I got out of the Marine Corps in 1999' with a rating of 10% and 0% combat related with a seperation code of JFT1-Physical Standards, Involuntary Discharge Discharge Directed By Established Directive, Honorable with severance pay. Once i got home i filed with the VA and got a rating of 50%, but could not collect my disability pay until my severance was paid back. I always felt that i was given nothing for my 9yrs. of service, that i basically got fronted a loan. So my question is my did this happen and if their is anything i can do to get that severance pay back??????

It has happened to many of us. We do not like it. First the military rates us low ball and do not retire us. They give us severance pay instead of a pension. In either case, you can only collect one amount unless you retire with 20 years or comabt related disabilities. It stinks, but it is the law and there is nothing you can do now.

It's funny because once I re-enlisted I was given a certificate from headquaters Marine Corps stating that I was a career Marine, but that doesn't matter. The fact that I gave everything and got nothing in return for my service, besides my quality of life going into the drink and dealing with the VA system. I know somebody who just got out with 10%, combat related, honorable with severance and is collecting Va disability. How can this be? Everything I been told says the complete oppisite.

It depends on the size of the severance pay. Also, I think there are special rules for combat injuries.

I also saw online that if you got out because of physical standards that the VA is not allowed to recoup your severance. Do you know of any truth behind that?

Where did you see that? All discharges for disability are for that reason - MED board and PEB. I would like to check out your source?

It was on this site under a different furum. That's why I asked if there was any truth to it. You know the old saying believe none of what you hear and half of what you see!

If you could tell me the forum and thread, I would like to see what they reference. I know of no such rule, but I admit I am not all knowing.

On military .com go to the google search box and type in Can th VA recoup severance pay due to physical standards then scroll down to brianwl there is a cat picture under brianwl. I see what he is saying, but then he said at the bottom, I'm confused?!

I tired to find it using military.com search and google without luck.

I googled and it came up with the Veterens benefit network...Brian with the cat was on it..My advice to you is to stick with MIL.COM..You will get the right info...Brians reply did not really answer the persons question on recoupment...I read through a few of the "Advice Givers" and am glad I stumbled on Mil.Com first!!!

I tried a spent an hour on it this afternoon and could not find it. I had a customer problem and a missing credit card to track down, so I quit, but I am glad another member came to the same answer I did. Unless you receive severance for combat related injuries, the VA is required by law to recoup the money. If you want I can give your the link to a document that will state that for you.

I left the service in 1982 and recieve a severance pay and in 2003 (it took me that long) I pick up my VA disability, they wanted that severance to include the tax's back first before they would pay me my VA money (still was a nice amount).

But to me what does one have to do with the other. Nobody can give me a answer except thats the law!

But in all, it worked out for I retired (went back in) and retire out of the AirGuard in 1994 and just started (2008) drawing my retirement pay for that, and I would have had to pay it back one way or another, either then or when I retired.

But it still doesn't make any sense, they pay you severance pay and when you get a VA disablility, well, those are two different things, I can understand me going back in and have to pay it back, but for a disablitity.

Just another way to get your money. I got 15K for severance, netted 13K and change and had to pay back the 15 K, now thats double taxing big time...

Unfortunately they still have not worked it out. They are changing the rules on when you have to pay back severance pay.

In 2008 Congress passed the National Defense Authorization Act. In that document Sec. 1646 changed the rules for computation of severance pay. Previously, 12 years was used as the max. # of years of service in which credit was given. As of Jan. 31, 2008 that was changed to 19 years.
My question is: Is anyone aware of any legislation that may be in the works for those of us discharged prior to 2008? It would sure be nice for the DoD to recognize all of a veterans service. I was discharged for a service connected disability after 16 years plus of active duty service in 2004. The VA recouped my severance pay for the first 3 years I was out. We need to bring attention to the fact that severance pay is a "thank you" for serving. It is a slap in the face for the military to recoup severance pay from a VA disability pay. Two entirely different things! Once again, if any one knows of any legislation that might be in the works or wants draw attention to this please notify your congressman! Thanks

http://www.usmc.mil/news/publi...F%20W%20CH%201-2.pdf

Here's the addy for the Marine Corps Retirement and Seps Manual might find your answers there. A common mistake made is when a Marine retires he cannot receive severance at the same time. Hope this helps.

quote:

Originally posted by Ophidiophobia:
http://www.usmc.mil/news/publi...F%20W%20CH%201-2.pdf

Here's the addy for the Marine Corps Retirement and Seps Manual might find your answers there. A common mistake made is when a Marine retires he cannot receive severance at the same time. Hope this helps.

Not a mistake it's a fact. Read the manual, if you receive any type of severance, separation etc. pay, it will be recouped from your retirement pay per Title 10 USC. You folks need to get up to snuff, especially those who rec'd a disability severance. That gets taxed as if it were regular pay, but you are entitled to recoup all the taxes at tax time if it was disability related.

By the way, I guess I was in visible for the last 4 years, 5 months and 18 days of my time in the Army according to the policy prior to 2008?
Anyone else in the same situation?

Yes, there are several 1000s of veterans in your same situation.

quote:

Originally posted by Ophidiophobia:
http://www.usmc.mil/news/publi...F%20W%20CH%201-2.pdf

Here's the addy for the Marine Corps Retirement and Seps Manual might find your answers there. A common mistake made is when a Marine retires he cannot receive severance at the same time. Hope this helps.

Here is an exact quote from the pdf file you linked to:


*1311. REPAYMENT OF SEPARATION PAY, SEVERANCE PAY OR READJUSTMENT PAY
*a. Per Title 10 USC 1174, Marines who have received separation pay,
severance pay, or readjustment pay based on service in the Armed Forces, which
includes service on or after 15 September 1981, and who subsequently qualify
for retired or retainer pay shall have deducted an amount equal to the total
amount of separation pay, severance pay, or readjustment pay. This amount
will be recouped from each payment of this retired or retainer pay until the
total amount deducted is equated to the total amount of separation pay,
severance pay or readjustment pay received.



readjustment pay based on service in the Armed Forces who become eligible for
disability compensation administered by Veterans Affairs, will have deducted
from such disability compensation an amount equal to the total amount of
separation pay, severance pay, or readjustment pay received. However, such
reduction shall not apply to disability compensation where the entitlement to
disability compensation is based on a later period of active duty than the
period of active duty for which the severance pay, separation pay, or
readjustment pay was received.