Expert Advice When You Need It Most
Does this create a conflic of interest with me and the Army? (Military Law)
Does this create a conflic of interest with me and the Army?
Attorney answers (2)
Reputation Level 14
Answered almost 3 years ago.
Military Law Attorney in Bellingham, WA.
I suspect that the dual receipt of muster pay and the VA disability does in fact cause a conflict of interest. If it later becomes clear that you received VA payments while on IRR/ADT status, you may be accused of larceny of government property.
Now the VA regulations and rules are pretty complicated and most of the time, it's best to seek advice from a benefits counselor at the VA. If it later turns out you were not entitled to received both payments, you may be ordered to repay the government. Be careful with this. 1 person marked this answer as good
Add comment
Reputation Level 9
Answered almost 3 years ago.
Military Law Attorney in Tampa, FL.
There is a prohibition against dual receipt of VA compensation and active service pay. However, you will be permitted to elect the higher benefit. This is explained in VA General Council Precedent Opinion 10-2004. In actuality you will receive both VA disability payment and military pay for the same month in which you attend the IRR muster, but at the end of the calendar year the VA will receive information from the DOD regarding how many days pay you received compensation from the military and this amount will be offset from your VA payment. It occurs frequently to reservist who are also receiving VA benefits.
Ed Spinks ___________________________________ From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606 Phn: 813-254-2770 Fax: 813-254-2772 ed@spinkslawfirm.com www.spinkslawfirm.com Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information. 1 person marked this answer as good
Related Questions1 Attorney answers: 
Asked by a user in Dayton, OH - almost 3 years ago. 1 Attorney answers: 
Asked by a user in Hartford, CT - about 2 years ago. 2 Attorney answers: 
Asked by a user in Knoxville, TN - over 2 years ago. Find Defective & Dangerous Products Lawyers |
