Good morning all,
I have a possible erroneous situation I was wondering if someone could help me out with. A few facts to start.
Active Duty Dates: 28SEP2005 -27FEB2013
Disability Submission Date: March2012
Percentage Award Date: March2013
Obtained Separation Pay due to denial of PTS (Perfom to Serve).
Obtained 60% disability due to various items.
I received my paperwork telling me of my disability rating and what not just yesterday. The paperwork informed me that due to my severance package (which is not related to my disability in any way shape or form) I would not receive back disability pay or future payments until the severance pay (minus taxes I think) was recouped.
I spoke with a friend and his sage advice (which his disability situation is different than mine hence me coming here) was that because my disability and severance pay were not related, the VA should not be attempting to recoup the monies. Is this accurate? Should I obtained the full back paid amount because my separation and disability are not related?
I'm in the same situation as you brotha.... The VA will recoup your severance pay.. So instead of getting your 60%(about 1,026/month) you'll have to wait 1,026 x year(s) = severance pay before you start receiving disability. I think I got that right. Someone correct me if I'm wrong
It sounds like you need to talk to both VA and possibly DFAS. I am not sure about VA recouping any monies as well as your severance pay being service connected.
You need to check with VA though and possibly a VSO. I am sure others will comment here who are far more informed than I am. So take my advice with a grain of salt if you will.
Finally, never go to friends to fact check, each situation is different even if you have the same injury. Always, and I mean always do your own research for your own benefit.
The friend has experience in the situation, hence me going to him first. I had a lot of known unkowns and unknown unkowns, hence going to someone with information right away. That doesn't mean I stop seeking intel right there.
Additionally, my sep pay is NOT connected to my disability.
Well that sounds odd in my opinion. Since the two REASONS for compensation are unrelated, for what reasons do they recoup the monies? It seems to me like there is no reason other than "because we want to".
The VA is required by law to recoup Separation or Severance pay. These are different type of pay you may receive from the military upon discharge. Here is a brief overview of how recouping may work.
For separation pay the VA will recoup the full after tax amount using a flat tax rate base on the year of discharge. And will recoup your full monthly VA compensation payment until payback in full.
For severance it gets complicated. The will recoup the after tax amount base on the year of discharge. The amount recoup per month will depend on the severance condition(s) initial total percent.
The VA may not recoup if the separation pay is received as VSI or Volunteer Separation Incentive, but this has different guide lines.
Your DD214 may had the type of Separation you received, If not DFAS should be able to provide the information. This is where the VA would go for the information, (DD214 or DFAS)
You also want to make sure that the VA have the correction Gross amoun, if not this can back an bit in the but later.
If you are in Florida I will be glad to help you I have contacts in St Peterburgs Region Office.
Sorry to hijack this thread but I have a related question. When I left the Army I received a 30% rating. My hand got smashed in an up armored Humvee door, it never healed right and it used to ache when I write. Well long story short here I am three years later and it is excruciatingly painful to try and grip any kind of writing tool for a short period of time, often only being able to write a few sentences before having to stop. (I only realized this once I started up school again, and you don't write much in the infantry. My question is this: Should I get re-evaluated? If so where do I begin that process? Should I go see a doctor right away? Both? The pain isn't the same on a keyboard, so I tend to type as much as possible, which needless to say is affecting my ability to do well in class tests/quizzes, thinking more about the pain than the test. Is there a time limit before you can file to have it looked at further?
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They do not compensate for pain. So that will not get your rating increase.
Beyond that it is rude to hijack an unrelated topic. Ask in open discussion or start a new topic.
clwade, I do live up here in North Florida and would appreciate any help you can give. I was twice passed over for 0-4 and received a separation pay in 1999. Returned to AD in 2002, and retired in 2012. I just received my VA award and first VA check on 1 April. I also just got my DFAS recoupment letter today (expected) and that will start on 1 August. Will the VA also "cut off" my disability checks? Or because most/all my disability occured after my AD return, is it off limits??
Thanks for the help, from you or anyone else.
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