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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 11689
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I just retired, no payment scheduled for me

Customer Question

I just retired in may, my last payment was May 28. I didn't get anything until now (july 16). I got 70% disability  from the ARmy and 90% from VA. I call DFAS in Cleveland and they told me that they don't see any payment pending for me.


I went to VA Today and they also said they don't see me in their system, even thought I got n appointment with them as a retired Army soldier (I'm a LTC)


I need to buy a house here in Utah, and I can't prove my income to get a VA loan...


What can I do?

Submitted: 1 year ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Do you have the written documentation of your approved disabilities from both the Army and the VA?

Have you gone to the local VA benefits office to work with them yet on this matter for them to track your paperwork?
Customer: replied 1 year ago.

I have the results of the PEB, which I signed in March 2013. I went to the VBA regional office yesterday and was told that they had nothing regarding my disability. I filed an initial claim, but since their answer was totally unexpected I did not have any of the documentation with me. I have about three years worth of medical records boxed up with my other personal documents, etc. I will take this to the VBA, but I was told yesterday that it will take at least 6 months for them to get to my claim.


 


My main concern is my Army disability payment, since I can get by on that alone.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the additional information.

It seems as though the disability papers have never been processed either through the VA or the DFAS Army Pension system is what you are saying. Have you discussed this with the Army as well about refiling your claim for disability, since it appears they have no records?

I am asking this because, quite honestly, I do not want to take your money on this site if this is a matter of the paperwork did not get filed or was lost and you have to refile as that is what you can do on your own without an attorney and I am afraid that legally there is nothing you can do to speed them up if this is what happened.
Customer: replied 1 year ago.

I appreciate your honesty. I figured that this was what happened. I went to the finance in Weber Today and I'll have to send them all my paperwork again...That is all boxed in some army storage somewhere here in Utah.


Thank you again.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you and I hope you get everything re-filed so you can get everything processed.

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