Severance Deduction

[starving030]

I am curious about a certain section in title 10 usc. From how this reads, anyone that has been medically seperated since 9/11 would not have to pay back their severance pay as long as they have the National Defense Service Medal.(red highlighted portion)

The way I see it, if someone got the National Defense Sevice Medal after 9/11 they were part of the operations pertaining to the war on terror.(green highlighted portion)

If I am in fact reading this right, the VA should not be deducting my monthly check since I had surgery in 2006 while still on active duty. It didn't fix anything(made it worse) and was seperated in 2007. So my condtion was aggravated/worsened in 2006 during the war on terror, therefore the VA deducted money from me contrary to what this statute says.

(d)

(1) The amount of disability severance pay received under this section shall be deducted from any compensation for the same disability to which the former member of the armed forces or his dependents become entitled under any law administered by the Department of Veterans Affairs.

(2) No deduction may be made under paragraph (1) in the case of disability severance pay received by a member for a disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense.

http://www.law.cornell.edu/uscode/text/10/1212#d

Criteria
It is awarded for honorable active military service as a member of the armed forces of the United States including the Coast Guard, between June 27, 1950 and July 27, 1954, (Korean War), between Jan. 1, 1961 and Aug. 14, 1974, (Vietnam War), between Aug. 2, 1990 to Nov. 30, 1995 (operations Desert Shield and Desert Storm), and currently from Sept. 11, 2001 to a date to be determined (terrorism attacks on the United States). Service members who earned the medal during the first qualifying period, and who again became entitled to the medal, wear a bronze star on the ribbon to denote the second award of the medal.

http://www.afpc.af.mil/library/factsheets/factsheet.asp?id=7803

BTW, I was actually there. I'm not trying to cheat the system. But a lot of people could if how I am reading this is true. Any thoughts on how this statute is written? Or if this seems to possibly have large legal ramifications for the VA and severance deductions?

[apachegirl]

If that were true, then I got hosed in 2003.. .considering I had 2 periods of service 1992 - 1994 AND 2000 to 2003... they still took my severance: all 18,000 of it.

[Philip Rogers]

I can't see how as there is a combat related requirement. I received mine around 1965-66. I've always considered it one of those "feel good" medals, like California people would expect. I thought everyone got one. jmo

Not to say you're not correct but I just don't see it.

pr

Edited September 19, 2013 by Philip Rogers

[apachegirl]

I was always told your injuries had to be combat related for the severance not to be deducted (and that was effective way after I was discharged).

[Guest]

CFR 38 part 3.700 (3)

Severance pay. Where the disability or disabilities found to be service-connected are the same as those upon which disability severance pay is granted, or where entitlement to disability compensation was established on or after September 15, 1981, an award of compensation will be made subject to recoupment of the disability severance pay. Prior to the initial determination of the degree of disability recoupment will be at the full monthly compensation rate payable for the disability or disabilities for which severance pay was granted. Following initial determination of the degree of disability recoupment shall not be at a monthly rate in excess of the monthly compensation payable for that degree of disability. For this purpose the term “initial determination of the degree of disability” means the first regular schedular compensable rating in accordance with the provisions of Subpart B, Part 4 of this chapter and does not mean a rating based in whole or in part on a need for hospitalization or a period of convalescence. Where entitlement to disability compensation was established prior to September 15, 1981, compensation payable for service-connected disability other than the disability for which disability severance pay was granted will not be reduced for the purpose of recouping disability severance pay. Where entitlement to disability compensation was established on or after September 15, 1981, a veteran may receive disability compensation for disability incurred or aggravated by service prior to the date of receipt of the severance pay, but VA must recoup from that disability compensation an amount equal to the severance pay. Where payment of severance pay was made on or before September 30, 1996, VA will recoup from disability compensation an amount equal to the total amount of the severance pay. Where payment of severance pay was made after September 30, 1996, VA will recoup from disability compensation an amount equal to the total amount of the severance pay less the amount of Federal income tax withheld from such pay. For members of the Armed Forces who separated under Chapter 61 of title 10, United States Code, on or after January 28, 2008, no recoupment of severance pay will be made for disabilities incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Department of Defense. (Authority: 10 U.S.C. 1174(h)(2) and 1212(d))

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=4e63712e97a61cf730562f6f5f5b0067&rgn=div8&view=text&node=38:1.0.1.1.4.1.74.219&idno=38

Edited September 19, 2013 by pete992

[apachegirl]

Thanks Pete - exactly as I thought - much later than my discharge lol go figure