Jump to content
  • Searches Community Forums, Blog and more

  • 0
MaddMaxx0121

severance pay vs disability compensation

Question

Hello Ladies and Gentleman, 

I am new to the forum but I find it full of useful information. For that, thank you. Now, on to my question. Hopefully, I'm in the right category. I was involuntarily separated honorably due to force reduction 6 months prior to my ETS from Active Duty Army. I was given an option of Full or Half separation pay. To receive full, I had to sign a 3 year contract with the Army Reserves. Of course, I signed and received a nice lump sum even after taxes. 

I filed for disability and was awarded 80%. I was not allowed to receive payment until the separation pay was recouped. I was very well aware of that. I began attending drill and receiving drill pay for about 6 months. I was later informed that I would eventually be penalized for "double dipping". I informed my Reserve leadership that I would no longer be attending drill, partially because of the pay, but primarily because my side business was growing and taking up all of my weekends. I informed them I was willing to accept whatever consequences came with not attending. They understood. 

Fast forward one year. I have been notified that I will be administratively separated for unsatisfactory attendance. I was called by a Chief Warrant Officer who said that if I am discharged Under other than honorable conditions, I could lose my disability benefits. I did my research and found that I would only be barred from disability benefits that would occur from the Reserves and my Active Duty disability benefits would not be affected. My question is: What penalty will I face for having accepted Full Pay for a 3 year obligation and not completing it? I mean, I went 18 months without compensation due to recoupment. 

Looking forward to your replies.

MaddMaxx0121

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

  • 0

I think you are good as far as your 80% comp as that is for a good period of service, etc.  My only concern would be for VA healthcare now and in the future.

I am 80% with an Honorable Discharge and can get free care through the VA system for anything, except dental.

You, however, may not from what I read.  You need to call someone at the VA and get a good answer.

For other things, your last discharge may be the only one that counts.  So there is that.

As far as the double dipping, what would have happened, is you would have drilled for free as your comp was probably higher than your drill pay.  They deduct your comp pay from your drill pay, but do it at either the start of the year or the end of the year.  Not sure.  But, your comp is tax free so that is payed first.

What you should have done was to have kept drilling and to ask for a medical discharge from the reserves.  You already had the evidence because of your VA disabilities.

If I were you, I would contact your reserve unit's higher headquarters or better yet, your State HQ and beg to get this fixed.  Your unit might be pissed at you, but thier HQ and your State HQ don't like bad discharges.  It reflects badly on your State.  In the reserves, its a competition between States.

Just sayin,

Hamslice

 

  • Like 1

Share this post


Link to post
Share on other sites

Ad


  • 0

I spent 13 years active and 16 in the Reserves. The Reserves is not State it is Federal and not the same as National Guard (funded by the state) therefore; if you receiving the discharge they are stating, you won't be able to get that fixed unless you go through the Army Board Of Corrections and prove to them you were not an UNSAT. You should have tried to get a med board because the reason's you gave for not attending drill really was not a good reason. I understand that you had a business but you also had an obligation to serve so really what the consequences are is what it is.

You might want to call and see if you can RST with another unit for a while to try and get back into a good standing and then proceed with a med board if that is possible. I am not trying to be harsh here but the reality is that you have an obligation to the Federal Government to Serve as well as your own business so the fate of your benefits is in your hands alone.

 

I wish you luck though.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 16 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines