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Severance Pay Recoupment Exemption

slavely

Asked by slavely,

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slavely Newbie

slavely

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I have searched for months and still have not found a clear answer on if I need to take additional action....

I was honorably (medically) discharged from the Marine Corps in 1994. I was paid severance for a cervical & thoracic injury incurred deployed in the Persian Gulf War (1991). In 2010, I began the VA disability claims process. My VA Combined rating is 50% and I am service connected for the cervical & thoracic injuries and the VA is withholding a portion for "Recoupment of Disability Severance Pay".

I have found many references that imply combat related service connected disabililities are exempt from disability severance pay recoupment.

Am I exempt from serverance pay recoupment since I am service connected for the injuries while deployed to the Persian Gulf?

If I am exempt, what do I need to do to stop the VA's "Recoupment of Disability Severance Pay"?

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jvretiredvet Rising Star

jvretiredvet

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I have found many references that imply combat related service connected disabililities are exempt from disability severance pay recoupment. That's the way it is - now. The 2008 National Defense Appropriation Act Section 1646 http://www.govtrack....4986/text made this change. However, the effective date of the change was January 28, 2008 and it was not retroactive.

Am I exempt from serverance pay recoupment since I am service connected for the injuries while deployed to the Persian Gulf? I understand that you took a lump sum disability severance way back ... is that correct? Furthermore, you are not drawing Ch 61 retirement pay ... is that correct? If so, I don't see how you can get around recoupment.

However, if you are drawing Ch61, you can apply to your service for Combat Related Special Compensation (CRSC) and the service would make that determination. here is an application form: http://www.eglin.af....-080905-039.pdf Under current rules, you can draw CRSC as well as VA disability compensation - but only if you are retired under Ch 61 or are retired with over 20 years service.

You also must remember that something that occurred while you were in a combat zone and something that occurred as a direct result of combat may be two different things.

I have searched for months and still have not found a clear answer on if I need to take additional action....

I was honorably (medically) discharged from the Marine Corps in 1994. I was paid severance for a cervical & thoracic injury incurred deployed in the Persian Gulf War (1991). In 2010, I began the VA disability claims process. My VA Combined rating is 50% and I am service connected for the cervical & thoracic injuries and the VA is withholding a portion for "Recoupment of Disability Severance Pay".

I have found many references that imply combat related service connected disabililities are exempt from disability severance pay recoupment.

Am I exempt from serverance pay recoupment since I am service connected for the injuries while deployed to the Persian Gulf?

If I am exempt, what do I need to do to stop the VA's "Recoupment of Disability Severance Pay"?

Edited by jvretiredvet (see edit history)
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justrluk Mentor

justrluk

Posted
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You need to apply for CRSC (Combat Related Special Compensation). This site:

http://www.military.com/benefits/military-pay/special-pay/combat-related-special-compensation.html

has some info of interest. You need to apply and if/when aproved you should not see recoupment any more. I believe you also get back what was taken, but you'd need to confirm this.

Go here for the Navy/Marines process:

Secretary of the Navy Council of Review Boards

Attn: Combat-Related Special Compensation Branch

720 Kennon Street SE, Suite 309

Washington Navy Yard, DC 20374

Fax: 202-685-6882

Website: www.donhq.navy.mil/corb/crscmainpage.htm

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