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I'm a little confused. In my posting, I was talking about the "rate" of recoupment, not the "amount" of recoupment. The amount of recoupment (since I received my disability severance pay after Sep 1996) is the post-tax amount. The total severance pay was approx. $39,000 but I only received about...

It can happen that way (and it did for me), but it's not supposed to. Fortunately, or not, it depends on which state you are in as well. I was initially awarded a 50% combined rating - 30% for hysterectomy and 20% for urinary incontinence:mad:, and the VA withheld all of my compensation to...

Don't forget Van Cleave v. US! It's recent and he won. Don't forget that you can't sue to have your PEB findings changed directly (Gant), BUT you can sue based on the BCMRs failure to correct errors made during your disability evaluation process (Van Cleave). Good Luck!

Hi pd, Make sure you file a claim with the VA! Also, you can accept the findings of the IPEB and immediately file an application with the BCMR (before you get off active duty), disputing the percentage awarded. Of course, you need to thoroughly read the criteria in the VASRD for your...

Hi Tony! You need to read the court decisions regarding Charles Van Cleave - just google Van Cleave v. US. He also suffered migraines and the decisions dealt with the evidence supporting "prostrating" attacks. Mr. Van Cleave finally (and recently) won his case, but you could benefit from...

Hello, I am in the middle of filing suit to overturn an AFBCMR decision about the diagnoses listed and coded on my AF Form 356. You absolutely need to go to the Formal PEB. The US Court of Federal Claims just ruled in favor of a former serviceman on the issue of a discrepancy between VASRD...