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Severance Pay Recoup/ 100% temp disability

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mtmorical

Question

I'm a bit confused where to post questions, sorry if this isnt the right place.

My husband received severance pay in 2002 when he was honorably discharged. Once discharged he received no compensation or disability pay. In 2014 we received a check from the VA for about 8K and monthly 10% rate, we did not initiate the review nor did we request it. 

In Dec my husband had a TKR for SC 10% R knee and we have applied for 100% temp disability. 

I have read that they will recoup severance pay when you receive disability compensation. My questions:

Since they started paying him the 10% and he got back pay of only 8K, which for 12 years it would of been around 19K

Did they already recoup the severance?

Do the attempt to recoup when its only temp 100%?

Is there anything we can do to prevent them from taking all of the back pay or all of his monthly amount?

P.S Again thank you for all the help.

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Call Peggy (the 1-800 number), they will tell you.

Sounds like they allready have taken out his severance, if it was around $10,000.00.  

And if they did recoupe it from his 10% disability, it would have been the minus the income taxes you paid on it.  

Hope this helps,

Hamslice

 

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Also could have been an idiot at the VA that checked the wrong box for a paragraph to put into the letter regarding the severance received. Happens often... You can call the number and/or wait to see what the award bears out.

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