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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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JA852

Got an award but now VA want to recoup funds!

Question

I recently received a letter in the mail awarding me with a 50% rating. The very next day, I received another letter saying the VA would recoup all of the award money to pay the $30,000 severance pay I received upon separation from the service. There seems to be no way around this. Now , this is my question. I received $30,000 and was taxed probably around $6000, so I only received $24,000. The VA wants $30,000 and my DAV rep says it is unchangeable due to the timeframe. Is there a  way I can file with the IRS to  have the $6000 returned to me?

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I don't think so because the severance pay is taxable income

your compensation pay is non taxable

 so they adjust the $ that you recieved when you got  the 50%  if that was 30 thousand minus 6 thousand they want to recoup their $$$  I think because you were paid the 30$$ earlier.

However you should only have to pay back the 24 grand and not the 30 grand  if all you got was 24 grand

But I am not 100% sure on this  just my racking bent brain opinion

Some of the elder member's can chime in on this to save my butt. eh! 

Edited by Buck52

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Go to: M21-1mr iii _v_4_secb--it is on page 24. I dont have time copy and paste it all here...

or google Recoupment of Separation Benefits VA

[DOC]Recoupment of Separation Benefits (US Department of Veterans Affairs)

www.benefits.va.gov/.../m21-1mr iii_v_4_secb

if you add hadit.com to the google search , discussions here should pop up.

 

 
Edited by Berta

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For Exceptions to this issue see the policies governing this

at MR-21-MR Part III Sub-part v.b.6.d

just google it  read all the policies in this issue.

Its somewhat complicated.  good Luck 

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