since I have been getting partial.... I guess I will wait until the CG pays it out... I don't think they get to choose on this one....

Anyone talked to the supervisor at the pay center recently????

Wray...

Good morning Ray,
Do you mean your pay tech's supervisor or some one further up the chain.I have spoken with the folks in Arlington and Topeka with little result.I'm at 60% SC and 40% CRSC.Thanks for any info.
Micchael

I had been rated 60% diabled by the VA for osteoarthritis in both knees and hips. On June 6, 2006, I had total left hip joint replacement surgery, and, on October 3, 2006, the same surgery on my right hip. On December 28, 2006, the VA raised my rating to 100%, retroactive to July 1, 2006, and they paid me a lump sum payment retroactive to that date. A week ago I sent an e-mail to the retired pay section at Topeka asking what the effect of this retroactive rating would be on my retired pay. I haven't received any response to that e-mail, not even a "we'll get back to you later on that." I hate to do it, but I guess I'll need to correspond with my Congressman. He's been very active in supporting veterans, so I'm hoping he can bring a little pressure to bear so that I can get some kind of official answer from the Coast Guard. Kudos too to the Philadelphia VA regional office. They've been very efficient in all of my dealings with them.

Some great posts here.

I just retired from the CG. My interactions with
PSC Topeka (RAS) have been so-so. If this is a
harbinger of things to come, I'm going to do some
writing to Congressmen and women of my own. Another
avenue for resolution (I think ???) of retirees' problems
dealing with PSC can be through the Coast Guard Retiree
Council's hot line at CGHQ.

* The phone numbers are 1-866-664-6245 (toll free)
or 1-202-475-5381.
* The e-mail address is NRHD@USCG.mil.

I wonder if retirees' records are maintained in
Direct Access and do we have access to Direct Access
after we retire. I think a lot of retiree's questions
regarding their retirement pay and other matters
could be answered by providing retirees access to
Direct Access.

v/r Mark Lewack

Pa_Retiree,

Is your 100% rating a permanent one or is it temporary due to recovery from surgery?

I've found that leaving voice messages or e-mails to PSC is like asking the dog to give them a message. Actually the dog at least attempts to pay attention while you are talking. If you want their answer to your question you have to keep calling until one of them accidently answers the phone. There are a couple of exceptions, but I'm sure once the PSC finds out they are answering calls and even returning them, they will revoke their phone privileges.

PS:

The message that PSC sends by not answering the phone or by giving an excuse why they cannot help you is that you're not important to them now that you are retired. Kinda like the message some of us send to our parents when we leave the nest or refuse to communicate/visit with them now that we have our own families and children to take care of.

When I spoke with PSC last week to get an updated approximation of my retired pay (I recently retired), they referred me to my pay technician who stated that she just got back from being sick. Couldn't someone else help me? I did follow their instructions and submitted all of the necessary paperwork at least 45 days before my retirement date. Other than system downtime, another Katrina-like disaster, and Privacy Act issues, there is no valid excuse why that information could not have been already in the system and accessible to me or someone else. Or am I being naive here?

There is no reason why they couldn't provide a useful response to the concurrent receipt issues. Even if they don't know the answers, they should refer you to someone who does or to a useful website for your answer. This is what we used to refer to as good customer service.

- v/r Mark Lewack

Few monopolies really care about customer service in the first place.

That being said, ive had nothing but positive experiences dealing with PSC..whether by phone or fax. I was affected by the orig establishment of concurrent receipt disability pay (80%) and my pay was transitioned smoothly.

In 2004 when the pay began you actually only got a small portion of your withheld CG pay restored to your account with 100% actually happening 10-12 years into the future. In my own circumstance, i can tell you that i actually received only about $100 a month more at the beginning than i did under the old system before CRDP.

Since 2004, there has been a lot of talk about changes to the CRDP from lowering the qualifying disability rating to speeding up payment. Unfortunately i havent kept track of what changes have actually taken place. I am fairly certain they have eliminated the 10 year phase in period for only those rated at 100%, so if you have this rating id certainly check to see when this change took (or takes) effect and see if your CG pay was increased accordingly.

Its too bad that i seem to be in the minority having received excellent service to various pay issues over the years. I am not looking forward to future interaction with PSC. While i think the PSC technicians are often unfairly blamed for lack of CG policy on pay issues that the technicians clearly cant establish, there is no excuse for unanswered or unreturned phone calls.

Casey, if i were you id turn up the heat on the CG pay system. Based on what you have provided and that 100% ratings probably no longer have a waiting period, i think the CG might owe you another 10 grand or so. Why dont you hire a good lawyer!!

Wray, unfortunately, you seem to be in the same boat (no pun intended) that i am. If im due anything it cant amount to more than a couple hundred bucks. Of course ill be happy to take it but not losing sleep over it until it happens either.

Us retirees sure have one hell of a poor union!! Bill

Casey, come to think of it, since the CG never took the offset for the 10K or so VA payment, you probably are somewhat overpaid ( the small offset the CG did pay you over the period based on a 60% rating). Better get yourself an even better lawyer!!!!!!!!!! Bill

Bill,
Sounds like I need to keep my mouth shut, more than I need a good lawyer!
Casey

Well got the final answer from my pay tech today. She said that since the VA did not pay me for the months prior to the day I received my rating letter they were not going to give me any more money. After much interesting conversations and a sanitized Fax with the Retired Pay Center and the VA I think I have an understanding of how this whole system works. If the VA does not pay you and you receive your full CG retirement then their position is they owe you nothing. If the VA pays you then they owe you your difference between your retirement in addition to the current percentage of your concurrent receipt. The CG is not going to go to the VA to collect the money that they withheld from you because you received full retirement pay for that month. However this backpay system is supposed to work I would assume the VA would have to pay the CG all the money that is equal to the backpay then they would distribute it to you accordingly. The VA is not administering this system and perhaps that is whole problem or perhaps they should be communicating a little more efficiently. It would appear to me they don’t want to work together regarding this whole mess. By my understanding it is who is really going to pay and who is going to moderate the whole backpay system. I think I will just make this simple and talk to my Congressman and let them moderate between the CG and the VA.

Cajun_MK,

Remember when you do your taxes that the 1099R from the Coast Guard is not correct. Some of the money listed on it is not taxable due to your VA rating.

As far as the back pay system goes it was my understanding that the Military branch was supposed to figure out how much was owed. They were to pay the member or notify the VA of the correct amount if the money was owed from the VA.

Larry, doesn't the CG deduct your concurrent receipt from your retirement, on the 1099R?

I never did the math, but that was my understanding.... Guess I better check....

Seems odd that they wouldn't... after all, they should know taxable from non-taxable...

Wray...