Large White Envelope Awarded 20% But Benefits Withheld

[52d]

Hi everybody I have been reading on here off and on and have recieved a wealth of info from this site. I filed this claim march 2011 for hearing loss, tinnitus, High cholesterol, low back pain, ankle pain from a fracture in 1989(VA says my medical record states it was a sprain) and also I filed for hip pain secondary to the ankle because i favor the other side. My story goes back to 1992 when I left active duty and I did file for the hearing loss, LBP, and ankle pain and stiffness but I never followed through and i moved several times. I have other problems(several GWI symptoms) that i have not filed yet because a friend(who is 100%) told not to load the VA with too much info, and to get my foot in the door first. I am very happy and thankful that the process has started, and hopeful it will all work out. My paperwork says that the benefits are withheld because I got separation pay($10K) when I left active duty and that it has to be reimbursed before i get any bennies. Is this true? Is there anything I can do to change it? My 20% was from 10% lumbar strain & 10% ankle sprain. I was denied service connection for bilateral hearing loss and tinnitus(this is the one I was sure I would get a % on before I took the hearing test) during the hearing test the audiologist told me that the test was inconclusive because the sounds I could hear were not matching up with the sounds when he spoke words to me. On another note I was selected for a job to work at the VA, but still going through the preemployment screening. Will this affect the outcome of the job or my disability rating? thanks in advance

[Berta]

Your disability rating should extend you some Job preference at the VA.The VA job should not affect your rating.

Maybe this will help on the separation pay.

There are other discussions here too under a hadit search for separation pay and comp offset.

Are you able to scan and post the decision here? Cover the personal stuff.

If you can get other higher SC ratings the recoup will go a little faster.

“i have not filed yet because a friend(who is 100%) told not to load the VA with too much info, and to get my foot in the door first. “

There is such a backlog of claims at VA that I disagree and feel that valid claims should be filed....yesterday....

That way ,if awarded, the earliest entitlement date .,usually always the date VA got the claim, has been preserved for the most favorable EED retro.

Do you have a Vet rep helping you?

The reason I ask is that high cholesterol is not a ratable condition.It's affects to heart, arteries, brain etc however,if it causes atherosclerosis etc, could be ratable if they SC those disabilities with medical evidence of the nexus.

In my opinion, I would get an audio exam from an independent audiologist.

“the audiologist told me that the test was inconclusive because the sounds I could hear were not matching up with the sounds when he spoke words to me” Duh, doesn't that seem to indicate you have a hearing problem? That doesnt make sense as to what he said.

The Schedule of Ratings here at hadit has the complete audio rating criteria.

If it isnt enclosed with the decision, you should go over it.

I regret that separation pay caused you to get no cash and I commend your Joy at getting SC. In that respect your friend is RIGHT! Even a “0” rating- if a SC zero,is a foot in the door.

It pays to go over the Gulf War info here before you file any GWV claims.This way the claims are shaped to highlight any GW presumptives. Claims filed for ballpark terms like “Gulf War Illness” are denied unless the vet specifies what the disabilities are. Such as IBS, fibromyalgia etc ,etc.

Congrats! -you did get Sced and that is always a good thing.

[carlie]

My paperwork says that the benefits are withheld because I got separation pay($10K) when I left active duty and that it has to be reimbursed before i get any bennies. Is this true? Is there anything I can do to change it?

Welcome,

Yes it is true.

No way out of this - if they did not recoup the separation pay

then you would be receiving double payment.

Congrats on some positive adjudication.

Berta's right - you get extra points for gooberment jobs, due to disabled vet status.

[rpowell01]

I still laugh at this rule for the fact that now I have paid in TWICE the amount of taxes to the government if you think about it. Once in June 1996 whenever they taxed my severance pay and currently as they recoup a portion of my pay. We can't double dip but the government can double tax severance pay. I never received those taxes back so how can the VA now take them back? Funny stuff.

[carlie]

I still laugh at this rule for the fact that now I have paid in TWICE the amount of taxes to the government if you think about it. Once in June 1996 whenever they taxed my severance pay and currently as they recoup a portion of my pay. We can't double dip but the government can double tax severance pay. I never received those taxes back so how can the VA now take them back? Funny stuff.

I'm in Fla and do not pay any taxes on any VA disability compensation.

The way I understand it, for tax purposes it is NOT to be counted as income.

[52d]

Thanks Berta,

Thanks Carlie,

I will scan and post the decision when i get a chance. I will have to go to the library to use their scanner.

Also will get the IMO from an independent audiologist.

Texas veterans commission helped me when I first filled out my paperwork but I haven't been able to talk to anyone since then, every time I called they told me there is nothing they can do until a decision is reached.

Just wondering am I eligible for any back pay since I filed way back in 1992?

What kind of extra points for 'Gooberment' jobs?

Should I wait until I actually start my job at the VA(the same one i was examined at) before any appeals?