Recoup of Severance pay Question in VA Disability Claims (General) Forum

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Recoup of Severance pay Question

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spaz

Recoup of Severance pay Question

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Posts: 227

Aug 1 11 9:59 AM

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I am currently rated 60% and I have recently filed for increase and other disabilities waiting on the results.. I was medically discharged in 2003 . The condition I was medically discharged for the VA deemed not service related but they have rated other conditions. I was given separation pay. This has been since 2003 the question is will the VA still try to recoup the Severance pay even though they did not rated the condition that caused the medical discharge and led to the severance? I have researched this and got mixed results. I have been told I do not have to pay back the severance because the disability I currently receive does not have anything to do with my medical discharge and the 20% rating I received from the ARMY. Any expert advice would be appreciated. I have been recieving disability since 2003 and the VA never mentioned anything about recoup of Severance.

Edited 1 time by spaz Aug 1 11 10:01 AM.

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pgwvet

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Posts: 1403

Aug 1 11 12:39 PM

spaz wrote:
I am currently rated 60% and I have recently filed for increase and other disabilities waiting on the results.. I was medically discharged in 2003 . The condition I was medically discharged for the VA deemed not service related but they have rated other conditions. I was given separation pay. This has been since 2003 the question is will the VA still try to recoup the Severance pay even though they did not rated the condition that caused the medical discharge and led to the severance? I have researched this and got mixed results. I have been told I do not have to pay back the severance because the disability I currently receive does not have anything to do with my medical discharge and the 20% rating I received from the ARMY. Any expert advice would be appreciated. I have been recieving disability since 2003 and the VA never mentioned anything about recoup of Severance.

why have you not file a claim for what the service discharged you for? once you start get the SC for it you can get your taxes back. The VA can only take back at the rate you was given, 20%

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dally7777

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Posts: 3246

Aug 1 11 5:42 PM

I would only like to clarify that repaymemt is based on what the VA rates your Med board conditions; not what the PEB does.

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spaz

#3

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Posts: 227

Aug 1 11 7:38 PM

Jim I was medically discharged because I was diagnosed with Thoracic Outlet Syndrome. I had surgery to my shoulder and it caused the Thoracic Outlet. I am service connected for the shoulder injury but not the Thoracic Outlet. The VA stated that the Thoracic is not service connected? It was a LOD injury and is well documented in my SMRs. The VA stated there was no mention of the Thoracic during the C&P only issues with the shoulder and the surgery I had. I even appealed the decision and still denied. My guess it was lumped in with the shoulder injury. If I am not receiving disability for the Thoracic they will not try to recoup the severance because that is what I was med boarded on is that right?

Edited 1 time by spaz Aug 1 11 7:41 PM.

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pgwvet

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Posts: 1403

Aug 2 11 10:49 AM

spaz wrote:
Jim I was medically discharged because I was diagnosed with Thoracic Outlet Syndrome. I had surgery to my shoulder and it caused the Thoracic Outlet. I am service connected for the shoulder injury but not the Thoracic Outlet. The VA stated that the Thoracic is not service connected? It was a LOD injury and is well documented in my SMRs. The VA stated there was no mention of the Thoracic during the C&P only issues with the shoulder and the surgery I had. I even appealed the decision and still denied. My guess it was lumped in with the shoulder injury. If I am not receiving disability for the Thoracic they will not try to recoup the severance because that is what I was med boarded on is that right?

They will do that, if you have three things in one system the VA will give you a rating on the one that will give you the best rating. That is how the law is set up.

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spaz

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Posts: 227

Aug 2 11 12:15 PM

Could that be to my benefit since I am not rated for what I was Med Boarded on so they can not recoup the severance?

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pgwvet

#6

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Posts: 1403

Aug 4 11 9:15 AM

spaz wrote:
Could that be to my benefit since I am not rated for what I was Med Boarded on so they can not recoup the severance?

I see not problem with it.

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