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

SGTMike

Member
Registered Member
Hello,

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.

Mike
 

bigfig

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
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

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
"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.
 

maparker

Moderator
PEB Forum Veteran
Registered Member
Jason,

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?

Mike
 
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