tdiu Severance Pay

[Guest HolliGreen]

Hi, I am rated at 100% due to unemployability due to my s/c disability, effective date 12-01-04. In trying to resolve this owing the VA 8000.00, my VSO told me that the 100% wipes out the severance pay issue. Has anyone heard of this? Thank you all. HolliG.

[Guest HolliGreen]

Hi RickB54, this is unreal, I talked to him this morning and that is what he told me. This is really turning into a big mess. I have C&P appts. next week to evaluate cataracts and also a recent bout of optic neuritis (multiple sclerosis) and I am totally stressed. Thanks for reply. Holli

[Guest HolliGreen]

Hi, this is great to get your perspective on this. I was honorably and medically discharged in 1987 due to asthma with severance pay of approx. 14 grand. My first episode/attack of multiple sclerosis was in 1985-86 when I was stationed in Korea, the doctor did not know it was MS at the time. After I was discharged I moved back home but had MS exacerbations off and on throughout the years until my definite diagnosis. When my hubby and I went to see the VSO on the case at the time, he said 100.00 per month would be deducted from my VA monthly compensation which was not a problem. I began receiving VA monthly comp. in 1996 and through the years my MS has gotten worse until I retired from my fed. job and eventually was rated 100% through the VA. A few months ago VA sent me an odd letter about my claim was being worked on and this was strange because I did not submit any claim. I called the local VSO and he looked in his computer and said I owed 8,000.00. I was stunned. So now, the VSO has requested an audit or an accounting of my file to see what is going on. Rickb54, thank you for your information. Does the fact that at least two seperate disabilities are involved factor in some how? Thank you. Holli

[Pete53]

Maybe he just meant that it wiped out 3 and 1/2 months of back pay that VA owes you?

[Berta]

Holli- has the VA itself sent you anything saying you owe them?

If they do- let us know if it says they called a CUE on themselves-

(CUE-clear and unmistakable error)

It is my strong position that -if the VA calls a CUE on itself and the CUE error creates a debt to the vet- the vet can fight this and not have to pay it-

When the VA has Cued past SC decisions- in cases where they inadvertently paid vets comp for disabilities they didn't have-(yeah -that really happens) the vet-only with a finding of absolute fraud by VA-is not responsible for the past debt.

Remind me if you need to pursue it -if a VA letter CUes themselves and I will find you all the regs you need.

Terry Higgins has them too-

[Guest HolliGreen]

Hi Berta, the VA has sent me nothing regarding this supposed $$ I owe. The only way I know I supposedly owe is from a letter from VA to me stating VA is working on my claim. That is very strange because at the time I had not filed anything! So, I called the VSO and he looked in his computer and told me. It gets curious-er and curious-er. I am pursuing the cataracts and an eval of all current disabilities and I have several appts. next week. C&P, "Eye", and a general practitioner (not a neurologist) appt. In two weeks I go back for pulmonary function tests (the asthma that discharged me in the first place). I will keep you informed Berta, please know I appreciate your help and sharing of your knowledge of the VA maze. Holli