Effective Date for Entitlement to VA Benefits

A retired Regular Air Force Officer employed in a Federal civilian position, whose retired pay was subject to reduction, was advised by the Veterans' Administration (VA) that he was entitled to retroactive VA disability compensation. The officer filed a waiver of retired pay with the service department, pursuant to regulation. The question was whether the proper effective date to be given the waiver was the date it was executed or the date of the earliest entitlement to veterans' benefits. GAO held that the waiver of retired pay was effective from the earliest date of entitlement to VA compensation; but the additional amount due is payable as VA compensation, and not retired pay. Although GAO has no authority to direct the VA to pay benefits, there was no reason to believe that the VA would reach a contrary conclusion.