Its sort of a tricky situation because my injury was declared combat related, conditions simulating war. So, I was never involved in armed conflict. However, it does appear that the service considers to injury to have occured during combat related operations, as I received a seperation code of JEA-2, and it states clearly in my narrative reason for seperation that my severance pay is “not VA recoupable.” Do I have a case here, or is the VA allowed to simply disregard what’s on the DD-214? Thanks for any help on this.
My DD-214 states that my severance is “not VA recoupable,” but they’re recouping anyway.
- Thread starter Tdgentleman
- Start date
This is something for which you might want to receive the assistance of a veterans service officer (VSO).
Reference [VA]: M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits
https://www.knowva.ebenefits.va.gov...Section-B---Recoupment-of-Separation-Benefits
IF...a Veteran received disability severance pay on or after January 28, 2008, for a disability incurred in a combat zone or during combat-related operations, and VA rated the disability at least 10-percent disabling
THEN
follow the instructions in M21-1, Part III, Subpart v, 4.B.3.e. [which follows]
3.e. Disability Severance Pay for Disabilities Incurred in a Combat Zone or During Combat-Related Operations
PL 110-181, as implemented in 38 CFR 3.700(a)(3), prohibits the recoupment of disability severance pay from VA compensation IF
the Veteran
separated from service on or after January 28, 2008, and
incurred the disability for which he/she received disability severance pay in the line of duty in a combat zone or during the performance of duty in combat-related operations.
Exception: The provisions of this block may apply to a Veteran who separated from service prior to January 28, 2008, if
the Veteran incurred a disability in the line of duty in a combat zone or during the performance of duty in combat-related operations, and DoD subsequently
placed the Veteran on the Temporary Disability Retirement List (TDRL)
later removed the Veteran from TDRL on or after January 28, 2008, and
awarded the Veteran disability severance pay for the same disability.
Important:
Prior to August 5, 2014, the “combat-related operations” requirement was met only if the disability in question was the result of armed conflict. ON AND AFTER THIS DATE, the requirement is met if the disability was combat-related.
DoD – not VA – decides whether a disability was incurred in the line of duty in a combat zone or during combat-related operations.
Reference: For information about determining whether DoD paid disability severance pay that is not subject to recoupment under 38 CFR 3.700(a)(3), see M21-1, Part III, Subpart v, 4.B.3.f.
Ron
Reference [VA]: M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits
https://www.knowva.ebenefits.va.gov...Section-B---Recoupment-of-Separation-Benefits
IF...a Veteran received disability severance pay on or after January 28, 2008, for a disability incurred in a combat zone or during combat-related operations, and VA rated the disability at least 10-percent disabling
THEN
follow the instructions in M21-1, Part III, Subpart v, 4.B.3.e. [which follows]
3.e. Disability Severance Pay for Disabilities Incurred in a Combat Zone or During Combat-Related Operations
PL 110-181, as implemented in 38 CFR 3.700(a)(3), prohibits the recoupment of disability severance pay from VA compensation IF
the Veteran
separated from service on or after January 28, 2008, and
incurred the disability for which he/she received disability severance pay in the line of duty in a combat zone or during the performance of duty in combat-related operations.
Exception: The provisions of this block may apply to a Veteran who separated from service prior to January 28, 2008, if
the Veteran incurred a disability in the line of duty in a combat zone or during the performance of duty in combat-related operations, and DoD subsequently
placed the Veteran on the Temporary Disability Retirement List (TDRL)
later removed the Veteran from TDRL on or after January 28, 2008, and
awarded the Veteran disability severance pay for the same disability.
Important:
Prior to August 5, 2014, the “combat-related operations” requirement was met only if the disability in question was the result of armed conflict. ON AND AFTER THIS DATE, the requirement is met if the disability was combat-related.
DoD – not VA – decides whether a disability was incurred in the line of duty in a combat zone or during combat-related operations.
Reference: For information about determining whether DoD paid disability severance pay that is not subject to recoupment under 38 CFR 3.700(a)(3), see M21-1, Part III, Subpart v, 4.B.3.f.
Ron
Thank you, thats incredibly helpful. Unfortunately it looks like ill need to go down the rabbit hole of appeals on a this, but youve given me very clear evidence that my claim is legitimate. Thanks again.
You are certainly welcome.
Note regarding M21-1: "Now called Live Manual, this latest version of the M21-1, Adjudication Procedures Manual is available to everyone through the KnowVA Knowledge database. KnowVA is an external-facing Web platform that provides you access to the same information claims processors use to process and make decisions on benefits."
So...it is not written as a guide for veterans; it is a procedures manual for internal VA use as evidenced by the jargon and sometimes esoteric language used. Nevertheless, its availability to everyone is helpful to non-VA personnel such as you, me, and many others.
Good luck,
Ron
p.s.
Please review my private message sent last night. It contains a brief sentence concerning a possible resource available to you.
I hope you file and appeal ASAP. It will take months to to be decided, but your case has merit.