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Severance Pay


Guest Jim S.

Question

Having received Severance Pay for my Acute Schizophrenic episode from the Navy, how does this effect a Veterans SC disability? Can the VA then come back after discharge and say the Navy Medical Board was wrong, that the diagnosis was in error. Wouldn't it be required to have more than just an opinion from a single Dr. to rebutt the prior diagnosis, that was based on three months hospitalization, written exams, physical exams, and personal observations over this same three month period?

Doesn't the fact that one was paid Severance Pay, Set in stone the presumption of service condition, that if secondary disabilities are found, those too, should be found service connected?

Again, how does severance pay play in furthering a claim for service connection of a disability, diagnosed during service, treated during service, and for which Veteran was discharged from the service for and to which he was paid severance pay as compensation for?

Something is seriously wrong with this picture.

Jim S. B)

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Jim, I am willing to bet the farm that Severance Pay will offset Compensation. Retirement pay, reserve Pay does so why not Severence Pay.

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I know that should I be found SC, any amount I receive will be offset by the severance pay, which means the first $6,000 plus change will be withheld until this amount is recouped.

What I am more interested in is how does being paid severence affect the fact that the VA says that the diagnosis for which SC was presumed was in error and that the diagnosis they say is the currect one, a personality disorder was not compensable for SC.

If the Navy found me no longer medically fit to remain in service and paid me severance pay. Then how could they say that it was in error, since the Navy isn't knocking down my door to recoup it's severance pay from me. They still list me as medically disabled for service for which special approval would be necessary for me to be aloud back in.

Jim S. B)

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Jim S:

You can win this one. But it might take a few trips to the VA shrink to perhaps change, modify and/or add information to your original diagnosis. An IMO could would not hurt either ... in my opinion.

Good luck and this one can be won ... IF .. you continue to push it.

... Magoo .. aka .. Bill ... B)

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Guest Namvet6567

Jim - I gave you my opinion as to how to handle your claim and you chose another route, which was/is your right, which I believe you also explained to me. I see you still haven't gotten anywhere. I think eventually you may win but without ongoing evidence, of your treatment over the years, you'll probably only win 10-20 percent, retro. It'll surprise me if you win, on CUE, but anything is possible. JMHO

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This is mostly retorical, but I am curious how the VA can retroactive a decision in their favor to our discharge date, yet when we find a SC issue years later, they don't have to pay, but from the date we filed the claim??!! How does that work?! It's not like the issue went away, really it got worse and they didn't offer help or foresight before, so compensation should start when we left the military. Again, how can this be!!!

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Sam it is all bottled up inside a regulation called title 38 code of regulations. It is the interpetation of these regulations that imposed time limits, Presumptive time periods.

Please note this however, If you have a condition now and you were treated for it in service, and A competent medical examiner states that is is at least likely as not the condition occurred in service yoru chances of success are greatly increased. There is only one way to get around the time limits and that involves proving Clear and Unmistakeable error. That actually means that the VA can make errors but the error had to be significant that would have changed the outcome in the claim. Otherwise they call it harmless error.

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