Severance Pay recoupment "Combat Related"

B

Bluewaters

PEB Forum Regular Member
Registered Member
I was rated 20% from DOD and 40% from VA and under additional findings it states

13. a. The disability was the direct result of a combat related injury as defined by Title 26 U.S. Code Section 104(b)(3).
b. The board finds further that the disability was incurred in the line of duty under conditions simulating war.

The PEBLO and VA Rep said my pay would be enhanced and that I wouldn't have to pay it back but I just received a letter from the VA saying that they are holding half my monthly payments to "Recoupe" the severance pay...

Now are they spouse to recoup this severance pay or not?
 
Where did your unfitting disability occur? In order for it to avoid recoupment, it had to incur in a combat zone. It is about where it happened, not how it happened.
 
maparker said:
Where did your unfitting disability occur? In order for it to avoid recoupment, it had to incur in a combat zone. It is about where it happened, not how it happened.
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It happened in 29 Palms, CA.

What would make Combat Related (During training in 29 Palms) severance pay different from regular severance pay (Lets say injury that happen off duty)?

Also on a side note, will I have to pay any of this back in taxes?
 
Jeff2491 said:
I was rated 20% from DOD and 40% from VA and under additional findings it states

13. a. The disability was the direct result of a combat related injury as defined by Title 26 U.S. Code Section 104(b)(3).
b. The board finds further that the disability was incurred in the line of duty under conditions simulating war.

The PEBLO and VA Rep said my pay would be enhanced and that I wouldn't have to pay it back but I just received a letter from the VA saying that they are holding half my monthly payments to "Recoupe" the severance pay...

Now are they spouse to recoup this severance pay or not?
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The answer to your questions is no, the VA is not supposed to recoup your severance pay per NDAA 2008. What I did was write a letter to the VA and copy/pasted the statement from the NDAA 2008 and mailed it to the DoVA. I was reimbursed the money that was recouped and the VA stopped taking money from me.

VR,
Frank
 
His combat related injury happened in CONUS. He is not covered by the enhanced severance provision of the 2008 NDAA. That provision requires the unfitting injury to occur in a combat zone or in a combat related operation. Combat related operation is not the same as combat related. DoD designates areas/operations that qualify as a combat related operations.

Mike
 
I know of a few people who were injured during combat related training and one who was injured during combative training. If I remember correctly, at least two of their DA 199's annotated a and c (combat related). Another person was injured in a combat training jump and was initially given severance (not recouped) and then retired while receiving CRSC, DoD and VA compensation. I may be totally off base but would appreciate any correct information that can be provided so that I am not giving false information. Thanks.

Frank
 
Combat related is different than "occurring in a combat zone". Combat related is how it happened (e.g. combat with the enemy, combat training, instrumentality of war) whereas incurred in a combat zone is about where it happened (e.g. Iraq, Afghanistan, secret operation site (Pakistan to kill Osama)) and the "where" is designated by DoD as a combat zone or the area of a "combat related operation".

For disability severance, if the unfitting condition is combat related, the severance is not taxed. If the unfitting condition occurred in a combat zone, it is not offset by VA compensation. If it is combat related and incurred in a combat zone, it is neither taxed or offset by VA compensation. If a member is unfit because they destroyed their knee in a basketball game in a gym in Iraq, their severance is taxed but not offset by VA compensation. If the same knee injury happened in a jump at airborne school at Fort Benning, it is combat related and the severance will not be taxed but will it be subject to offset by VA compensation. If the same knee injury occurred fighting the Taliban in Afghanistan, the severance will not be taxed nor will it be subject to offset by VA compensation.

For disability retirement, where the condition occurred is not a factor. Those receiving retirement pay, be it for disability or length of service, can collect CRSC if they are receiving VA compensation for a condition(s) their branch of service deems combat related. The combat related condition(s) does not have to be the condition the PEB deemed made them unfit.

Mike
 
maparker said:
Combat related is different than "occurring in a combat zone". Combat related is how it happened (e.g. combat with the enemy, combat training, instrumentality of war) whereas incurred in a combat zone is about where it happened (e.g. Iraq, Afghanistan, secret operation site (Pakistan to kill Osama)) and the "where" is designated by DoD as a combat zone or the area of a "combat related operation".

For disability severance, if the unfitting condition is combat related, the severance is not taxed. If the unfitting condition occurred in a combat zone, it is not offset by VA compensation. If it is combat related and incurred in a combat zone, it is neither taxed or offset by VA compensation. If a member is unfit because they destroyed their knee in a basketball game in a gym in Iraq, their severance is taxed but not offset by VA compensation. If the same knee injury happened in a jump at airborne school at Fort Benning, it is combat related and the severance will not be taxed but will it be subject to offset by VA compensation. If the same knee injury occurred fighting the Taliban in Afghanistan, the severance will not be taxed nor will it be subject to offset by VA compensation.

For disability retirement, where the condition occurred is not a factor. Those receiving retirement pay, be it for disability or length of service, can collect CRSC if they are receiving VA compensation for a condition(s) their branch of service deems combat related. The combat related condition(s) does not have to be the condition the PEB deemed made them unfit.

Mike
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I understand the difference but I whole heartedly disagree that someone who trips on a rock in the desert and hits their head should be allowed more benefits than someone who is injured in a combat exercise and simply because of where it happened. I guess I am looking for your opinion of the law and how it is applied and whther or not you see it changing in the future.
 
I agree the law is quirky and I have raised the issue numerous time to Congress and various entities such as the Recovering Warrior Task Force. My position is that severance should never be offset period as severance is compensation for the career lost and VA compensation is for the impact of the disability on earnings capacity. Severance is also quirky because those who are found unfit for a non combat zone unfitting condition rated at 0% will not have their severance recouped but those found unfit for a non combat zone unfitting condition rated at 10% or 20% generally will have their severance recouped by VA compensation. I am all for concurrent receipt across the board (VA compensation never offsetting disability severance or disability retirement) and the fight continues whenever and wherever I can make the point.

If you Google Kerry Baker, DAV,combat related, combat zone you can see this debate surfaced as soon as the enhanced severance paw law was passed in 2008.

Mike
 
maparker said:
I agree the law is quirky and I have raised the issue numerous time to Congress and various entities such as the Recovering Warrior Task Force. My position is that severance should never be offset period as severance is compensation for the career lost and VA compensation is for the impact of the disability on earnings capacity. Severance is also quirky because those who are found unfit for a non combat zone unfitting condition rated at 0% will not have their severance recouped but those found unfit for a non combat zone unfitting condition rated at 10% or 20% generally will have their severance recouped by VA compensation. I am all for concurrent receipt across the board (VA compensation never offsetting disability severance or disability retirement) and the fight continues whenever and wherever I can make the point.

If you Google Kerry Baker, DAV,combat related, combat zone you can see this debate surfaced as soon as the enhanced severance paw law was passed in 2008.

Mike
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Mike,

Thanks for weighing in on this. I have seen the Kerry Baker/DAV argument and I see where he is coming from. With that being said, if it was the intention of congress to have things that way and it was simply written the wrong way it would have been changed by now but the fact that Congress has done nothing to change the way the law was written or amend the original bill says to me that this is what they were looking for and that the purposely left the loophole there for the DoD to use to not compensate people fairly. What I am trying to say is that if Congress wanted it to apply the law as Mr. Baker argued then they would have defined the controversial terms and not left it to the DoD to do so. It is frustrating that many words in Title 10 that are the same have 3 and 4 different meanings with respect to what section they are in.

I have another question. When there is an issue of dual compensation and an offset of pay occurs does the DoD get the money or keep their portion or does the VA? Where does this money go and what does the DoD do with it? For example, if service member A gets 25K dollars in severance and then it is recouped by the VA from service member A's VA compensation, where does that 25K dollars end up?
 
Hi sorry but I have a question regarding combat related injuries. I was injured in ft benning on an airborne jump. I injured my right knee, right ear, right eye and head (tbi). I have had 2 reconstructive surgery on my knee and I have memory loss and I have dizzy spells and I pass out. This has been going on for 8yrs. How I can I prove this all related from the jump
 
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