VA Disability Pay, TDRL removal and Disability Severance Pay

JaceLS

New Member
Registered Member
Hello, I have read thread after thread trying to get a pinpoint answer but just can't.

My situation:

Medically discharged from AF in Feb 2020 and put on TDRL. Went through all of the VA rating during med board and started receiving VA Disability in May 2020. Recently had re-evaluation and the decision was made to remove me from TDRL and issue disability severance pay. I have a 100% Permanently and Totally disabled rating from the VA for a disability that is NOT the disability I am receiving severance pay for. I am receiving severance pay for a completely different disability that the DOD rated 10% and the VA rated 20%.

My question is..
If I am 100% P&T disabled for a separate disability, will the VA recoup my severance pay for the 10% DOD rated disability? If they can/do, would they take the whole monthly check or just the percentage that the DOD rated the disability?

Second note: I have a total of 7 disabilities through the VA that would equal 230% total. Obviously 100% is the highest. Just a side note of information if helpful to the thread. Thanks!
 
The VA should not recoup the severance if you are 100% disabled when you exclude the condition for which you are receiving severance. See this link where I reference this below: https://www.knowva.ebenefits.va.gov...tion-B---Recoupment-of-Separation-Benefits#3g "

III.v.4.B.3.h. Example: VA Assigns a 100-Percent Disability Rating to a Non-Severance-Pay Disability

Scenario: In a decision on a Veteran’s original claim for benefits, VA awards SC for
  • a severance-pay disability rated 50-percent disabling, and
  • a non-severance-pay disability rated 100-percent disabling.
Result: VA may not withhold any compensation to recoup the Veteran’s disability severance pay while the non-severance-pay disability is rated 100-percent disabling.

Note: The result in this example is the same, regardless of whether or not VA assigned the 100-percent rating on a temporary basis under 38 CFR 4.28, 4.29, or 4.30.
 
Hello, I have read thread after thread trying to get a pinpoint answer but just can't.

My situation:

Medically discharged from AF in Feb 2020 and put on TDRL. Went through all of the VA rating during med board and started receiving VA Disability in May 2020. Recently had re-evaluation and the decision was made to remove me from TDRL and issue disability severance pay. I have a 100% Permanently and Totally disabled rating from the VA for a disability that is NOT the disability I am receiving severance pay for. I am receiving severance pay for a completely different disability that the DOD rated 10% and the VA rated 20%.

My question is..
If I am 100% P&T disabled for a separate disability, will the VA recoup my severance pay for the 10% DOD rated disability? If they can/do, would they take the whole monthly check or just the percentage that the DOD rated the disability?

Second note: I have a total of 7 disabilities through the VA that would equal 230% total. Obviously 100% is the highest. Just a side note of information if helpful to the thread. Thanks!
It honestly depends. @Provis right, that if you get 100% without the condition leading to DoD severance then they don't recoup. But if for some reason your rated condition being removed from your list of 7, brings you to 94% (rounded down to 90%) or less, then they will recoupe the 10% at the same $ they would give you for 10%.
So, 50, 50, 30, 30,30,20, 20.. you would have to pay back the 10%
But 50, 50, 50, 30,20, 10, 10 you would not
 
It honestly depends. @Provis right, that if you get 100% without the condition leading to DoD severance then they don't recoup. But if for some reason your rated condition being removed from your list of 7, brings you to 94% (rounded down to 90%) or less, then they will recoupe the 10% at the same $ they would give you for 10%.
So, 50, 50, 30, 30,30,20, 20.. you would have to pay back the 10%
But 50, 50, 50, 30,20, 10, 10 you would not
If my rated condition was removed, I would still be 100%.
 
Hello, I have read thread after thread trying to get a pinpoint answer but just can't.

My situation:

Medically discharged from AF in Feb 2020 and put on TDRL. Went through all of the VA rating during med board and started receiving VA Disability in May 2020. Recently had re-evaluation and the decision was made to remove me from TDRL and issue disability severance pay. I have a 100% Permanently and Totally disabled rating from the VA for a disability that is NOT the disability I am receiving severance pay for. I am receiving severance pay for a completely different disability that the DOD rated 10% and the VA rated 20%.

My question is..
If I am 100% P&T disabled for a separate disability, will the VA recoup my severance pay for the 10% DOD rated disability? If they can/do, would they take the whole monthly check or just the percentage that the DOD rated the disability?

Second note: I have a total of 7 disabilities through the VA that would equal 230% total. Obviously 100% is the highest. Just a side note of information if helpful to the thread. Thanks!
Hey just wondering how long it took for them to come back with response of you review? Im on TDRL and had my appointment Early June. Im expecting to be separated and get disability severance. Dont want to get lost in the mix. They waited until the end of my 3 year TDRL to contact me about the appointment. Should I call or wait more?
 
The VA should not recoup the severance if you are 100% disabled when you exclude the condition for which you are receiving severance. See this link where I reference this below: https://www.knowva.ebenefits.va.gov...tion-B---Recoupment-of-Separation-Benefits#3g "

III.v.4.B.3.h. Example: VA Assigns a 100-Percent Disability Rating to a Non-Severance-Pay Disability

Scenario: In a decision on a Veteran’s original claim for benefits, VA awards SC for
  • a severance-pay disability rated 50-percent disabling, and
  • a non-severance-pay disability rated 100-percent disabling.
Result: VA may not withhold any compensation to recoup the Veteran’s disability severance pay while the non-severance-pay disability is rated 100-percent disabling.

Note: The result in this example is the same, regardless of whether or not VA assigned the 100-percent rating on a temporary basis under 38 CFR 4.28, 4.29, or 4.30.
What if all your conditions occurred in a combat zone?
 
Top