Recouping Separation Pay

[Dtomlinson]

I was wondering if anyone could tell me if the VA will finally recoup my separation pay. I was separated from the Army for severe knee pain and instabilty rated at 0%. The VA also rated my knee condition at 0%. I was awarded 70% for sleep apnea and major depression. I assumed that because both the Army and the VA rated me at 0% that they would not recoup my sep pay and they have not. I never really agreed with either the Army or the VA wih their 0% because my knee was messed up and has been ever since the very first sugery...but I went with it anyway...now my back is messed up and my knee has gotten worse. If I file for an increase for my knee and try to connect my back to my knee will the VA then recoup for my knee...I am also thinking about filing with the PDBR and try to get the Army to award a medical retirement instead of the 0%....I truly feel that I was low balled and that they rated my knee wrong...... (Two complete ACL Replacement surgery's and removal of my meniscus rated at 0%???)

[carlie]

For my understanding, sometimes I need to keep things

real simple in my mind.

As far as I know and understand, if a service member get discharged

due to a disability and receives severance pay, then later down the road

collects VA disability compensation for that same disability - sooner or later

the VA should realize this and either offset/delay comp at some type of formulated

percentage,until the severance amount is repaid.

The only reason for the repayment is so the person isn't collecting twice for

the same thing.

[Dtomlinson]

I am the same way....everything has to be one way or the other for me....My ADD doesnt allow for much wiggle room..LOL...so I think I am atleast in the ballpark and the VA wont be barking for a complete payback all at once because of a mistake.....I am glad I found this forum because it led me to find answers and get a better grasp...I am not there yet but I am getting there.....

Thak you so much

For my understanding, sometimes I need to keep things

real simple in my mind.

As far as I know and understand, if a service member get discharged

due to a disability and receives severance pay, then later down the road

collects VA disability compensation for that same disability - sooner or later

the VA should realize this and either offset/delay comp at some type of formulated

percentage,until the severance amount is repaid.

The only reason for the repayment is so the person isn't collecting twice for

the same thing.

[Guest]

I fell under the category of getting severance pay and then I was awarded service connected disability. VA collected my entire service connected disability payments until my entire severance pay was recouped. I have never heard of an "UNFIT" clause. If you received severance pay and then VA awarded you service connected compensation for depression and sleep apnea than VA should have began the process of recouping your severance based on the fact that you had already received a severance pay. I have heard of veterans were awarded 10% to 40% and then filed for an increase and was awarded the increase and VA only collected the initial service connected compensation but the veteran still Had to repay the payment. In my case VA recouped all my monthly payments until my severance was repaid.

[Dtomlinson]

The catch is that the recoupment should begin once you start receiving compensation for the disability that caused the severance. Once that has happened 10, 20 , 30 or whatever percentage that was awarded for that specific disability has been determined recoupment begins monthly at no more than that. It can not be in excess of the total amount that you would get for the disability that caused the severance. Lets say in my case.....I was separated from the Army for Chronic Left Knee pain. Rated at 0%.....filed for VA Compensation and received 0% for my knee same as the Army, VA awarde 50% sleep Apnea, 30% Major Depression..combined rating 70%....Since the Army did not rate the other disabilities then they were not the reason for my separation and not included when determining recoupment of disability severance pay...now if I file a claim and my 0% for my knee in increased to lets say 20%...then they would begin recouping my severance pay at the amount I would receive for 20% compensation and no more than that....I think that it is confusing because most people would think that if something is bad enough to cause separation from the service that it would in itself ratre higher than 0%....noted in my PEB proceedings that DOD PDES may only rate an illness or injury that is service incurred or permanently aggravated by the service and, by ITSLEF, would cause the Soldier to be separated or retired. Although, the PDES cannot compensate you for these conditions...ie Sleep Apnea, Major Depression you may still apply for a disability rating for them through the Department of Veteran Affairs since they operate under different regulations and guidlines and may compensate any service-connected condition even if not unfitting at the time of separation). That is how I understand it now....I was confused as hell but I hope I am right.......Lastly....since determining recoupment of Disability Severance pay is based on the percentage of the disability that caused the severance and I was awarded 0%...then they can not very well recoup at this time because it is 0%...no compensation for 0%.....

I fell under the category of getting severance pay and then I was awarded service connected disability. VA collected my entire service connected disability payments until my entire severance pay was recouped. I have never heard of an "UNFIT" clause. If you received severance pay and then VA awarded you service connected compensation for depression and sleep apnea than VA should have began the process of recouping your severance based on the fact that you had already received a severance pay. I have heard of veterans were awarded 10% to 40% and then filed for an increase and was awarded the increase and VA only collected the initial service connected compensation but the veteran still Had to repay the payment. In my case VA recouped all my monthly payments until my severance was repaid.

[Dtomlinson]

Maybe this will help......

f. Example 3: Withholding For 0 Percent Disability

Situation: A service-connected severance disability is evaluated at 0 percent.

Result: Pay full VA compensation for any non-severance pay disabilities. Do not withhold anything for the non-compensable severance pay disability.

The catch is that the recoupment should begin once you start receiving compensation for the disability that caused the severance. Once that has happened 10, 20 , 30 or whatever percentage that was awarded for that specific disability has been determined recoupment begins monthly at no more than that. It can not be in excess of the total amount that you would get for the disability that caused the severance. Lets say in my case.....I was separated from the Army for Chronic Left Knee pain. Rated at 0%.....filed for VA Compensation and received 0% for my knee same as the Army, VA awarde 50% sleep Apnea, 30% Major Depression..combined rating 70%....Since the Army did not rate the other disabilities then they were not the reason for my separation and not included when determining recoupment of disability severance pay...now if I file a claim and my 0% for my knee in increased to lets say 20%...then they would begin recouping my severance pay at the amount I would receive for 20% compensation and no more than that....I think that it is confusing because most people would think that if something is bad enough to cause separation from the service that it would in itself ratre higher than 0%....noted in my PEB proceedings that DOD PDES may only rate an illness or injury that is service incurred or permanently aggravated by the service and, by ITSLEF, would cause the Soldier to be separated or retired. Although, the PDES cannot compensate you for these conditions...ie Sleep Apnea, Major Depression you may still apply for a disability rating for them through the Department of Veteran Affairs since they operate under different regulations and guidlines and may compensate any service-connected condition even if not unfitting at the time of separation). That is how I understand it now....I was confused as hell but I hope I am right.......Lastly....since determining recoupment of Disability Severance pay is based on the percentage of the disability that caused the severance and I was awarded 0%...then they can not very well recoup at this time because it is 0%...no compensation for 0%.....

[jbasser]

Brother where you at in Missouri?

J