In the past, the VA did not allow veterans to receive both military retirement pay and disability compensation benefits. For some vets, it was necessary either to waive a portion of retirement pay or waive a portion of disability compensation benefits.
In other words, if you had $3,000 in retirement pay and $400 in VA disability benefits, you could opt to receive the full $3,000 in retirement pay and $0 in disability benefits, or you could opt instead to receive $2,600 in retirement pay and $400 in disability benefits; either way, you would still be stuck at $3,000 in the end. The only difference is that VA disability benefits are not taxable so the latter option would most likely be preferable.
The rules for concurrent receipt of military disability benefits and retirement pay underwent significant changes in 2002, 2005 and 2008. Through these changes, the VA now allows veterans who qualify to receive both VA disability compensation benefits and military retirement pay concurrently in certain situations:
If you have questions about how your military retirement pay and compensation benefits work, please call the Berry Law Firm at (888) 883-2483 or contact us online. Our office specializes in helping qualified veterans get the maximum amount of VA disability compensation benefits available to them.
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