What-Benefits.com

how to stop va benefits while on active duty

by Larry Watsica Published 2 years ago Updated 1 year ago
image

If you are currently receiving VA benefits, submit a request to VA in writing to stop benefits for the period you will be on military orders. You are not eligible to receive compensation benefits and military pay simultaneously. An overpayment could result if benefits are not stopped in a timely manner.

Enclose a copy of VA Form 21-8951 with the notice. In the notice, inform the Veteran VA will withhold benefits for the same number of training days printed on the VA Form 21-8951 unless the Veteran submits evidence within 60 days showing why VA should not take the proposed action.

Full Answer

How do I stop VA benefits while on military orders?

Prior to Deployment If you are currently receiving VA benefits, submit a request to VA in writing to stop benefits for the period you will be on military orders. You are not eligible to receive compensation benefits and military pay simultaneously. An overpayment could result if benefits are not stopped in a timely manner.

Can a veteran return to active duty while on VA benefits?

Adjusting Department of Veterans Affairs (VA) Benefits Based on a Veteran’s Receipt of Active Service Pay (U.S. Department of Veterans Affairs) Section contains procedures for handling drill pay and return to active duty adjustments concurrently while the Veteran is in receipt of VA benefits.

What happens to my benefits when I re-enter active duty?

If there is a claim pending at the time of deployment and benefits or an increase in benefits are granted while you are on active duty, you will receive any benefits payable for the period prior to the date you re-entered active duty service.

How do I get my VA benefits back after deployment?

Following Deployment To restart your previous compensation benefits, submit a request in writing to VA stating your release date from active duty. VA Form 21-4138, Statement in Support of Claim, can be used for this purpose.

image

How do I stop my VA disability payments while on active duty?

The VA sends members a copy of VA Form 21-8951 at the end of the year documenting the number of days on which they received military compensation and VA disability compensation for the same period of service. You use this form to elect to either waive your VA disability compensation or your military pay.

Can I cancel my VA benefits?

Yes. However, acceptance for future VA health care coverage will be based on eligibility factors at the time of application, which may result in a denial of health care coverage.

What happens to my VA disability if I go back into the military?

Veterans Affairs (VA) disability compensation payments will be terminated when an individual is recalled for active duty. However, the VA service- connected disability rating is not severed.

Can you get VA benefits while on active duty?

If you're serving on active duty in the United States uniformed services, including active National Guard and Reserve with federal pay, you may be eligible for VA benefits both during service and after separation or retirement.

What is the VA 5 year rule?

The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.

Can I cash out my VA disability?

You can apply for a VA cash out surrender or loan by completing and mailing the Application for Cash Surrender Value or Policy Loan (Form 29-1526) to the Department of Veterans Affairs.

Will I lose my VA disability if I get a federal job?

What Is the Bottom-line? If you are working and receive service-connected compensation, you will not be penalized by the VA. Working veterans will only run into problems with the VA if they are receiving TDIU and their work is considered to be substantially gainful.

What is a VA waiver?

The law requires that a military retiree waive a portion of their gross DoD retired pay, dollar for dollar, by the amount of their Department of Veterans Affairs (VA) disability compensation pay; this is known as the VA waiver (or VA offset).

What happens to my VA disability when I turn 65?

Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.

How long do you get VA benefits?

If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life. The only exception is if VA later determines you obtained your benefits via fraud.

How long do VA health benefits last?

You can receive free VA health care for up to 5 years after discharge or release for any condition related to your service in Operation Enduring Freedom (OEF) in Afghanistan or Operation Iraqi Freedom (OIF) or Operation New Dawn (OND) in Iraq.

Do veterans get free healthcare for life?

If you are a 50% or greater disabled veteran or a former POW, all your medical care from the VA is free. There are other groups that may get some, or all VA medical care for free, see our VA Copay page for details.

Information Found on Form 21-8951

Your form 21-8951 will show the fiscal year and the number of training days you performed during the year. A normal drill year would be approximate...

What If There Are Errors on Your Form 21-8951?

If there are errors on your form 21-8951, you need to get the correct information from your unit personnel or finance department. Then you will nee...

How to Decide Which Pay to Waive

In most cases, you will be better off keeping your military pay and waiving your VA pay for the time period involved. But you should always run the...

What Happens After You Waive Your Pay?

The government will simply withhold future payments. So if you have 63 days of military pay and elect to waive your VA compensation, then you would...

When did the VA terminate benefits?

VA terminated a Veteran’s benefits for the period November 1, 2011, through May 15, 2012, because the Veteran returned to active duty. In 2013, VA receives a VA Form 21-8951 showing the Veteran was paid for 65 days of drill/training during fiscal year 2012.

Why do veterans get drill pay?

Most Veterans choose to receive drill pay instead of disability compensation or pension because drill pay is typically the greater benefit . These Veterans must waive their VA benefits for the same number of days they received drill pay.

What is Section C of the VA?

Section C. Adjusting Department of Veterans Affairs (VA) Benefits Based on a Veteran’s Receipt of Active Service Pay

How long does it take to get a Veteran's Diary?

establishes a diary in each Veteran’s corporate record to control for return of the form within 60 days.

What is VA Form 21-8951?

VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances, which is discussed elsewhere in this topic , uses the terms

Do you have to sign 21-8951-2 for VA?

Important: Although VA does not require a Veteran’s unit commander to sign VA Form 21-8951 unless the Veteran asserts the actual number of training days is less than the number the Hines ITC printed on the form, VA always requires a Veteran’s unit commander to sign VA Form 21-8951-2.

Does SROTC receive VA benefits?

Concurrent receipt of VA benefits and the subsistence allowance that a Veteran in the Senior Reserve Officers’ Training Corps (SROTC) might receive is not

How much is a day of disability withheld from VA?

You can run the numbers to determine exactly how much will be withheld. Remember, each day counts as 1/30th of a month’s rate. So if your VA disability compensation were $300 a month, each day of VA disability compensation is worth $10. If you have 63 days of military pay and waive your VA compensation, you would have $630 withheld, $300 in each of the first two months, then $30 from the next month. After that, your full compensation payments would resume.

How much is a VA disability day worth?

So if your VA disability compensation were $300 a month, each day of VA disability compensation is worth $10 per day. Determine your daily rate, then multiply it by the number of training days listed on your Form 21-8951. Then compare that to how much military compensation you received for the year. You can do this by using the Drill calculator or looking at your W-2 from myPay.

What is a section to elect which pay to waive?

a section to elect which pay to waive (note: waiving military pay and allowances will most often result in LESS money for you; this is clearly marked on the form), a section to verify the information and sign it, a section for your unit Commander to sign the form.

How many sections are there in the VA form 21-8951?

There are only three sections where you can take any action. If the information on your form is correct, then check the first box in the first section. Next determine which pay to waive (see below section), then sign and date. The Veteran must always sign VA Form 21-8951.

How many military training days are there in a year?

Your form 21-8951 will show the fiscal year and the number of training days you performed during the year. A normal drill year would be approximately 63 military training days: 48 drill days (12 months times 4 drill periods per month), and 15 active training days.

Can you receive both VA disability and drill pay?

How the pay works: The law states you cannot receive both forms of payment for the same day or work. However, both payments are actually made at the same time. You will receive your VA disability payment around the first of the month, and you will receive your drill pay at the normal payment schedule.

Can you serve in the military with a disability?

Members of the Guard or Reserves are eligible to serve if they have a VA service-connected disability , provided they are physically cleared. However, there is one big caveat: they are not able to receive VA compensation on the same day they receive military pay. To serve again, you will be required to waive either your…

What happens if you are disabled but still able to return to active duty?

This means that if you are disabled, but still able to return to active duty, and you are reasonably close to qualifying for military retirement, you have all the more reason to put the uniform back on.

How much is 70 percent disability for married veterans?

As of 2020, 70 percent disability compensation payment to a married veteran without children brings in $1,547.17. Having to take care of one or more parents and having one or more dependent children can also cause the compensation amount to increase. For example, at 70 percent disability, a married veteran taking care of one parent would receive ...

What happens after you hitch your next hitch?

After your next active duty hitch, you can simply notify the Department of Veterans Affairs that you are no longer on active duty. They will restart your benefits. Any disabilities you had from before are still service connected, just as they were from before.

How long does it take to get a VA disability?

The qualification process is long, and it can on average almost 80 days or more to get a ruling from VA officials on your disability. Many veterans long to return to the profession of arms, however, and even disabled veterans will occasionally seek to return to active duty.

How much does a married veteran get for disability?

For example, at 70 percent disability, a married veteran taking care of one parent would receive $1,644.17 monthly, and a married veteran with one child would receive $1,636.17 monthly. There are also added amounts for:

Can you collect disability while on active duty?

Generally, you cannot collect disability compensation while on active duty. If you are currently collecting disability compensation from the VA, you must notify them when you return to active duty. You do not lose your disability rating, however. And if you are still disabled after being discharged again, you may again qualify for disability ...

Can you double dip in your military pension?

Prior to 2004, veterans on the Retired List who qualified for disability compensation had to forfeit part of their military pensions in order to collect disability compensation. The prohibition on "double-dipping" no longer applies, however and military retirees may now collect their military pensions and their disability compensation. This means that if you are disabled, but still able to return to active duty, and you are reasonably close to qualifying for military retirement, you have all the more reason to put the uniform back on.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9