Readers of Tom Philpott's Military Update column sound off

Resuming Va Disability Payments After More Active Duty 

I was a National Guard soldier in Iraq from 2004 to 2005.  When I came home I applied for and was granted a VA disability rating of 50 percent. However, in December of 2006 I was assessed into the Army Reserve's Active Guard Reserve (AGR) Program.  Because I am now back on active duty the VA has suspended my disability payments. My questions are:

-- What is needed to reinstate my disability benefits after my active duty is over with?

-- Do I need to start the whole process over again?

-- Although my VA disability payments are suspended, am I still listed as a disabled veteran in the Department of Veterans Affairs?

-- Now that the armed forces and the VA are merging their disability rating systems, how does this affect me?

ANTHONY KENNEDY
First Lieutenant, USAR (ARG)
Balad, Iraq

When released from duty as an AGR soldier, and either separated or returned to drill status, you should write to your VA Regional Office requesting that disability benefits be resumed.

According to VA officials, for you to be entitled to benefits at the earliest date, you should contact VA at least within a year of separation. If you delay beyond a year, your first benefit payment will not begin until the first of the month after VA gets your request.

You will not have to complete a new VA disability application. But you might have to undergo a reexamination to determine current level of disability. If you believe you have additional conditions for which disability benefits should be paid, mention those conditions in your letter to the VA regional office. VA then will need to get copies of military treatment records for the newly claimed conditions.

Your disability benefits, by the way, were not been "suspended," as you suggest, but were terminated on your return to active duty. But the conditions for which disability had been paid remain service-connected.

Regarding your last question on merging of disability rating systems, the changes only affect service members considered for disability separation or retirement from the military. VA and DoD are conducting a pilot of the feasibility of streamlining and improving delivery of benefits and services to wounded, ill or injured service members processed through DoD's Disability Evaluation System for possible medical separation or retirement.

In the pilot, a single examination, normally conducted by the VA serves the purposes of both VA and DoD in screening for "unfitting" and other claimed conditions. The services' Medical Evaluation Boards and Physical Evaluation Boards continue to make fitness determinations. If the member is found unfit, VA does the disability evaluation for both departments.  The member then knows what his or her entitlements are from both departments at the same time. This eliminates post-separation VA claims processing time. So benefits are awarded at the time of separation, say VA officials.  – Tom Philpott.

10-YEAR MGIB WINDOW

I read your great articles on line.  Do you know if there is any legislation that might pass to extend the deadline on using the Montgomery GI Bill education benefit past the current 10-year, post-service limit?

I think it is great that we are working to take care of current Iraq war veterans.  I just hope we aren't going to continue to forget veterans of previous wars and conflicts.

ZACK WILHOIT
Via e-mail

I do not know of any serious plans by Congress to extend the 10-year limitation on use of MGIB education benefits. However, some current service members and veterans, by virtue of active service since 9-11, would qualify to replace unused MGIB benefits with more generous benefits proposed by Sen. Jim Webb (D-Va.) and more toward enactment. Both the House and Senate have voted to approve this plan and, if both chambers can overcome a threatened veto by the White House, some unused MGIB benefits will be transferable to the Webb plan. The usage window for Webb benefits after separation from service would be 15 years. – T. P.

'IU' RETIREES TO GET BACK PAY

Can you explain how the Defense Finance and Accounting Service will handle back pay to veterans rated as IU?

I can't get MyPay staff even to acknowledge that they will be paying us back pay and doing away with VA offset this coming October. They could at least let us know something is going to happen and how!

I called them and they act as if they don't know anything.

HAROLD K. DANIE
Via e-mail

DFAS officials answering the phone might not know yet the details of legislation passed last January to benefit IU-rated retirees.  These retirees with "Individual Unemployability" status from the VA draw disability compensation at the 100-percent level even though their actual ratings are lower. The IU population was excluded from full concurrent receipt benefits when they first were paid to 100-percent disabled effective Jan. 1, 2005.  Last January, the president signed the 2008 defense authorization act that has a provision granting IU retirees full concurrent receipt back to that date.  Payments won't be made until October, however.  DFAS officials are working on implementing regulations.  More details should be available soon – T.P.

Letters may be edited for clarity or length.  Write to Military Forum, P.O. Box 231111, Centreville, VA  20120-1111, send e-mail to militaryforum@aol.com or visit www.militaryupdate.com.