PDBR Information

Ming1028

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Registered Member
Good afternoon everyone :) My husband was medically discharged from the Marine Corps in Aug 2009 for a L5-S1 herniated disc. He received a 10% rating. He then filed with the VA once he got home & received a rating of 50% - 10% for a finger issue & 40% for his back. He had his severance recouped from his VA compensation for several months until it was re-payed. He later received a revised DD-214 along with revised VA documentation stating that his disability was combat related. He then got the money that was recouped provided back to him & now receives full VA compensation monthly. He received a letter from the VA informing that he was eligible to apply with the PDBR. He would like to proceed with this and I am usually the one to handle all of his documentation - it has obviously been a few years since we have had to do this type of stuff so I'm a little rusty now. The form states that he would need to complete (2) forms: DD-294 (application for the PDBR) and VA-3288 (consent to release information).

I have been reading some confusing posts on here and was hoping to get some stuff clarified. I have read that the rating cannot be decreased, however, another post a gentleman ended up having to owe money back as I am assuming his back pay was not large enough to cover the amount they were recouping? I am a bit nervous about this - his severance was not as large as I have seen others post - $18,000 pretax. We have had taxes deducted, then given back once it was decided combat related, then severance deducted from VA, then given back once it again was decided combat related. With my husband's disability categorized as combated related, would he have the severance deducted from whatever the calculated back pay would equivalent to if he was awarded a higher rating? I am hoping that since it has been 6 years that it would either be a wash or result in a little of $$ given to him but I am nervous about owing being a real possibility.

Also, once the 2 forms are submitted, is there anything that he does on his end? Should he try contacting anyone for follow-ups? Is a lawyer recommended? It seems like there is not a whole lot of information provided for this to allow Veterans the "upper hand".

We understand that obviously given the chance to be considered Retired is a far better option for him & our family, but I want to make sure I fully understand the process & possible outcomes so we are fully prepared for whatever way this could turn out.

Thank you in advance :) -Melissa
 
If the PDBR says he should be retired that also means that you should not have received his severance. The government will want his severance pay, no exceptions.

The VA wanted his severance pay back as well, as you noticed when they weren't paying his full VA compensation.The VA however has an exception for combat related injuries. You said that his combat related determination was fixed, and this was what stopped the VA (and IRS) from getting their grubby mitts all over it. If the PDBR decides the severance was incorrect, DFAS will stick their hands out.

Its important to realize where all this VA wanting severance pay back and everything stems from. DFAS and VA don't pay at the same time normally. If you get VA pay then DFAS starts reducing retirement pay, same thing as them going after severance. So quick napkin math, 18k severance means 9k before multiplier, base pay * years of service means I'm guessing he had around 4 years of service and base pay around 2250. They fix his retirement to be 40%, means about 900/month retirement, VA pay with spouse at 50% is about 920. Its close, but my guess is his VA pay completely reduces his retirement pay and DFAS ends up owing nothing.

This is before they start wanting that 18k severance back, so they owe you nothing and he still owes that 18k. DFAS aren't too big of a jerks about it though. They won't go after tax returns and other things to collect the debt. It just becomes a reduction on what they can give you. The becomes a problem because your husband is likely going to be eligible for CRSC. This allows DFAS to not reduce all of the retirement because of the combat related injury, same way they did for the severance. If he gets approved for CRSC, they'll owe back pay for that and they'll start collecting the severance from it.

Clear? Didn't think so. Long and short of it, make sure you apply for CRSC if they grant retirement. You may not see money for awhile, but eventually, it should work out to be an improvement in money and its nice having the TRICARE taken care of.

Lawyers or additional information isn't required. They look over the medical records, decide if the finger and back were decided incorrectly and fix things. The thing is, how did this get FUBAR in the first place? Some of these cases were decided incorrectly because the PEBs were being sloppy. Some of these cases were decided incorrectly because the docs were being sloppy. Lawyers and additional information can be important to fix that sloppiness. The fact the VA saw through the sloppiness suggests everything will be fine, but what needs to be fixed and how to fix it can be a complex problem to solve.

You are going to want to be aware of SBP. They are going to want SBP paid back to 6 years ago. That can be huge.
 
Hello I am just putting some information out here for anyone who may be able to provide insight on my situation. I was discharged from the Army in January of 2005 at 10% the VA rated me at 80% PTSD at 50% plus 30% for a combination of scars and shrapnel to my face and degenerative disc disease. I was injured on a patrol in Iraq by an enemy IED. At that time in 2005 the VA was taking a portion of the severance pay I received 30 thousand. Now I'm reading about the NDAA of 2008 were the VA doesn't have the right to do that anymore. My severance has been paid back but does anyone know if there's a chance the VA could pay me back the severance they took from me ? Also my PDBR has been adjudicated but that was almost a month ago I wonder how long that will take before the Decision is made and how will I be notified? Fed ex letter or regular letter ?
 
What condition was deemed unfitting by the PEB?

In term of the severance pay, the enhanced severance pay provision of the 2008 NDAA only applies to those separated on or after 28 JAN 2008, presuming the unfitting condition incurred in a combat zone/combat related.

Mike
 
What condition was deemed unfitting by the PEB?

In term of the severance pay, the enhanced severance pay provision of the 2008 NDAA only applies to those separated on or after 28 JAN 2008, presuming the unfitting condition incurred in a combat zone/combat related.

Mike
Thanks Mike !!!
 
Great posts!

I'm in a similar situation. 10% discharge with severance of 50k for code 9434 Major Depressive Disorder.

Upon discharge the VA did NOT rate me for that disability but instead rated me under code 9411 PTSD at 70% and eventually 100% TDIU. I'm ASSUMING that's why they did not recoup the severance pay, since I was technically not being paid for the same disability, as all of this was NOT combat related.

Fast forward to today, 4 years and 7 months after my discharge with severance pay. TODAY I received my results from the AFBCMR. PDRL at 70% under code 9411 PTSD.

What a mess. How can the VA recoup my severance pay if I'm not going to be getting a dime anyways because of being VA TDIU 100%?

If I applied for CRSC I doubt that would cover the balance. Any thoughts out there?
 
How can the VA recoup my severance pay if I'm not going to be getting a dime anyways because of being VA TDIU 100%?

If I applied for CRSC I doubt that would cover the balance. Any thoughts out there?
Source FMR volume 7b, chapter 4, section 0409

From 040902
In cases where the amount of VA disability compensation award is greater than military retired pay, recoupment of disability severance pay will be suspended until, when or if, the amount of gross retired pay exceeds the monthly VA disability compensation except as provided in paragraph 040903.

Section 040903 allows them to recoup concurrent receipt payments.

You could apply for CRSC and eventually it will repay the balance, or you'll die with it some remaining. Or you could never apply/get CRSC and you'll die with the balance unpaid.
 
Thank you. Such a hard answer to find and you nailed it!
 
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