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Deferred Claim?


Clayton0417

Question

What happens when VA says that a part of your claim was deferred? Here's the email I received today from my State VA rep:

I located your folder and it appears that you were granted 40% service connection. A letter was mailed to you yesterday. The PTSD claim was deferred. Based on your records, you were paid $XX,XXX separation pay for your first enlistment and $XX,XXX disability severance pay for your 2nd enlistment. You will not receive any payment from VA until both payments are recouped.

Also, could some tell me where I can find information on severance/separation pay recoupment. I was under the impression that only the amount of the disability severance pay would be withheld. I hope that's a mistake because my first enlistment ended in Aug 2000. How would I get the money back from the taxes that were withheld during that time?

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All it means is that they're looking at all evidence and will probably give you a test to establish your GAF to see if you're trying to bluff them, and if you're not, at what percentage they'll have to pony up on.

You'll have to re-file your taxes from the prior tax years. This tax year you'll need to take your statements with you to your tax preparer.

Not certain where exactly where the recoupment bit is. You can bet they'll not give you a check until your severance is paid back though!

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All it means is that they're looking at all evidence and will probably give you a test to establish your GAF to see if you're trying to bluff them, and if you're not, at what percentage they'll have to pony up on.

You'll have to re-file your taxes from the prior tax years. This tax year you'll need to take your statements with you to your tax preparer.

Not certain where exactly where the recoupment bit is. You can bet they'll not give you a check until your severance is paid back though!

Thanks. I did a search on Google and found a section in 38 CFR that states that "Compensation payable for service-connected disability incurred or aggravated in a subsequent period of service will not be reduced for the purpose of offsetting separation pay based on a prior period of service".

The way I read it, the separation pay from Aug 2000 should not be recouped but the disability severance pay from last year will be (which I already knew was going to happen). Correct me if I'm wrong.

Also, I found out the reason my PTSD claim is being deferred is because they are still waiting on my mental health records from Ft. Stewart. I've already had the C&P exam for the PTSD. I'll admit that it was hard to talk to the doctor about a lot of things, and didn't offer much information if he didn't ask. However, he said that he could tell that I was affected by it and was still having a hard time talking about it. He said I have a GAF of 60. Does anyone know how long they will wait on those records, it's been 13 months since the claim was filed?

Edited by Clayton0417
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