Not sure if my Severance will be subject to recoupment?? Help??


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I am being MEB'd from the Army for injuries sustained in Iraq; however, since the injuries (neck herniated disk and TBI) went undiagnosed for a couple of years before it got terrible and I saw a Dr the PEB results say that 'despite service members claim that injury occurred due to an IED injury in Iraq, the first medical notes did not occur until 3 years later', I'm not sure if I'll receive the benefits of having the 'combat-related' aspect. I had an LOD completed a couple of years ago which states that I was, in fact, injured as I claim by an IED in Iraq. In my Cav unit one could not just stop soldiering because of minor injuries, and as a young PFC seeing people lose legs, get shot, KIA, etc, my injury wasn't bad, which is why I didn't run to a clinic and say look at my boo-boo.

Now, I was deployed again to Afghanistan, at which time I have several complaints to Dr's that my neck was in terrible pain, and after my year tour I returned and that's when the surgeries and MEB began. My PEB findings also state on the narrative portion that the "Injury is not combat-related", but was "worsened in combat". Then in block 10, there are four bullets which are, as follows: A. The soldier's retirement is not based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in line of duty during a period of war; B. Evidence of record reflects the soldier was not a member or obligated to become a member of an armed force or reserve thereof, or the NOAA or the USPHS on 24 September 1975.; C. Disability did not result from a combat related injury as defined in 26 U.S.C. 104 and for purposes of 10 U.S.C. 10216(g).; D. Disability was incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense (NDAA 2008 Sec 1646).

Obviously, bullets A. and B. contradict bullet D, which is why I am so confused. If anyone could please help me understand I would appreciate it. Thank you for your time.



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The D is showing "direct support" of combat operations in a recognized theater. According to the Fort Lewis PEB, this is not taxed and the $ will not be recouped.

Jason Perry

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"D" is for severance pay purposes. If you are separated with severance, no tax, no recoupment. However, the rules change if you are retired. Without an A/C finding, your retirement pay will be taxed and subject to offset.


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If it is not combat related, won't it still be taxed even though it incurred in a combat zone thus not subject to VA offset?