Va Cue's Itself?

[Sdlakersfan]

Happy Easter to all Vets who served our country!

I recently received my brown envelope awarding a 50% rating for MDD (major depressive disorder, secondary to chronic LBP). My total rating is now up to 80% total (good news).

Bad news,in my opinion they did me wrong. They claimed that an unrelated (to my MDD claim) SC foot condition I have was improperly rated when I was discharged in 1994. I was assigned a non compensable service connected rating for a bunionectomy at that time, which was later rated at 10% in a 2007 rating decision. They claimed CUE on their part in my 1994 rating decision. By correcting this "error", they retroactively rated me at 10% for this foot condition effective to the date of my discharge in 1994. Here's the kicker - due to this adjusted rating, they determined that they must also recoup my military severance pay ($43,000 approx). So they did their VA math and took all prior monies due for the 10% retroactive rating to 1994 (17 years ago), and are keeping a portion of my 80% benefit until they recoup the full 43K (all due to their CUE in 1994!)

I've done a lot of reading on this fine site and others and can't find anything similar to this situation happening before. Any advise or comments on how I can attempt to have my monies refunded to me?

[carlie]

I believe they are correct to re-coup the severance pay, if not then they would

be paying you twice for the same thing.

JMHO

[Chuck75]

You can request a waver and NOD part of the decision. They made the error. Just do so as soon as possible.

Happy Easter to all Vets who served our country!

I recently received my brown envelope awarding a 50% rating for MDD (major depressive disorder, secondary to chronic LBP). My total rating is now up to 80% total (good news).

Bad news,in my opinion they did me wrong. They claimed that an unrelated (to my MDD claim) SC foot condition I have was improperly rated when I was discharged in 1994. I was assigned a non compensable service connected rating for a bunionectomy at that time, which was later rated at 10% in a 2007 rating decision. They claimed CUE on their part in my 1994 rating decision. By correcting this "error", they retroactively rated me at 10% for this foot condition effective to the date of my discharge in 1994. Here's the kicker - due to this adjusted rating, they determined that they must also recoup my military severance pay ($43,000 approx). So they did their VA math and took all prior monies due for the 10% retroactive rating to 1994 (17 years ago), and are keeping a portion of my 80% benefit until they recoup the full 43K (all due to their CUE in 1994!)

I've done a lot of reading on this fine site and others and can't find anything similar to this situation happening before. Any advise or comments on how I can attempt to have my monies refunded to me?