ptsd awarded 10%, first check 2042

[gbat]

hello all,

I was awarded 10 % for tinuitus and got denied for PTSD and ibs/gerd secondary to PTSD. the PTSD (non combat) was denied for lack of stressor and non VA MH diagnosis. So secondary was a mute point.  I sent away and have the prooof of the stressor. Now am seeing VA MH doctor and VA therapist for past 4 months and it seems to be helping some.  The therapist put down a PTSD diagnosis, so I hope that gets me to a C&P exam. In 1992 I voulantarly seperated and received a special seperation bonus of 45K due to a reduction in force after 15 years.

  This past yearThe VA gave me 10% and stated that in 2042 I should receive my first check for 133.00 or close to that amount. OUCH. I am going to file NOD after I get IMO of secondary IBS/Gerd. and before 1 year time line for nod My question is . If I receive 30% for each and get 50% total does that make a difference on the payback of that SSB.

Also when I left military, a Corpsman told me to take my SMR' s so I have them. Followed his advise. Now how do I get them on MY VA health site and are they going to give me hard time if I submit with claim? Thanks for your wisdom. Alot smarter than X-VSO.

[Guest]

First things first, any and all increase and or retro payment will go to recoup that separation pay. You should look into making sure that your repayment of separation pay does not include any taxes that were taken out at the time you received it.  Now when submitting any and all new claims and your NOD make sure you submit a copy of those records that you have.

The records you have just need to be submitted to your VARO and not your VAMC.

Edited January 4, 2016 by pete992

[Vync]

Don't send your original service treatment records! Only send copies! Don't forget that back then doctors loved to write on the back pages in your medical records, so don't forget those too!

I don't recommend sending a full copy of them. Only send records which are beneficial to your claims.

[Guest]

Yes, I agree only send a copy of your service records that pertain to a claim you are filing or a decision you are appealing which if highlighted should help VA make the right decision if they don't screw it up.

[Vync]

The reason why I recommend sending only relevant medical records is to help ensure the VA staff focuses only on what matters. If you are filing for your knee, then they really have no need to sift through records for other maladies. Also, sometimes doctors might treat you and then tell you to come back in a week for a follow up. If a follow up says the condition improved, the VA has been known to use these kind of statements to downplay the severity of the condition.

[iceturkee]

22 hours ago, pete992 said:

First things first, any and all increase and or retro payment will go to recoup that separation pay. You should look into making sure that your repayment of separation pay does not include any taxes that were taken out at the time you received it.  Now when submitting any and all new claims and your NOD make sure you submit a copy of those records that you have.

The records you have just need to be submitted to your VARO and not your VAMC.

that is NOT what i was told when i got out in 1988. i was told by the va that only the original 10 percent i was initially awarded would go to recoup my seperation pay. anything above that i would receive. and i was told this numerous times!

[Guest]

1 hour ago, iceturkee said:

that is NOT what i was told when i got out in 1988. i was told by the va that only the original 10 percent i was initially awarded would go to recoup my seperation pay. anything above that i would receive. and i was told this numerous times!

ICE, there is a difference between VSI/SSB Payment and Disability Severance Pay. It really does not matter VA will get their money.  

VSI/SSB

(iii) Where entitlement to disability compensation was established on or after September 15, 1981, a veteran who has received a lump-sum readjustment payment may receive disability compensation for disability incurred in or aggravated by service prior to the date of receipt of the lump-sum readjustment payment, subject to recoupment of the readjustment payment. Where payment of readjustment pay was made on or before September 30, 1996, VA will recoup from disability compensation an amount equal to the total amount of readjustment pay. Where payment of readjustment pay was made after September 30, 1996, VA will recoup from disability compensation an amount equal to the total amount of readjustment pay less the amount of Federal income tax withheld from such pay.  (Authority: 10 U.S.C. 1174(h)(2) and 1212(c))

 

Severance pay due to disability

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 such pay 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 . 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))