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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20228
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Is a v.a. special compensation paid on a standalone basis from

Customer Question

Is a v.a. special compensation paid on a standalone basis from my 100% Basic disability basis compensation.
cas in point, i get ppaid, 3.1k. for 100% Disabled and i don't know how much i am getting psifd for Special compensation K & S, which i am approved for.
if you look at the special compensation table, my monthly compensation for a (S) disabled, my spouse and one kid is 3.5K, so ny question is that: Is this special compensation A STANDALONE COMPENSATION OR IS COMBINED WITH BASIC DISABILITY AMOUNT.
Submitted: 2 years ago.
Category: Military Law
Expert:  Marsha411JD replied 2 years ago.
Hello,
Thank you for the information and your question. Special Monthly Compensation rates are paid instead of 100% Disability rates, except for category K awards. That is paid in addition to an S category rate. So, if you have been approved for both K & S, and you are married and have one child, you should receive the S rate (now $3534.44) plus the monthly K rate, which is $103.23.
You can see a pretty good discussion of this issue by going to the following link: http://militarydisabilitymadeeasy.com/specialmonthlycompensation.html
Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 11th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.
Customer: replied 2 years ago.
If that is true then how much is my s-1 compensation worth. if your rational is true, then it should be the difference between my 100% disability rating and the new special compensation for s-1 , (3.5k, specia)l-(3.1kbasic) = about 4.k. In my letter, they said that they lumped all payments(100% basic, one child over 18 but in college, and the two special pay/S &K) payments into one monthly payment and came out to 3,9k. I thought i read somewhere that the special payments was not to be included with the basic disability and rather paid separate check or account. Please address my questions in the above sentences.
Expert:  Marsha411JD replied 2 years ago.
Hello again--I can only tell you what the law is, which I have done and provided you the link to a supporting explanatory article. You apparently have reviewed the pay charts, so you have access to them. (I can't send you those links right now anyway because the VA special compensation links are not working. Apparently the Site is down)
In any event, I can't make any comment on your individual case for a few reasons. One is that I don't, and can't have access to your records and the other is because this is an "information only" website. We do not give legal advice, conclusions or opinions.
What I discussed, is not my "rationale" it is the law. I am not making it up, as is clearly the case if you read the information at the link I provided you. If you do not agree with the VA, then you can ask for an audit of your account and sit down with them, or a VSO, and have them explain it to you in person.

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