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%???)

[Carl the Engineer]

Dtomlinson,

Thanks to Carlie, it makes sense to me, your situation that is. I on the other hand, was not separated by a service connected disability. I believe you are fine. However, I may be a little confused on the rationale of this.. But that is nothing new.

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.

Hamslice

[Dtomlinson]

Hamslice,

Tell me about it....I was really confused until I actually found the info.....now I am even more confused about wether a secondary condition related to my severance causing condition would cause them to start recouping....lower back pain caused by my knee ....I personaly beleive that I hurt my back at the same time I hurt my knee but I never complained or saw a doc about my back until after I got out...so I think my only recourse would be to connect my back to my knee injury as a secondary condition....I haven t been to the DAV yet...but I plan to go talk to them soon....

Dtomlinson,

Thanks to Carlie, it makes sense to me, your situation that is. I on the other hand, was not separated by a service connected disability. I believe you are fine. However, I may be a little confused on the rationale of this.. But that is nothing new.

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.

Hamslice

[Commander Bob]

'Dtomlinson', Here is more info on PDBR (Physical Disability Board of Review)

http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR.aspx

Edited June 15, 2011 by Commander Bob

[Commander Bob]

'Dtomlinson', Here is more info on PDBR (Physical Disability Board of Review)

http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR.aspx

Were you wounded in combat? If so, then you would be eligible for CRSC in addition to VA SC comp.(Combat Related Service Compensation) Simply put Combat-Related Special Compensation (CRSC) provides military retirees a monthly compensation from the Army.

May I ask how much separation pay did you receive in 2008?

jmho...Eventually,in the long run, everything can be worked out in your favor if you can get that magic Chapter#61 retirement...

C.B.

P.S. I wish we knew more...

This post has been edited by Commander Bob: Today, 08:02 PM

Edited June 15, 2011 by Commander Bob

[Dtomlinson]

I was not wounded in combat. I am kind of on the fence about filing with the PDBR. I know that the Army did not use the correct codes when they rated my knee. It should have rated higher than 0%. I had two iinjuries to my left knee both resulting in complete ACL replacements and removal of my meniscus. The Army rated my knee under code 5003 Arthritis caused by trauma with pain. My knee bends with full ROM but it hurts like hell and is very week and unstable. The Instability and the fact that the Dr. told me that the only thing left for me was a comlpete knee replacement (and I was too young for that) were the reasons for my MEB/PEB. The Army specifically stated that instability is not unfitting...LOL...If I cant cary the weight and do everything that everyone else does then I am waisting the Army's time. I think they rated the Pain and the arthritis to avoid the 30%. I am not sure exactly what codes the VA used to rate my knee...I am guessing they used the same code because they to came up to the same 0%. I have to get a copy of my C-File. Removal of the meniscus alone is worth 10%. I did not know that until a few weeks ago...that is why I was thinking about filing again...

In 2006 I received $55,000 minus 25% tax when I was separated and later after the VA found me 70% disabled I filed with the IRS and got the 25% back in 2007.

Were you wounded in combat? If so, then you would be eligible for CRSC in addition to VA SC comp.(Combat Related Service Compensation) Simply put Combat-Related Special Compensation (CRSC) provides military retirees a monthly compensation from the Army.

May I ask how much separation pay did you receive in 2008?

jmho...Eventually,in the long run, everything can be worked out in your favor if you can get that magic Chapter#61 retirement...

C.B.

P.S. I wish we knew more...

This post has been edited by Commander Bob: Today, 08:02 PM