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May 25 09 10:34 AM
May 26 09 11:59 PM
1. The VSI/SSB were paid for a period of service based on your base pay. Let's say 10 years in our example.
2. In the case of those who later went on to serve in the Guard/Reserves you were paid as an E? over ten.
3. The recoup is clearly spelled out in title 10 and you "elected" to complete an additional period of service for retirement, in spite of the law
clearly spelling out the fact you would have to pay back the SSB to be entitled to regular retirement pay.
4. When they compute your service for retirement purposes they will add the ten years to the computations to compute your retired pay, a period you have
already been compensated for.
5. Why should anyone receive two retirement payments for the same period of service?
I doubt that my opinion is unique and may well be the approach of the Services.
as41cpo - please read my post @ http://vets.yuku.com/reply/238165#reply-238165 It will save you
looking for your contract. They can only collect the post tax amount and the appropriate references are contained in that post. Contact your VARO.
May 27 09 8:09 AM
May 30 09 11:39 PM
Jun 8 09 2:11 PM
Jul 5 09 10:13 PM
Jul 11 09 10:54 AM
Aug 12 09 5:50 PM
Aug 19 09 9:46 PM
Sep 5 09 2:23 PM
I'm not sure of the proper forum area for this topic, but I am working with Senator Chambliss' office (GA) on proposing new legislation to repeal SSB
(Special Separation Benefit) Recoupment from military retirement pay (regular and/or disability retirement). This could also be applied to VSI as well, to
include laws surrounding VA recoupment of the same.
This issue has been recently discussed by staffers in the Senate Armed Services Committee and there seems to be some interest given recent legislation and
the desire to align VA and DoD laws surrounding Disability, Concurrent Receipt, etc.
At the very least, I would hope that legislation could be presented to align the DoD laws with the VA laws surrounding SSB/VSI Recoupment. For example, DoD
still recoups the gross amount of SSB payment from retirement pay whereas the VA only recoups the net amount (20% less).
It has been suggested by the Senator's staff that I solicit help from the American Legion and other organizations for support in this issue, which I am
doing. Now I need data to support my proposal.
If anyone on this forum has any further expertise in this area, I would appreciate any input. Also, I would like to hear from people that received SSB/VSI
for a previous active duty period and subsequently retired on disability for some future active duty period and their pay has been recouped. Input from
regular retirees are welcomed as well. I need to get a feel for how many people fit into these categories.
Thanks for your help.
Sep 5 09 2:34 PM
I'm in Colorado, separated from the Navy in 1993 under SSB with 12 years active service and a Desert Storm vet. I was recently awarded (after a really
long battle), 90% disability compensation from the VA. The catch? They want to re-coup ALL of the pre-tax SSB amount that I received, which was about $40k. I
was taxed on the amount at the time and only received about $32K. The VA is making me pay back the entire $40k before they will pay me my entire monthly
disability. I will only receive about 1/3 of my monthly disability compensation until the entire $40k is paid back in Sep of 2010.
I'm still appealing for 100& disability and recently got my newly elected Congressman Jerod Polis involved. He wants me to send the original contract
I signed when I was separated back in '93, which I might still have packed away in a box somewhere.
Any tips you, or anyone else can give me to help fight this, or get new legislature introduced is greatly appreciated. Does anyone have a reference for the
actual law and title code?
Sep 17 09 11:19 AM
Sep 29 09 6:37 PM
Nov 17 09 7:09 PM
Dec 21 09 5:17 PM
Dec 22 09 3:56 PM
Dec 31 09 4:32 PM
This is a letter I mailed and e-mailed out to almost everyone I could find on the Internet, as to date I have not received one intelligent response from
anybody no congressmen or senators or veteran groups . I am in hopes one day someone will care enough about us to fix this.
Before I get into my problem I would like to say that this letter is not a complaint Letter about the medical facilities or the personnel or their
procedures I hold them in the highest regard. This letter refers to an admin problem concerning the Veterans Administration it's self and a looming problem
concerning myself and I believe a lot of other veterans.
I was honorable discharged basically not of my choosing. I received a letter from the department of the army stating that I would be denied reenlistment. I
took the letter to my commanding officer he informed me that because of my time in service and my grade that I would not be able to reenlist. I then called the
department of the army and talked to a Sgt Major there and he affirmed the validity of the letter. He stated to me that I could continue till my end of service
date, and then be discharged with nothing, or take the separation bonus that was being offered at the time. I took the bonus. The bonus was a check to me less
At the time of my discharge I received a quickie (bare bones physical) and was sent on my way, at the time I asked about my problems that I had with my back
and neck do to an injury I received while posted at Ft Belvoir, Va I was told the Veterans Administration would take care of that. After my discharge I went
to work and worked steadily till 3 years ago when I had to cut my hours and work activity because my back started giving me more problems. I filed for
Disability compensation and got 20% for my back and 10% for my leg. Since then the VA has been taking my compensation check to pay back the separation bonus
plus the taxes I paid on that bonus I received.
In Oct of this year my back completely gave out, so now I have not been able to work for the last 2 months. The state veteran's officer at the VA clinic
has told me there would not be any financial help from the VA until I go in the Hospital for surgery.
I waited for an appointment with a Neurosurgeon from the VA for a month. My appointment for surgery is for Jan 5th 2010.
From Oct 21st to Jan 5th I believe this to be long time to do without an income for an injury, especially service connected
injury. I'm sure that I am not the only one that has been in this situation.
On top of it all I still do not see the reason why I have to pay back the taxes I paid on the separation bonus that's SEVEN THOUSAND
DOLLARS THEY GET AGAIN.
We as veterans could really use some help with this from someone.
This letter dated Dec 12, 2009
U.S. NAVY 1975 THRU 1980 U.S. ARMY 1980 THRU 1992
Jan 4 10 3:10 PM
Jan 23 10 1:41 PM
David Small posted some info on my Facebook blog concerning IRS Pub 525 (attached). On page 36 there is a vague reference to repayments. “If you had to repay an amount that you included in your income in an earlier year, you may be claim the credit for the year in which you repaid it.” If I understood David correctly, we should be able to deduct what we repaid as a dollar for dollar miscellaneous itemized deduction.
I am in the process of checking with the IRS to see if VSI/SSB repayments are included since the pub doesn’t specifically address income of that type. Question: Does ROA know a tax expert that would be willing to do a little research and post his results on my blog? I ask because as you well know, the answer you get from the IRS is sometimes dependent on who you speak with. Clarification would certainly help all those who have or will have to repay that debt.
On the legislative front, if this bears out and we are allowed to deduct it from our taxes, why make the member pay it back at all? Other than attempting to discourage those who served from serving in another capacity, the repayment requirement has no value."I engourage anyone affected by the repayment to get a copy of IRS pub 525 and look at your own circumstances. You may be able to deduct the amount paid by filing an amended return for prior years or as a miscellaneous itemized deduction on this years return.
Jan 24 10 12:43 PM
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