Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Va Cue's Itself?

Rate this question


Sdlakersfan

Question

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?

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

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

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • HadIt.com Elder

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?

Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use