Just the Beginning

Severance pay is one of the hardest to understand, thanks gsfowler. Where did you get that info? Wasn't VSP given because you agreed to go in the guard and not need recoupment if you finished your time? That's the thing that stuck out to me. Its pretty universal that ending things early due to medical acts as a universal waiver for anything that requires you to serve more time.

Then looking at the MR21, it makes no mention of VSP. For 10 USC 1175 based severance pays it only talks about VSI. And it says VSI is DoD and DFAS' responsibility. DFAS site says VSI can't get a waiver, but the FMR does say VSP can. VSP is also the same acronym used for extra monthly pay docs get, so the issue is a bit hard to research. Overall I'm confused, but something about saying this type of severance pay is going to be repaid sounds wrong. The MR21 I found had a change date of JAN 2007, so maybe I can find something better.
 
I did a quick search using keywords "VSP, recoupment and VA" That produced some guidance documents for the VA.

I also found this:

This facebook thread has some interesting opinions. One poster has produced a memo that states the Air Force has waived recoupment of VSP for disabled servicemembers.

https://www.facebook.com/AirForceRetirement/posts/770878132946013

From there, discussion takes place whether or not the memo is valid "blanket" or if each individual needs to get a waiver.
 
After a little more digging, here is some clarification regarding the VSP waiver memo.

If the Veteran was separated from the Air Force …

Before October 17, 2007, recoup VSP from VA compensation unless the Veteran received an individual waiver.

Between
  • October 17, 2007, and
  • April 29, 2008
do not recoup VSP from VA compensation.

On or after April 30, 2008, recoup VSP according to the recoupment schedule below.

If the Veteran’s combined disability rating is between
  • 0 and 20 percent, then withhold 100 percent of his/her VA compensation. from monthly payments
  • 30 and 50 percent, then withhold 75 percent of his/her VA compensation. from monthly payments
  • 60 and 100 percent, thn withhold 50 percent of his/her VA compensation. from monthly payments

It apears that the blanket memo was rescinded after April 30, 2008 and replaced with the recoupment schedule above.
 
Pyro said:
We are processing MEDCON orders right now, probably in IDES shortly, don't understand SSDI but researching it, where do I start?
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In addition to SSA Publication No. 05-10030 "Disability Benefits For Wounded Warriors" in 2015, I offer experienced based information to potentially yield assistance in the pursuit for SSA SSDI disability compensation via my URL as follows:
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
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Any thoughts from the crowd on TDRL vs PDRL? Stage 4 is considered incurable and my DR. has stated as such. I'm sure someone out there has seen how this goes down.
 
MEDCON granted.
 
Ohhh, hold the horses. MEDCON approval moved to SECAF, yes SECAF. Something about being an ART while diagnosed, even though I have a valid LOD for the same diagnoses. DOC's are cautiously optimistic, but we will see.
 
Learned a bit more today, apparently I am a SECAF precident level case, and they are chewing on granting me MEDCON or reviewing my LOD. Might be one to get an attorney, if that even is a thing at this point.
 
You may talk to Jason Perry. I'm not sure if the Office of Airman's Counsel at Randolph can jump in since you're not in the IDES yet. May also be worth a shot to have them weigh in.
 
MEDCON denied, anyone lucky with appeals process? I was told that mother AF was hung up on the reg where it states I had to be on orders when diagnosed or something like that. I'm confused, I have an approved LOD for the disease.
 
Pyro said:
MEDCON denied, anyone lucky with appeals process? I was told that mother AF was hung up on the reg where it states I had to be on orders when diagnosed or something like that. I'm confused, I have an approved LOD for the disease.
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I'm sorry to hear this, make sure you file claim for VA C&P if you have not already done so. Get down to the Social Security office and try to get approved for SSDI.
 
Got my denial letter emailed to me, basically denying MEDCON due to the fact I wasn't on orders during the 2 weeks it took to diagnose me completely. I have an LOD for this, what am I missing? Jason, what do you charge to help with the rebuttal letter?
 
Sorry to hear of all of your troubles (and what sounds like a garbage decision on the MEDCON orders). Please send me an email at jason.perry@jeperrylaw.com and let me take a look at the MEDCON denial letter.
 
MEDCON rebuttal submitted, lets hope they get this correct. LOD has been doing OK getting me TRICARE, most doctors don't know what TRICARE LOD is, heads up on that.

What happens if I Get my VA ratings before the IPEB? Looks like its going that direction.

Thanks for your words Jason, I threw their regs back at them.
 
MEB is officially a go, MEDCON is still in limbo, here's hoping.
 
Soo, started this thread about the time I turned in my "intent to file" and met with a VSO. Just got a call today for my C&P exams for the 24th of June. That would be 10 months from filing to exams, just a skulls up.
 
And then I got promoted, hope it figures into my retirement. Going on INCAP soon, not sure what I'll make, I've been told as my military rank but the taxes are suspect, and yes, I usually make more than my military rank. Anyone know if the BAH/BAS during INCAP are tax free?
 
Picked up NARSUM and VA packet today, have to sign it Monday. There are some mistakes on the AF IMT 618, the biggie being they missed a year of ANG (Inactive time) in box 17 and they checked I wasn't on flying status. The VA stuff seems straight forward, looks like they are trying to convince somebody my life is never going back to normal after this, which it isn't. The NARSUM says I have a 8% chance of survival for 5 years, awesome, but its the truth. They also said I am DSM-5 (whatever that means) on the depression/anxiety scale, yeah, 8% will do that. Should I go over this packet with my VSO?
 
Pyro said:
And then I got promoted, hope it figures into my retirement. Going on INCAP soon, not sure what I'll make, I've been told as my military rank but the taxes are suspect, and yes, I usually make more than my military rank. Anyone know if the BAH/BAS during INCAP are tax free?
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BAH/BAS is always tax free, it is not income
 
Signing NARSUM today, package off to IPEB. Wrote a letter to the board (I know Jason hates these) just trying to clarify my time in service, it gets a bit muddied up when you go from active duty to ANG. Stated how difficult it was to live with the disease and treatments and thats about it. This forum is turning into my journal and timeline tracker.
 
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