The Pension Series (Part 16): VA Disability

Friendship Is Rare

Does anyone have a friend that dates back to first grade? I don’t mean an acquaintance either. I mean someone that’s been there almost your entire life through thick and thin. Someone who is more like a brother or a sister than a friend. I’m happy to report that I got one. I’m also happy to report that he decided to write an article for my blog!

Now, I believe it’s good etiquette that people who host blogs introduce anyone who writes a guest post. In fact, that’s what Darrow Kirkpatrick did for me when I wrote Part 8 of the Pension Series for his blog. However, in this case, my friend interwove his story into the blog post. So instead of a long-winded introduction, I’ll simply say:

Here’s a great post on the tax benefits of VA disability from a best friend of mine that I’ve known since 1982!

VA Disability

We’ve known each other, and served together, a long time!

FOGM, In His Own Words …

As a good Friend of Grumpus Maximus (FOGM) and an avid reader of his blog, I recently suggested he write a post about the additional benefits earned and granted by the Department of Veterans Affairs (VA) through Disability. He agreed, but since he’s such a swell guy (read: master manipulator), he suggested I write the post based on my recent and extensive knowledge on the subject. Fooled by his flattery, I took him up on the offer. Here it goes…

First, here’s a little bit about me. I recently retired as a Naval Officer with twenty years of service. I “punched out” to live the life of a retiree. The retirement process forced me to figure out what to do with the rest of my life. I was pretty lucky growing up since my father was on the benefits committee for his company. He (thankfully) showed me the value of saving early and the power of compounding interest. These lessons set me up at an early age for retirement. That said, I don’t have a background in finance or financial planning. I also made some of the same mistakes Grumpus did, so take that as fair warning.

VA Disability

I found FOGM’s enlistment picture!

The VA Disability Process

Before I discuss what benefits are available from the VA, I want to provide some information on the process. All of the info can be found on VA.gov, and I encourage you to conduct your own research. First off, when you retire and submit a claim for compensation from the VA, there are numerous forms to gather and fill out. This includes medical records, marriage certificates, birth certificates, etc. All of them play a role in the final determination of your claim and possible compensation. As a result, I suggest using a Veterans Service Organization (VSO) to help with the process.

VA Disability

Find someone like this to help you.

Veterans of Foreign Wars (VFW) and Disabled American Veterans (DAV) are two that you will hear about during your transition classes, but I suggest you shop around to see who can help, and who has the best reputation in your area. Once you file the claim, you can upload as much or as little documentation to support your claim as you want on the VA’s web portal called “eBenefits“. You can also use eBenefits to track your claim. Once adjudicated, you can even use eBenefits to view the final determination, and the disability decision documentation. Speaking of the final determination, that is where I want to start the discussion on the power of disability compensation.

What is VA Disability?

So, what is disability compensation? According to the VA: “Disability compensation is a monthly tax-free benefit paid to Veterans who are at least 10% disabled because of injuries or diseases that were incurred in or aggravated during active duty, active duty for training, or inactive duty training.”. What that means to you, is if the VA determines you have a disability greater than 10%, you get a tax-free check from the VA. This is in addition to your retirement check from the Defense Finance and Accounting Service (DFAS). The payment from the VA comes in two flavors based on your disability rating, 10%-40% (VA rounds to whole percentages divisible by 10) and above 50%. Let’s take a look at each.

VA Disability

This was the recruiting campaign at the time that FOGM joined.

A Below 50% VA Rating

First, I’ll examine the tax implications of a VA Disability rating below 50%. If the VA rates you between 10% and 40%, they send you a monthly check that offsets your monthly military pension. Here is an example:

Let’s say your monthly retirement check from the government is $3000, the VA rated you at 30% disabled, and that you are single with no dependents. Using the most recent tables, found here, you are eligible for a payment from the VA of $417.15 a month. This payment is tax-free and subtracted from your retirement pay, so you will receive $2582.85 from DFAS and 417.15 from the VA. In aggregate, you still receive $3000 a month in income. However, you only pay federal taxes on $2582.15. In essence, you only pay Federal taxes on 70% of your retirement pay.

By the way, I’m not going to get into state taxes, as there are too many differences. I would encourage you though to research the rules for your intended state of residence in retirement. Alternatively, if you’re open to the idea of geoarbitrage, you could always read the article Grumpus wrote for the Pension Series on the various pension tax rules at the State level.

VA Disability

The type of plane the Navy flew when FOGM joined

Above 50% VA Rating

Now, let’s examine what happens if the VA rates your disability above 50%. I’ll start by noting that the National Defense Authorization Act of 2003 created something called Concurrent Retirement and Disability Pay (CRDP). CRDP states, if eligible, a person with a disability rating above 50% can receive military retirement pay in addition to VA compensation. You can read more about it and how to determine eligibility on the DFAS website here.

So what does this mean to you in practical terms? Let’s take a look at another example using the same assumptions as before ($3000 a month retirement, single veteran), but this time we’ll up the disability rating to 70%. In that case, you’d receive $3000 from DFAS (taxable) and $1365.48 from the VA (tax-free). Thus, you’d pay federal taxes on the full amount of your monthly military retirement ($3000), but you’d receive an additional $1365.48 a month from the VA tax-free. The total monthly payment you’d receive is $4365.48, which is a large difference from the 30% VA disability example.

As the examples above demonstrate, compensation from the VA can provide a huge boost to your earning and savings power, especially if CRDP is involved. Based on the first example, a veteran earns $36,000 a year but only pays federal taxes on $30,994.20. In the second example, a veteran earns $52,385.76 a year but only pays federal tax on $36,000. Either way, those totals add up over time and have huge implications when it comes time to pay taxes.

FOGM’s first battle station … probably shot down a few Zeros.

What They Don’t Tell You

Oddly enough, I didn’t discover the tax advantages of VA benefits until a couple of months ago. The instructors didn’t cover it well in my transition classes. I erroneously believed that the government would tax my pension based on my VA disability rating. For example, if I was rated 10% disabled, the Federal government would tax 90% of my pension. Or if I was rated 70% disabled, they’d only tax 30%. I didn’t know about CRDP, or what it could potentially mean for my total retirement compensation.

Additionally, it’s worth noting something called Combat-Related Special Compensation (CRSC). You can apply for it if a disability is directly related to a combat incident. This is not automatic, like CRDP. You must apply for it, and it is service specific. More information can be found here.

FOGM’s first berthing space, AKA a rack.

One Last Bit of Advice

Based on my experience, the best advice I can give is start early. As soon as you decide to retire, gather all the documentation required. Once your retirement orders arrive, find a VSO you can trust, and submit your claim to the VA so you can start the assessment process. Individual results may vary, but I submitted my claim in August, completed my medical appointments with the VA appointed medical group (they outsource it in my region) in late September, and had my final rating determination in January. Finally, if you receive a 10% or higher disability rating, VA compensation is back-dated to your retirement date regardless of when the determination was made.

I hope you found this post helpful. If you have any specific questions, please pass them to Grumpus. He owes me now that I’ve written an entire post for him, and bought him dinner the last time I saw him. Seriously though, I will do my best to answer them. Good luck on your retirement journey.

FOGM…

FOGM’s mom sent me a picture from when he was a young, aspiring, sailor.

13 thoughts on “The Pension Series (Part 16): VA Disability

  1. Awesome and timely post. I have been active duty for 28 years as a military doctor and STILL did not understand the VA disability system. Happily am not disabled but still very good to know!

  2. Very informative. Makes you wonder why the military force does not give better training to all of our troops on our benefits. Cyber Awareness challenge for the 10th time, sure! But no basic VA/Retirement/Separating training to all…no time for that!

    • Hey NavyIT! Glad to hear from you again. Thanks for your continued readership. Given that my handle is Grumpus Maximus, I’ll go with the obviously pessimistic reason why the Services don’t provide better training on the topic of VA Disability: no incentive for them to do so. Nor, would I think is there an incentive for the Department of the VA to provide effective training. More and better training equals more and better claims, straining already stretched budgets. That’s why my friend recommended that a veteran’s organization help you with your claim. Their incentive is aligned with yours because they want you as a happy member or donor!

  3. Apologies to coming in a bit late to this article, but the author does a great job of hitting the high points, and giving enough leads for those that need the details to go get them. Now that I am two years past retirement, the dust is finally starting to settle and I am gaining perspective. For those approaching retirement asking about VA disability, I say “your satisfaction from the process will be directly proportional to the effort you put into it. Think of it as one of the most important staff summary package you have ever put together.”
    Thanks for the superb blog!

    • Mike, no apologies necessary. Your timing is quite appropriate as I’m going thru the VA claims process at the moment. I must admit, I referred to Friend of Grumpus’ article several times as well. Your advice about results being directly proportional to preparation is right on. I spent several weeks and weekends doing nothing but getting my medical records ready for submission. I even took a month to adjust my process after my initial engagement with my VSO … based on her reccomendations. Hopefully that will all pay off in form of a disability rate that’s equivalent to all of my medical issues. I guess we’ll see, but it’s great knowing that I put the amount of effort you think is necessary for a good result. Thanks for reading the blog and thanks for commenting too!

  4. First: If you’re still on active duty, make full use of the military medical system. Get your ailments diagnosed either while on active duty or within the first 365-days following discharge. The biggest obstacle for VA-acknowledged disabilities is proving it was caused by military service. “Git-R-Done” while in uniform. The identified disabilities in the first year from discharge are treated like the vet is still on active duty. Medically speaking, don’t rush out the door. The alternative could be years of struggle to prove your ailments are “service-connected”. Not to mention heart aches and hurt feelings.

    • Darrel,

      I’m in total “Get-R-Done” mode right now, and have been since I dropped my retirement request. I’m using the DAV VSO that you recommended to me on FB those many months ago too, so thank you for that! You were right, she’s a national treasure, and my disability claim is certainly in good hands. That said, I just found out that one of my medical conditions has worsened quite a bit over the previous two years. There’s a high probability I’ll need major surgery to correct it. Right now, I’m trying to navigate the initial consults to determine what my options are, how quickly I can knock things out, and whether I can get referred to a civilian hospital. I must admit I’m unnerved by the thought of getting that surgery in a military hospital. My situation isn’t helped by the fact that I’ve already lined up my retirement ceremony and retirement move to New Zealand with the family. This surgery may throw a wrench in that timeline. #stressedout@GMHQ

      Regards,

      GM

    • Yes, absolutely. I was of the mindset that my VA appts could wait. Thankfully, a SSgt and CWO told me I was wrong – that I needed to get to medical for anything not in my record.

      I had neck pain, back pain, and an asbestos exposure added. A month later when the VA doctor eval’d me, I was rated 10% on each of those things.

      Those appts got my rating to where it should be, but the VA appts were why I was getting my pension on May 1, 2008, 10 days after my discharge.

  5. Smart SSgt and CWO. The rule I heard from the VA rep in Korea was “three times in two years,” meaning having something documented in your medical records three times in two years was a very solid indication of a military service connection. I don’t know how official that is for the rating process, but I followed his advice. I also followed up with requesting copies of my records multiple times in the last few years of service to confirm, and ended up satisfied with my rating.

  6. I am not military but I am close (I always say proudly that my brother is a Marine). However, in my line of work (law enforcement), we have disability insurance but nothing after we retire. It was a good article and I have been enjoying this blog.

  7. “since he’s such a swell guy (read: master manipulator), he suggested I write the post based on my recent and extensive knowledge on the subject. Fooled by his flattery, I took him up on the offer.”
    I thoroughly enjoyed this article, but the above comment made me laugh.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.