Ratings. Guidance. The Right Lawyer.
Does this create a conflic of interest with me and the Army? (Military Law)
Washington, DC
Viewed 213 times.
Posted 9 months ago in Military Law
Flag as objectionable
Does this create a conflic of interest with me and the Army?
Dayton (OH) Viewed 8 times. Posted about 13 hours ago in Employment / Labor. Flag this as objectionable Washington (DC) Viewed 1 times. Posted less than a minute ago in Military Law. Flag this as objectionable I am a 40% disabled veteran with 7 service connected conditions and I have IRR muster orders. I get $541 a month tax free in disability from the VA but I was never separated from the IRR even though my condition would make it imposible to be a soldier again. The muster has stipened of $190 which taxable and my VA comp is not so how would this impact me? I have bad lung problems that cause my lungs to close from cold air, and knee issues so bad that I can not stand for long periods. They are making disabled vets give up are comp temporarly or work for free! Answers (2)
Jeffrey Alan Lustick
This attorney is licensed in Washington.
Posted 8 months ago.
Flag as objectionable
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. 
Tonald Edmund Spinks
This attorney is licensed in Florida and 1 other state.
Posted 7 months ago.
Flag as objectionable
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. |
