20% is better than 30% or higher.... prove me wrong

chaplaincharlie

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Yes, exactly! I spent many hours researching and talking to various people before I made my decision.

Also wanted to clarify that my severance is NOT taxed (or should not be, since I have a VA rating) so the amount is actually $115k.
Each of our life situations are different.
 

MilitaryBlake

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So what's the verdict on keeping the severance?
I'm in a similar situation
Medical separation 10%for hip

Had
3x 50% VA ratings
8x 10% VA ratings

I understand the no double dipping. It was explained to me that since even if you don't count the 10% for my hip I'm still at 100% so I won't have to worry about recoupment. View attachment 5894
Yes, this is how I understand it, and I have had it confirmed by a military lawyer, a VSO of 20 years, and other reputable folks. Again, the operative fact is that you are still 100% P&T without the DoD disability. That way you are not being double-paid for your disability.

I am now finally out-processing and then will be on terminal leave for several months. I will update the thread of my actual outcome once I am separated/paid.
 

MilitaryBlake

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Based on my research, I don't think you can "unclaim" whatever condition(s) the VA rated AND DoD found unfitting. Please post if you find out differently.

I have another post on the Navy Timeline forum with more details about my case. I had a ton of VA-rated conditions, only one that DoD found unfitting, but because that one condition forms the basis for my separation - and the DoD uses the VA's rating for it - I will still have a recoupment of 20%. Both organizations tie back to the one rating.
The way I had it explained to me is that it is not so much of a "unclaiming" as it is the issue of being "double-paid" that makes taking severance over retirement a potentially better option in SOME cases. And this is the whole reason for the posting.

Again, IF one is 100% without their DoD rated condition, then there is no double payment, and the VA by law must pay for everything the SM is entitled to.
 

MilitaryBlake

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I am in the same boat, with 18 VA-rated conditions. The one unfitting condition is only 20% and way down the list, but because DoD is separating me based on that one condition and paying me severance for it, I can't also get the full 100% monthly VA compensation because I would be getting paid twice for that one condition. Instead, they will take $281 per month - the current amount for a single 20% rated condition - out of my VA compensation until my severance has been recouped. Or it might be more - at $281/month, it will take them ~50 years to recoup it.

There's no way to "not consider" your unfitting condition in the equation. The severance pay is predicated upon you having an unfitting condition, so regardless of how far down your full list of VA ratings it is, it will always be considered by the VA as part of your overall monetary compensation. And you can't get paid for the same condition twice.
I do not believe this is the case. This is not the way it was explained to me, again, by several very reputable folks (one including military lawyer, another by VSO who has 20 years in service with VA finance department). Lets discuss more. If I understand your condition correctly, you should NOT have to repay the severance pay you obtain from your single 20%-rated condition.
 

nsmartin1980

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I do not believe this is the case. This is not the way it was explained to me, again, by several very reputable folks (one including military lawyer, another by VSO who has 20 years in service with VA finance department). Lets discuss more. If I understand your condition correctly, you should NOT have to repay the severance pay you obtain from your single 20%-rated condition.

I should know within 60 days or so and will plan to update this thread once my actual numbers are in place for the monthly VA. I'll see if I can get a hold of my VA liaison in the meantime.
 

MilitaryBlake

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I should know within 60 days or so and will plan to update this thread once my actual numbers are in place for the monthly VA. I'll see if I can get a hold of my VA liaison in the meantime.
I should clarify. As you already know, there are varying levels of competencies in GOV service. Both military lawyer and VSO stated that is the way, per regulations, it SHOULD pan out. But it may not because it is a situation that is relatively rare (folks still have 100% after removing DoD condition AND less than 20%) and therefore you may get someone who is not aware of regulation and may take it away. But I have been counseled if that is the case that I need to fight to have it returned. I will be eager to hear of your outcome, I will update mine as well once I receive the pay.
 

nsmartin1980

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I should clarify. As you already know, there are varying levels of competencies in GOV service. Both military lawyer and VSO stated that is the way, per regulations, it SHOULD pan out. But it may not because it is a situation that is relatively rare (folks still have 100% after removing DoD condition AND less than 20%) and therefore you may get someone who is not aware of regulation and may take it away. But I have been counseled if that is the case that I need to fight to have it returned. I will be eager to hear of your outcome, I will update mine as well once I receive the pay.


My VA liaison responded and said:

  1. It is my understanding if your combined evaluation remains the same after the they deduct the percentage for the condition you receive the severance pay for they do not recoup the severance pay.
  2. If they do recoup they will use the payment for the condition you receive severance pay for. 20% $281/month
So it seems it SHOULD be as you stated (and what my VA guy says) but as always, depends who gets the case and determines the numbers. I will certainly ask the question when the time comes in a few weeks, and try to remember to update this thread when everything is finalized. Good discussion! Thanks for the question and for sharing your experience.
 

Bmbj87

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I'll
Yes, this is how I understand it, and I have had it confirmed by a military lawyer, a VSO of 20 years, and other reputable folks. Again, the operative fact is that you are still 100% P&T without the DoD disability. That way you are not being double-paid for your disability.

I am now finally out-processing and then will be on terminal leave for several months. I will update the thread of my actual outcome once I am separated/paid.
I just seperated may 22nd and am waiting on my severance. I'll post an update when I get it and see what they do. Thanks for the info
 

Bmbj87

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Update: I recieved my disability severance and have now received my second full 100 percent monthly amount.
 

MilitaryBlake

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Full VA monthly amount right? That is good news...
Thxs for making the effort and coming back to repost
 

Bmbj87

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So correct me if I'm wrong they take out the 20% dod rating which is $281
For me since without adding in the unfitting condition I am still 100% they deduct nothing. I've received 3 full payments.
 

Bmbj87

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Do you by any chance know how they recoup the payment
If you are in a situation where the va is going to recoup they just take the amount out of your monthly entitlement prior to paying you? Or did you mean something else?
 

BMM8224

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If you are in a situation where the va is going to recoup they just take the amount out of your monthly entitlement prior to paying you? Or did you mean something else?
So for example they take 10% rating which would be $142 or do they take old 10% of your whole rating for example $1000 would make it $900
 

Bmbj87

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I see. So they only recoup the amount for the unfitting condition so it should only be the 10% rated amount for your example, not 10% of the whole amount. I did alot of reading and research on this very subject and this is how the va's rules read.
 

nsmartin1980

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For me since without adding in the unfitting condition I am still 100% they deduct nothing. I've received 3 full payments.
Same for me, I've received 2 payments with nothing recouped. One unfitting condition (20%), but I was rated for 19 total by the VA so I'm easily at 100% without the unfitting condition.
 

edwards7986

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So obviously i have been posting alot on this issue because if it is accurate, I think it is really really odd and places Servicemen and Women with more serious DoD conditions at a huge disadvantage over those with less serious. Should go without saying that the title is somewhat of a misnomer, given that 20% is better than 30% for only very specific situations. Situations as I am about to articulate below.

If a SM is separated, not retired (10-20% DoD disability rated), and has a 100% VA rating, and enough ratings that they still reach 100% without the DoD ratings (conditions), they should get both their severance from the DoD, and their 100% VA check monthly because there is no double-dipping (i.e. a condition for which one is receiving both DoD and VA pay). There has been a lot of chatter about this on this thread lately:


Severance pay recommended, now what?

Ron's postings, the VA citation, and also my attorney all seem to corroborate this.

However, if I read the CRDP rules/regulations correctly, for SM's whose injuries did not occur while in battle, OR do not have 20+ years, they cannot receive BOTH DoD and VA pay, regardless if they are for similar conditions or not. So, take my example above; SM gets 20% DoD and 100% VA (and has extra conditions) they will get severance with 100% VA disability pay. BUT...

If they have a more serious condition, say 30% on the DoD side, (again, no 20+ years and not combat related) they will be considered retired (not separated) but will not get severance, only VA disability (assuming that it is not more advantageous to take DoD pay). Even IF they have enough VA-rated conditions that they are 100% without their DoD conditions.

This seems so backwards to me. Can anyone confirm? I confirmed as much with my attorney today (he did concede that indeed, this is a very rare situation). This is kinda important to me because this is my exact situation. If it is all accurate then not only would it not be doing me any good requesting a formal PEB but it would actually really hurt me.
i tend to disagree because the perk of severance pay is only a temporary kick( nice check) but not enough for a lasting impact. dod retirement is forever. with a big perk of tricare for family and a check if va runs out. 100 percent va cand be taken away or lowered at any moment whether its [email protected] or not as many of us have found out. the lure of a severance check is just that, its a lure. take the retirement
 
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