Clayton0417 Posted August 4, 2006 Share Posted August 4, 2006 (edited) I received the brown envelope the day before yesterday. I was awarded 40% SC (this was the first claim I ever filed) with an effective date of 26 June 2005. The percentages were as follows: 10 - bilateral hearing loss, 10 - patellofemoral, left knee, 10 - patellofemoral, right knee, 10 - tinnitus, 0 - onychomycosis, bilateral toes, and 0 - anemia. However, I will not receive a retro payment because they have recouped it to pay back a separation pay I received in 2000 for my first enlistment. I called the 800 number to let them know that because I had 2 periods of active duty and the disabilities were incurred during the second enlistment they were not supposed to take back the separation pay. I quoted verbatim 38 CFR 3.700 para (a)(5)(ii) to the operator. She was patient enough to look it up while on the phone with me, and agreed that I was correct. She said put it writing and send it in and we'll see what happens. It was their mistake, but I have to prove it. B) Edited August 4, 2006 by Clayton0417 Link to comment Share on other sites More sharing options...
Guest HolliGreen Posted August 4, 2006 Share Posted August 4, 2006 Hello Clayton, Congratulations!!! Your post is most interesting in that you had two seperate enlistments and the disabilities occured during the second enlistment. Sounds a bit like my situation. I also had two enlistments and my health problems occured during the second enlistment thus leading to my medical discharge for asthma. After being a civilian for awhile multiple sclerosis reared its ugly head (MS first appeared during my time in Korea, my secong enlistment). I will check out the regulation you referenced in your post. Again, CONGRATS!!! Holli G Link to comment Share on other sites More sharing options...
Clayton0417 Posted August 4, 2006 Author Share Posted August 4, 2006 (edited) Hello Clayton, Congratulations!!! Your post is most interesting in that you had two seperate enlistments and the disabilities occured during the second enlistment. Sounds a bit like my situation. I also had two enlistments and my health problems occured during the second enlistment thus leading to my medical discharge for asthma. After being a civilian for awhile multiple sclerosis reared its ugly head (MS first appeared during my time in Korea, my secong enlistment). I will check out the regulation you referenced in your post. Again, CONGRATS!!! Holli G I'm finding out that there are many veterans who have this same situation, but don't know about the regulation. I had to give the information to my VSO. He thanked me for bringing it to his attention, because now he knows what to do if someone else comes in with the same problem. You may also want to look at 10 USC 1174, para h(2). Edited August 4, 2006 by Clayton0417 Link to comment Share on other sites More sharing options...
Guest HolliGreen Posted August 4, 2006 Share Posted August 4, 2006 Hi, I will check the USC also. Thank you! Holli G Link to comment Share on other sites More sharing options...
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