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  • 14 Questions about VA Disability Compensation Benefits Claims

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

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    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

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airforcemom

Daughter And Discharge

Question

Thank you for letting me be a member of this board. Long story will try to make it short. My Daughter has served for ten years, USAF. Four months ago they sent her to the Azores unaccompanied (has Husband and two small children). When they sent her there she had already been diagnosed with Depression, OCD and Thyroid of which none had been stabilized with meds. Now, 4 months later she is so bad they are sending a packet to Randolph for discharge. None of her illnesses are under control yet..... Her symptoms worsened GREATLY because she was seperated from her family...Her Thyroid is out of control. She also has Hypertension that was diagnosed in the AF.

What I need help with is what she can expect next.... what should she do to protect herself?

I really don't even know what to ask..can anyone give me some tips etc to convey to her...at this point she does seek a discharge.

Jeanette

USAF Vet

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Greetings! I am Nichole~Jeanettes daughter! I am currently awaiting the my medical board results, my MEB pkg, was just put in the mail today the 24th of Jan from Ramstein to AFPC, Randolph AFB, Texas.

What I do know as of now, is that I cannot fill out the VA comp paperwork until I am discharged from the service, and cannot even start collecting benefits until after my official date of separation, lucky for me, my husband is Active Duty Air Force, and I will become his dependant. It appears that I will be medically discharged with severance pay, and sent back to the states, as I am currently serving oversees. I have allready obtained copies of all of my medical records (both volumes) and will not be able to attend the briefing until I know what my discharge date will be, and get back to the states.

I have been diagnosed with OCD, depression, hyperthyroid, hypertension, and take MANY pills! All of my "problems" are service connected, and did not exist prior to my coming on Active Duty.

I have done MUCH research and I know that before I can be awarded VA benefits (disability) my records have to first be reviewed. Do we know how long this process takes? and what can the expected outcome be?

Edited by Nichole

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if you take the severance package expect to have your VA checks kept unitl you pay back the amount of your severance, I know it sucks but they do it to everyone, myself I say don;t take the lump sum, if you are rated over 30% and with all your problems you should be getting a medical retirement not a severance package but I could be wrong, it wouldn't be the first time and won't be the last. If you do take the severance check they will collect back every penny including the taxes they with hold from it, so you have to fight to get that money back to. There are some strange rules to it but if you are getting compensation not related to why they are discharging you from the service then you are supposed to get that without garnishment, but what the government gives it takes away. When I started getting SSD they withheld over 3,000 from the first 2 years of my checks at 15% per month to pay the VA for my open heart surgery which I still have a claim in appeal for, you should have less problems getting rated since you are being seperated, I waited until what 11 years after desert storm, I was stubborn and didn't want anything to do with the VA until I had to, no job, no insurance, and a complete meltdown later, I was diagnosed with COPD, hypertension, arthersclerotic heart disease, triple bypass 2 failed stents, PTSD gaf's nothing higher than 45 in the past 3 years, rashes, and a lot of other issue's and a VARO I made mad at me for writing congressmen, senator's the president and newspapers. I am in my 4th year of appeals, they just gave me 2 C&P exams for the stroke and heart problems. Just file as soon as the board processes and I have heard the VA is supposed to have OIF/OEF veterans on fastrack for claims. Don;t get your elected officials until you only have to as a weapon of last resort, do not think you will get ahead of the game like I did and write letters from the time the claim starts, it just makes the VA mad.

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TESTVET

I hate to soudn completely ignorant...but I am a bit confused now...when you say I will have to pay the severance back...what exactly do you mean by that?

Because I am looking at about $52,000.00 in severance, if they decide to discharge with severance...they hold all of my VA checks up until that amount? Am I understanding this correctly?

What is the difference between a medical severance and medical retirement? I was told that medical retirement may not be right for me considering my TIS.

My MEB, is for OCD, hyperthyroid, and hypertension. But I have other issues that i would be collecting disability for...along with the OCD, hyperthyroid, and hypertension.

My god...THAT SUCKS!!!! DANG!!!! How the heck do you survive???

Thanks for the heads up!

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exactly what I said if the air force gives you 52,000 the IRS is going to take back part of it for taxes as if you made it all in the same year, then the VA is going to with hold your VA SC compemsation until they collect back the 52,000 you have already been paid then you get to fight with the tax departments for Federal and or state if they take state taxes to, it just flat makes a mess out of everything. Better you get told now than to have you think you get 52,000 plus a VA check when that just isn't going to happen. Somehow the govt is going to stick you with the fickle finger of fate, my ex brother in law had to pay back 25,000......... it sucks... took him over 2 year before he collected a check and they processed his claim in 3 months he was SC for a bad back

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Greetings Nichole!

I am an AF woman veteran 1980-1986.

I have had some dealings with Randolph over the years for a discharge upgrade (which I won). If I were you, I would stay in close rapport with Randolph. Get a contact person and keep it very professional, cool and detached. Tell them you want to be helpful, and to contact you with any questions. Make contact on a regular bases and take notes.

Also, you will want to study and save the DoD Regulations for MEB's, PEB's, and related issues.

Title 10, U.S.C., chapter 61, provides the Secretaries of the Military Departments with authority to retire or separate members when the Secretary finds that they are unfit to perform their military duties because of physical disability.

DoD Directive 1332.18, SEPARATION OR RETIREMENT FOR PHYSICAL DISABILITY, DoD Instruction 1332.38, PHYSICAL DISABILITY EVALUATION, and DoD Instruction 1332.39, APPLICATION OF THE VETERANS ADMINISTRATION SCHEDULE FOR RATING DISABILITIES, set forth the policies and procedures implementing the statute.

See also Air Force Instruction 44-157 -- MEDICAL EVALUATION BOARDS (MEB) AND CONTINUED MILITARY SERVICE http://usmilitary.about.com/library/milinf...blafi44-157.htm

If you need to fight, it will be fire with fire (the technicalities of laws and regulatins win every time). Below, I have added a helpful. URL

Keep us posted! ~Wings

U.S. Air Force Physical Disability Division

http://www.afpc.randolph.af.mil/disability...0Page%20new.htm

People with less than 20 years of active service at the time they are removed from the service by reason of physical disability may be either separated or retired, based on the following:

If you have a disability that is rated by the military disability evaluation system at 20% or lower, you can be discharged (most likely with severance pay, unless the condition existed prior to service and was not permanently aggravated by service or misconduct is involved).

If the condition is rated at or above 30% you will be recommended for permanent retirement or placement on the temporary disability retirement list (TDRL).

How is the percentage of disability determined? The Physical Evaluation Board must use the "VA Schedule For Rating Disabilities", along with specific DoD guidance to determine the percentage of disability. The "VA Schedule For Rating Disabilities" can be found on the web: http://www.warms.vba.va.gov/bookc.html

Military Disability (Medical) Separations and Retirements

http://usmilitary.about.com/od/theorderlyr...dseparation.htm

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