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.
 

marioa

PEB Forum Veteran
Registered Member
#11
Shouldn't your PEB decision paperwork come back stating that your injury was combat related and not subject to being recouped by the VA? I know mine did.
 

marioa

PEB Forum Veteran
Registered Member
#13
So check with your MSC because basing on what I was told you do not have to pay back a dime...
you got pretty quick 3 days after your Final day.... did you talk to DFAS ?
heketr42, the only thing I wanna caution against is that I was discharged on the 30th of September and still haven't received my disability severance pay. So...you know, be ready to be "patient".
 

magoo853

PEB Forum Veteran
Registered Member
#14
So check with your MSC because basing on what I was told you do not have to pay back a dime...
you got pretty quick 3 days after your Final day.... did you talk to DFAS ?
I did call DFAS to check the status but it did not rush anything. They just told me the process and what my account was showing for payment. I assume I just got lucky. My MSC told me I would have to pay back the severance pay...Why would I not have to? What did your MSC say that would make you think I would be in the same boat? Thanks!
 

HEKETR42

PEB Forum Veteran
Registered Member
#15
well if you rating add up to 100% including your MEB condition rating, then yes you will payback your severance pay but if you rating of all your condition excluding your MEB rating is equal ton100% you will not have to pay anything back. Now this is what my MSC Explained to me. and the reason of me not have to pay anything back to VA is because I'm still 100% without counting my rating from my MEB Condition.

I.E.
MEB Condition 20% plus a, b, c conditions = 100%

a,b,c,= 100% Rating excluding MEB
 

magoo853

PEB Forum Veteran
Registered Member
#17
well if you rating add up to 100% including your MEB condition rating, then yes you will payback your severance pay but if you rating of all your condition excluding your MEB rating is equal ton100% you will not have to pay anything back. Now this is what my MSC Explained to me. and the reason of me not have to pay anything back to VA is because I'm still 100% without counting my rating from my MEB Condition.

I.E.
MEB Condition 20% plus a, b, c conditions = 100%

a,b,c,= 100% Rating excluding MEB
I talked to the VA today about this and they said that it was incorrect and I will have my VA comp offset but it probably just hasnt caught up yet. I called DFAS the day I got out and started pinging them.
 

brohammer

PEB Forum Veteran
Registered Member
#18
Out if curiosity how did they determine you less than 30%? I pretty much know this will happen with me, despite being at 70% now.
 

gsfowler

Staff Member
PEB Forum Veteran
#19
Out if curiosity how did they determine you less than 30%? I pretty much know this will happen with me, despite being at 70% now.
If you start at 70% TDRL, it is almost impossible to be dropped below 20% resulting in a severance.

You would have to make such a dramatic improvement in your symptoms in which you only have mild and transient symptoms which decrease your work efficiency and perform your occupational tasks only during periods of significant stress, or your symptoms are completely controlled by medication.

If you indeed made such an improvement, then it would be a reward to have the rating decreased to 10%. The cold hard facts of the matter are that as you are aware, this is a stressful time for you, and there may be many more stressful days ahead. You are looking at a potential transition and there are quite a few questions that are still to be answered. The VA docs know this, therefore they are not going to change a diagnosis unless there is clear and unmistakable evidence that you have improved.
 

brohammer

PEB Forum Veteran
Registered Member
#20
Well that’s the thing, I have not reported any symptoms since I’ve gone through this process and the only symptoms that have been observed are mild speech poverty (really?) and blunted effect. They say everything else is controlled by medication, but somehow they listed persistent delusions/hallucinations. I have no idea why it was rated so high, and why I feel like it is an agenda.

Also say I have significant work and social impairment ( they took my clearance away, I’m not allowed to do my core tasks). As far as social impairment, I’ve alwsys been reserved, I don’t see that changing, hardly believe it is a mental illness.

This diagnosis, bars me from staying in the military, getting the same job outside the military or being able to do anything in law enforcement. I would have MUCH rather separated with no diagnosis and no benefits. It bars me from every job I have a desire to do. They basically made me out to be this almost completely dysfunctional person, when I am not AT ALL.
 
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