Severance pay question

kaylac1232

Registered Member
#1
So,
TDRL Re-eval came through and they are giving me Discharge with Severance Pay. I agree with the findings, except their findings that it didn't start in combat zone. How long normally does it take to fight the board that it was caused from combat zone, so I don't have to pay back? Also, should I lose, how much is taken out every month? 10% DOD, 50% VA for same condition.
 

ksteele1985

PEB Forum Veteran
Registered Member
#2
So,
TDRL Re-eval came through and they are giving me Discharge with Severance Pay. I agree with the findings, except their findings that it didn't start in combat zone. How long normally does it take to fight the board that it was caused from combat zone, so I don't have to pay back? Also, should I lose, how much is taken out every month? 10% DOD, 50% VA for same condition.
Separation Recoupment FAQs
https://www.dfas.mil/retiredmilitary/newsevents/news/separationrecoupmentfaqs.html

As far as your combat code, I don't understand how this wasn't caught prior to you going on TDRL about your injuries not being combat related or did I read this wrong? Did they changed it?

I would call ask if you can put in for a reconsideration and provide them with evidence that supports your claim your disability is combat related prior to signing the acceptance or question why it was changed. It could have been an admin error.

It is hard to prove injury from combat zone sometimes because the requirement requires official recognition that you were in a combat zone and were harmed in an armed conflict. DoD (not VA) decides whether a disability was incurred in the line of duty in a combat zone or during combat-related operations. This information is usually included in the decision letter regarding your disability severance pay. If you have solid evidence like medical records, casualty reports, morning reports it could help your case and is worth a shot to see if you can get them to change the combat code.

The VA is required by law to withhold disability compensation payments for service members who received a disability severance payment when they separated from the military, if the VA disability compensation is for the same disability. This is to prevent a veteran from receiving duplicate benefits.

You could try calling the debt management center for the VA they might have more answers for you.
https://www.va.gov/debtman/
 
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gsfowler

Staff Member
PEB Forum Veteran
#3
So,
TDRL Re-eval came through and they are giving me Discharge with Severance Pay. I agree with the findings, except their findings that it didn't start in combat zone. How long normally does it take to fight the board that it was caused from combat zone, so I don't have to pay back? Also, should I lose, how much is taken out every month? 10% DOD, 50% VA for same condition.
10% is $133.57 per month if you are unable to get CZ approved.
 

kaylac1232

Registered Member
#4
Thank you for the information ksteele. I called debtman and they say they only deal with over payments not severance pay. I called VA benefits payment line and they stated the whole disability check is withheld, not just 10% gsfowler. Gsfowler, do you have any resources that show that it is based on the rating from the DOD of how much is taken out?
 

kaylac1232

Registered Member
#5
§ 3.700 General.

Where the disability or disabilities found to be service-connected are the same as those upon which disability severance pay is granted, or where entitlement to disability compensation was established on or after September 15, 1981, an award of compensation will be made subject to recoupment of the disability severance pay. Prior to the initial determination of the degree of disability recoupment will be at the full monthly compensation rate payable for the disability or disabilities for which severance pay was granted. Following initial determination of the degree of disability recoupment shall not be at a monthly rate in excess of the monthly compensation payable for that degree of disability. For this purpose the term “initial determination of the degree of disability” means the first regular schedular compensable rating in accordance with the provisions of subpart B, part 4 of this chapter and does not mean a rating based in whole or in part on a need for hospitalization or a period of convalescense.

I am rating 10% for depression/PTSD from DOD, while 50% for depression/PTSD from VA. According to the aforementioned U.S. Code info, do they recoup based on my DOD rating or my VA rating?
 

rconnell3

Registered Member
#6
§ 3.700 General.

Where the disability or disabilities found to be service-connected are the same as those upon which disability severance pay is granted, or where entitlement to disability compensation was established on or after September 15, 1981, an award of compensation will be made subject to recoupment of the disability severance pay. Prior to the initial determination of the degree of disability recoupment will be at the full monthly compensation rate payable for the disability or disabilities for which severance pay was granted. Following initial determination of the degree of disability recoupment shall not be at a monthly rate in excess of the monthly compensation payable for that degree of disability. For this purpose the term “initial determination of the degree of disability” means the first regular schedular compensable rating in accordance with the provisions of subpart B, part 4 of this chapter and does not mean a rating based in whole or in part on a need for hospitalization or a period of convalescense.

I am rating 10% for depression/PTSD from DOD, while 50% for depression/PTSD from VA. According to the aforementioned U.S. Code info, do they recoup based on my DOD rating or my VA rating?

If you get VA comp for 50% monthly, then 10% will come out each VA payment until recoupment is paid in full. So yes DOD rating.

Unless ofcourse you fall into the category of no recoupment
 

magoo853

PEB Forum Veteran
Registered Member
#7
So I just received my first VA check and they did not deduct anything for my severance pay from the Air Force. Not sure what happened because my ratings from the AF were not combat related. I was discharged with DISABILITY, SEVERANCE PAY, NON COMBAT (ENHANCED). Any ideas?
 

jessylynn

PEB Forum Veteran
Registered Member
#8
So I just received my first VA check and they did not deduct anything for my severance pay from the Air Force. Not sure what happened because my ratings from the AF were not combat related. I was discharged with DISABILITY, SEVERANCE PAY, NON COMBAT (ENHANCED). Any ideas?
It may a take a bit for it to catch up. My husband had an education debt that was supposed to be withheld by the VA and it took 6 months for them to start. Either way, it may be a good idea to start putting the amount that will be deducted into savings in case they ask for it back/ start taking it out so you aren't used to budgeting with all of it included.