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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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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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