Question

[Letmeleave]

P3 in Beginning of Jan
Met PEBLO and MSC Beginning of Jan
Completed C&P exams and initial claim listed as Jan 30
Signed NARSUM Middle of Feb
Received unfit memo March 24
VA rating ???

I’ve been stonewalled by my PEBLO and MSC with what sadly seems the typical response “just have to wait” or “don’t know yet” but I recently spoke with a VA rep and they told me the hold up was due to missing treatment records. First I heard about anything and the information on Va.gov just recently reflected their statement. I emailed my PEBLO and MSC regarding this and received their typical responses. I was able to contact my ombudsman and they will be contacting me Monday. I see new information listed under my claim details and I was just wondering if anyone could shed some light on what this might mean? Any help or advice is appreciated. I have other claims listed as well as these but this is new. Does this mean that they are requesting clarification or that they requested clarification and it has been received?

 

[Letmeleave]

Just an update. I spoke to the ombudsman yesterday and they explained everything. Basically the va requested clarification on 6 claims back in March first from my peblo and my peblo stated she did not have any additional information to submit. Mind you I asked her pretty regularly for updates and was never told anything. Second on June 14th last Friday they sent out the request to the qtc clinic I called them yesterday and was assured they are looking into it and I’m going to call them again today just to touch base. All I can say is I’m thankful for the ombudsman because my case was just sitting around collecting dust until I contacted them. I partly blame myself for not being more proactive and involved in making sure other people were doing their jobs but honestly I didn’t think I had to. Lesson learned. Hopefully even with the delay at least the the va will get the clarification needed to progress and get it right. Here’s to hoping.

 

[12Mustang05]

First I would like to say do not blame yourself for others dropping the ball. I was found unfit 26 Mar and have recently found myself I a similar situation( thank god for this forum it has been a great help and stress reliever) ok back to the story last week on the 13 I gave the Va a call to ask them what is the hold up being that we are approaching the 3 month mark without a sign of proposed ratings. I was told they needed clarification on my knee which was news to me because I had just called them a few weeks ago and they said nothing was needed and also had my Peblo who had the MSC check and also said they had no clue why my claims were taking so long everything look fine. So with the new information I found out, I went back to my peblo that day and told him what was said. He being in disbelief because they just checked made a few calls and found out that a request for clarification was made ...guess what day the 13 of June.. what a coincidence. At that point he called my C and P doctor directly on the spot and had her take a look the request and she said she would handle it. Found out today that she did I called to confirm the confirmation lol now I'm back waiting hopefully not long. I guess the moral of the storyy is you can only do what you can do making the necessary calls and confirming things are being completed seems to at least stop the excuses. There are so many ways your claims can get delayed and yes people not doing there jobs is one of them ,just keep doing what you are doing let them feel your presence throughout the process and now that you know your Peblo is one of the culprits. I would just confirm and confirm the confirmation lol. Good luck hope you get your rating soon looks like you have been waiting as long as me.

 

[Letmeleave]

Wow, the similarities with your process thus far are shocking. You’re absolutely right. I’ve definitely learned my lesson unfortunately the hard way but learned none the less. Thanks I appreciate it. Good luck to you as well. Definitely hope you hear some good news ASAP.

 

[Letmeleave]

Update

Qtc completed the clarification and it went through their QA stage before being sent back to the VA. Ombudsman called me today to let me know they will inquire about where my case stands and what I have to look forward to since the initial clarification request was made on June 14th. Wife is due in a couple months. Never thought I’d be waiting 180+ days to get this over.

 

[12Mustang05]

Update

Qtc completed the clarification and it went through their QA stage before being sent back to the VA. Ombudsman called me today to let me know they will inquire about where my case stands and what I have to look forward to since the initial clarification request was made on June 14th. Wife is due in a couple months. Never thought I’d be waiting 180+ days to get this over.

Yes the process can make you weary waiting, stay on them hold them accountable and good luck. Will keep an eye out for updates in your situation.

 

[Letmeleave]

Update

Ombudsman called me today and informed me the VA has received sufficient clarification. Now there is “request 3 secondary action needed” listed anyone more familiar with this or know what this could pertain to?

 

[JMatt33]

I’m in the same boat been waiting since March 15th and no one can’t tell me why my case is taking long when they aren’t asking for any clarification

 

[Letmeleave]

Can’t believe it finally happened!!!

 

[Letmeleave]

Update just signed DA199 ended up with 10% DOD
100% VA
Overall I’m happy with it and just relieved to have some solid information to build a framework around now. Thanks everyone here for everything. Will update as this process closes out.

 

[RonG]

Update just signed DA199 ended up with 10% DOD
100% VA
Overall I’m happy with it and just relieved to have some solid information to build a framework around now. Thanks everyone here for everything. Will update as this process closes out.

[edited to add...see post no. 18 re: additional research]
Congratulations...

100% VA compensation results in a nice amount of money each month.

Since your rating is 10% from the DoD, I infer your will also receive disability severance pay from DFAS .

Disability Severance/Separation Pay: The VA is required by law to withhold disability compensation payments for veterans who received a disability severance payment when they separated from the military (Chapter 61), if the VA disability compensation is for the same disability. This is to prevent a veteran from receiving duplicate benefits.

The VA will not deduct compensation pay if the military disability severance pay was received for disabilities incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Department of Defense (DoD.

Ron

 

[Letmeleave]

My understanding is that the 10% will be deducted from the 100% as a form of recoupment. I’ll receive the severance pay first then I’ll receive compensation from the VA of course with the 10% DOD recoupment factored in. Am I at least close in my understanding?

 

[RonG]

My understanding is that the 10% will be deducted from the 100% as a form of recoupment. I’ll receive the severance pay first then I’ll receive compensation from the VA of course with the 10% DOD recoupment factored in. Am I at least close in my understanding?

[edited to add...see post no. 18 re: additional research]
M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits

III.v.4.B.3.b. General Policies Regarding Withholdings to Recoup Disability Severance Pay

Generally, if a Veteran received disability severance pay, VA must withhold from his/her monthly compensation an amount equal to the monthly compensation payable for the disability(ies) for which the Veteran received disability severance pay. VA continues to withhold this amount until it has recouped the amount specified in M21-1, Part III, Subpart v, 4.B.2.d.

Important:

• The monthly withholding may never exceed the monthly amount of compensation payable based on the initial, compensable rating, as defined in M21-1, Part III, Subpart v, 4.B.3.c, that VA assigns the severance-pay disability(ies).

Ron

 

[geotronico]

M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits

III.v.4.B.3.b. General Policies Regarding Withholdings to Recoup Disability Severance Pay

Generally, if a Veteran received disability severance pay, VA must withhold from his/her monthly compensation an amount equal to the monthly compensation payable for the disability(ies) for which the Veteran received disability severance pay. VA continues to withhold this amount until it has recouped the amount specified in M21-1, Part III, Subpart v, 4.B.2.d.

Important:

• The monthly withholding may never exceed the monthly amount of compensation payable based on the initial, compensable rating, as defined in M21-1, Part III, Subpart v, 4.B.3.c, that VA assigns the severance-pay disability(ies).

Ron

Thanks for the clarification. So, if I'm being rated at the PEB for 4 conditions but VA approved 10. The amount withheld by the VA would be equivalent to only those 4 conditions? Thanks in advance for clarifying.

G

 

[RonG]

Thanks for the clarification. So, if I'm being rated at the PEB for 4 conditions but VA approved 10. The amount withheld by the VA would be equivalent to only those 4 conditions? Thanks in advance for clarifying.

G

[edited to add...see post no. 18 re: additional research]
Hello,

That is my interpretation of the VA reference
M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits

However, you might want to use "Know VA" to read the entire section of the reference cited. Know VA is akin to AskDFAS.
There was some discussion about zero ratings as well.

I wish there were some senior VA personnel patrolling this site...

Also, your four conditions approved by DoD came to less than 30%?

Ron

 

[geotronico]

Hello,

That is my interpretation of the VA reference
M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits

However, you might want to use "Know VA" to read the entire section of the reference cited. Know VA is akin to AskDFAS.
There was some discussion about zero ratings as well.

I wish there were some senior VA personnel patrolling this site...

Also, your four conditions approved by DoD came to less than 30%?

Ron

I'm waiting for PEB now so still don't know if DOD will approve all four. Thanks.

 

[RonG]

I'm waiting for PEB now so still don't know if DOD will approve all four. Thanks.

I will do some more research on the subject later today. Good luck with your PEB.

Ron

 

[RonG]

Hello,

That is my interpretation of the VA reference
M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits

However, you might want to use "Know VA" to read the entire section of the reference cited. Know VA is akin to AskDFAS.
There was some discussion about zero ratings as well.

I wish there were some senior VA personnel patrolling this site...

Also, your four conditions approved by DoD came to less than 30%?

Ron

Additional research revealed:

"When you receive disability severance pay, DoD will specify which disability (or disabilities) the disability severance pay is intended to cover. If you are later granted service connection for disabilities that are not related to your disability severance pay, VA is not allowed to withhold more than the amount to which you are entitled based on the non-severance-pay disability/disabilities. Essentially, VA can’t recoup the disability severance pay from the money you get for disabilities that were service connected after separation. "--source, non-government entity

The quotation above indicates (in my opinion) that any disabilities approved by DoD (not VA) at time of discharge are considered the basis for the severance pay. Disabilities approved after separation are not subject to recoupment.

--------------------

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 4 * March 2018

*040502. Recoupment of Separation Pay [including DoD Disability Severance Pay]

A. A member who received separation pay and who later qualifies for retired or retainer pay under Titles 10 or 14 of the U.S.C., will have a monthly installment deducted from payment of such retired or retainer pay. See section 0410.

B. A member who receives separation pay, and who also is eligible for disability compensation from Department of Veteran Affairs (VA), will have an amount, equal to the TOTAL amount of separation pay received, deducted by the VA from the disability compensation awarded. The VA will not deduct separation pay from disability compensation if disability is based on service performed after receiving separation pay "

Comment.

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 4 * March 2018 indicates the total amount of separation pay received will be deducted by the VA from disability compensation received. Deductions will not be made from VA compensation awarded AFTER the separation and payment of severance pay.

Ron

 

[Letmeleave]

Update

Signed DA 199 last week 16 July. Called transition the next day to get an idea of what to expect. Told me to call back in a few days if I hadn’t already received notification from them or my peblo.

Today I emailed my peblo just to touch base and called transition to follow up both sources informed me I hadn’t hit transpoc yet and there was no further info.

Emailed my Ombudsman directly after. They have been a miracle worker for me throughout this process. The Ombudsman called me 10 mins after I emailed them and told me that my case was still sitting at the PEB and had not yet made it over to the PDA side but will look into it and see what they can do or find out. I trust them and feel better now knowing that something will be done.

If I could give anyone who is about to start the IDES process or recently has any advice at all it is, if you ever run into a bump or a delay or just generally unsure of something and you can’t get realistic answers or help from your peblo, msc, coc, or maybe you’ve exhausted your own research efforts here or elsewhere Please don’t hesitate to find and contact your Ombudsman. Only real regret I have with all this is not finding this forum and my Ombudsman sooner in my process. Grateful for both as they are invaluable.

 

[Letmeleave]

RonG was spot on. 10% DOD and 100% VA as far as severance pay recoupment is concerned. In my case my sc disability is also rated at 10% by the VA so they will end up deducting what the 10% is actually worth. If you look up the disability percentage charts on va. gov you’ll be able to see what may apply for your situation. Thanks again everyone for this amazing resource of knowledge. Take care.

Edited by moderator: Each case is different. Recommend reading the posts and excerpts from M21-1 which are found in subsequent posts in this thread. RonG