PDBR Retired/Severance

commosgt

commosgt

PEB Forum Regular Member
PEB Forum Veteran
I am curious if any members that have been retired by the PDBR who also received Severance and have paid it off prior to retirement was there any recupment of pay/severance/etc. I am also curious to know why you were not able to get back your severance pay eventhough the VA paid it back. Did you receive a some type of back pay? If so how far did they did they go back (months/years) etc.

Does anyone have any updated news on their case etc?
 
CommoSgt,
I'm in the same boat, you will not any backpay to DFAS. My advice to you is to request an inquiry to them. They will explain everything...
 
jtol76, thank you for your reply. I am curious why? What regulation prohibits returning the severance pay? If you don't get your severance pay back do they back pay you from date of discharge up to 6 years if your retirement pay is less than your VA pay or if the VA pay is greater than your retirement. I seem to be confused by this and I am wondering what regulation states the facts. I have not been able to find these facts nor does anyone from DFAS know or heard of this. I am just seeking information and knowledge not just for me but everyone else on this board. By the way how are things your way with the process?
 
They back pay you till the time you separated. Your retirement (if you get it) will be backdated to the date of discharge. You will get money from that day forward (of course minus your severance pay and the VA off set). You will also get tricare from the date of separation (tricare standard). If you already paid back your severance- you do not pay it twice. You can only have one- either the severance pay or retirement. I know it sucks that you can't have your cake and eat it too. Especially since they should have done it right the first time, and never put you or anyone else through this stupid board! I wish you luck... and I hope you don't have to hurry up and wait too long!
 
I just got my result the day after Veterans Day! They agreed to recharacterize my medical separation in April 2006 to "disability retirement with the combined disability rating of 50%".

VA awarded me 60% ($1219/mo.) after they recouped the severance ($34,000) the Army "loaned" me.

I'm guessing my retirement pension will be less (taxable) than the current VA severance? In addition will not be receiving the VA portion as well? If that's the case, will I have to pay back the VA in the form of offseting (VA minus pension)?

How soon will I receive my orders or what will be the next mail I should expect?

Also, since I should have had TriCare since my discharge, can I be reimbursed of all my medical bills that I had to pay out-of-pocket since 2006?
 
Darnlan,

Congratulations on your retirement!! What was your case number? How long did the process take? As far as your questions, you will need to apply for CRSC to get back your back pay. Your orders can take up to 60 days....if you look through the threads depending on your branch you should be able find the contact information on who to contact or someone will chime in. Once your in the system and you have your orders you should go down to the Tricare office at a local base to apply and file your medical bills. The bills will take some time as NO ONE is prepared for this.....but hang in there and it will get done.

Lastly, what were your medical findings in the original PEB/MEB compared to now and were they combat related? If combat related this will help with CRSC!!!!!!
 
"Also, since I should have had TriCare since my discharge, can I be reimbursed of all my medical bills that I had to pay out-of-pocket since 2006?"

On the PDBR site, one of the bonus benefits is the recovery of accepted medical expenses. They say it takes about a year and includes due dilligence on your part in providing proof of all the expenses. I've not read anywhere (yet) of anyone's success in completing this process, but your question gives me reason to do some research as I'll be crossing this bridge soon. Personally, I say submit everything and see what happens!

http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR.aspx
 
If they have it on the PBDR site it should be legit, I would read the small print although.

I personally have heard of people being reimbursed I don't know if it was through this program you speak of, I could only assume it was.

sounds like a pretty good deal

godspeed
 
Hello everyone,

I have not been on this forum for awhile, I remember when it was first getting going and Jason was just starting it. I can't believe how much information is on here now, it's almost overwhelming. Okay to reply to some of the questions on here:

1. I too was discharged with severance at 10% back in July 2007. I received medical retirement at 50% backdated to my date of discharge in March of 2011 as a result of the Sabo Lawsuit. I applied for and received CRSC and 4 months ago received backpay to date of retirement along with a refund of VA Recoupment from CRSC. Two months ago I received a letter from the VA saying that since I received severance (now re-characterized as retirement pay) and VA Comp supposedly "concurrently" that I once again owe them the entire amount of severance and it will be recouped monthly (again) until it is paid off. I am appealing the schedule by which they want to recoup but basically there is nothing we can do about this since our government refuses to pass full concurrent receipt for medical retirees. Also, through the magic of a federal judge, it looks like my retired percentage is not going to equal my VA percentage for combat related, so that is going to go up to 70%. (Not sure if or how that will affect recoupment).

2. As far as Tricare is concerned, you can absolutely apply for all your back medical bills to be paid back to date of retirement. However, yes you have to have all your ducks in a row and have receipts for everything. Tricare will only reimburse you at the rate they would have paid the medical professionals under your coverage and they will only pay for things that Tricare covers. (In my case, my back and neck issues required thousands of dollars of chiropractic care...Tricare does not cover chiropractic so I'm out of luck for those expenses.) I talked to a lawyer from the NVLSP (National Veterans Legal Services Project) just this week and she sent me the form to fill out and send my claims into. It's a REALLY big task ahead of me to get all this done and commosgt is right, NOBODY at Tricare has a clue about what to do or how to do it...they are completely unprepared for this.

That's all I got y'all, all in all it's very good news for me, just a few glitches in the laws (still) that are making it uncomfortable. Feel free to PM me if you need any advice or help with your case. I'm always open to sharing what I know. God Bless!!

Kevin
 
Okay, now that I have read through all of your post, and I think that I remember you way back when, you are combat related and it seems as though there are still some unanswered question and concerns. From what I read on your case, the GOV will recoup yours and others who are in you situations severance pay, which we all knew would probably happen. One question that I have for you, did the VA take money out of your monthly compensation? As you stated, you sustained injuries which were combat related, which should have allowed you to not have money taken from you in regards to you severance pay. As my responses to you other post said, the NDAA 2008 do not authorize the VA to recoup your severance pay and as I suspected, one way or another, the GOV will get their money back. Like you mentioned, you are not sure how the recoupment is calculated and how it will be recouped.

I will be following how your case plays out as I am in a similar situation. I hope that everything works out in your favor and that you receive what you believe you dererve. Lets hope that these issues can be resolved in our favor, because we have given so much and have asked for so little in return. It only seems far that we are compensated for all that we have given. Good luck to all.

v/r,
Frank
 
Hey franky,

Just a couple of quick things. First, the laws are very confusing and often even DFAS and the VA have no clue as to how to handle a situation so make sure you check and re-check what they decide because if they err, it will likely be in their favor and not yours. Second, actually my retired percentage is going to go up to 70% permanently as a result of the settlement decided upon on Dec 12th in the Sabo lawsuit...this is a really good thing....I think?!! ;-) When concurrent receipt for medical retirees is passed, that will mean more money in the bank. As far as combat-related and the VA not being able to recoup, I think that is for people discharged after Jan 2008, but I'm not sure. I believe I received the VA recoupment back in my CRSC backpay, but again, I'm not sure. Lastly, the VA now says that my severance (now re-characterized as an advance on my retirement pay) constitutes "concurrent receipt" because my VA comp was higher than my retirement pay and in essence, I received both for the same period of time. So, as a result, the VA once again believes that I owe them money (basically the full amount of retirement pay that the government "loaned" me). So, I am appealing based on the fact that the recoupment schedule they propose would create severe financial hardship and I requested a hearing. Waiting on a response from the VA...but in the interim we have a new decision on Sabo so my retired pay amount goes up and they will have to recalculate the amount they want to recoup (I believe because it's based on the number of months I received "concurrent" and not the total amount). I sure wish Jason or someone who really knows would weigh-in on this, because it' so confusing. Anyway, all is good, I'm better off than most in this economy, I have no regrets!! Best of luck to you in this, send me a PM if you need any support or advice as I really don't get on this forum often anymore. - Kev
 
Justrluk said:
"Also, since I should have had TriCare since my discharge, can I be reimbursed of all my medical bills that I had to pay out-of-pocket since 2006?"

On the PDBR site, one of the bonus benefits is the recovery of accepted medical expenses. They say it takes about a year and includes due dilligence on your part in providing proof of all the expenses. I've not read anywhere (yet) of anyone's success in completing this process, but your question gives me reason to do some research as I'll be crossing this bridge soon. Personally, I say submit everything and see what happens!

Physical Disability Board of Review (PDBR) - About PDBR - Health.mil
Click to expand...

Just an edit: I posted in another thread the DoDI re: recoupment. I'll post here since the conversation is pointed in that direction.View attachment DoD7000dot14-r recoupment of separation payments.pdf
 
All, do you have any updates for the new year? I am monitoring the post's as often as i can. I am still waiting to hear from the board and/or intake unit as far as if a decision has been made. I am going on 13 months now as of 1/2012, hopefully soon!!!
 
commosgt-

I've received my copy of the directive from the SECAF that goes to the CSAF, DFAS, etc. dated 22 Dec. My notification/approval was dated 6 Dec 2011, so this is moving pretty fast (as far as I'm concerned)! I called DFAS 2 weeks ago, and they had no info. I'll called the DFAS number for corrections/claims, and the message offered an email alternative: cor_claims@dfas.mil. I sent an email and will post the response.
 
Hey fellow veterans,

So after waiting and waiting and waiting I finally received a response from the VA. I requested a full audit of my account and as I suspected they owed me money. They recently came through with almost $7k that they had shorted me on my disability comp. However, they still have recouped $12,116.00 out of my disability comp that I will be investigating to see if they owe me that as well. The VA is no longer recouping anymore of my pay so maybe I should leave well enough along but I will be talking with my DAV rep tomorrow about the $12k and if there is anyway to get that returned to me. All in all, the result has been very good. Stay strong, never give up and never trust that the people at DFAS and the VA get it right the first time, they are only human and the laws are very, very complicated. Keep asking questions and check everything. Get some competent representation from a VSO as well. I'll let you know if I have anymore results...it might be another couple of years but who cares...if it's your money, it's your money. Don't let anyone tell you that you don't deserve it or should be content with what you HAVE received. This is about you and your family's future.

Kevin
 
Orion69 said:
Hey fellow veterans,

So after waiting and waiting and waiting I finally received a response from the VA. I requested a full audit of my account and as I suspected they owed me money. They recently came through with almost $7k that they had shorted me on my disability comp. However, they still have recouped $12,116.00 out of my disability comp that I will be investigating to see if they owe me that as well. The VA is no longer recouping anymore of my pay so maybe I should leave well enough along but I will be talking with my DAV rep tomorrow about the $12k and if there is anyway to get that returned to me. All in all, the result has been very good. Stay strong, never give up and never trust that the people at DFAS and the VA get it right the first time, they are only human and the laws are very, very complicated. Keep asking questions and check everything. Get some competent representation from a VSO as well. I'll let you know if I have anymore results...it might be another couple of years but who cares...if it's your money, it's your money. Don't let anyone tell you that you don't deserve it or should be content with what you HAVE received. This is about you and your family's future.

Kevin
Click to expand...

Appreciate the update; good information for the historical archives! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Okay, I am new to this and might be re-stating something that has already been asked, But I could not find anything specific, so I thought I would ask it in this thread.
I just received a letter concerning a PBDR, prior to that letter, I had no idea this even existed. Here is a little background
I Served a total of 11 years 5 months Active Duty Air Force
I was medically boarded in 2007
Received severance pay.
Was discharged with a 10% rating from the Air Force which turned into a 30% rating from the VA.
I am currently paying back the severance pay to the VA (at 10% a month due to the initial AF rating)
I am current VA rating is 80%
If I go through the PDBR process and am awarded retirement, I know I will never actually see any retirement pay (I receive more from disability), but with the new date of retirement, does that mean the severance will be taken out of the retroactive pay? I am hearing some people say they are being forced to pay the severance back twice (once to DFAS, and once to the VA). Is that correct? If so, can some one explain how?
I am debating whether or not to go through the PDBR Process. Any info would be greatly appreciated.

Mike
 
MTPR said:
Okay, I am new to this and might be re-stating something that has already been asked, But I could not find anything specific, so I thought I would ask it in this thread.
I just received a letter concerning a PBDR, prior to that letter, I had no idea this even existed. Here is a little background
I Served a total of 11 years 5 months Active Duty Air Force
I was medically boarded in 2007
Received severance pay.
Was discharged with a 10% rating from the Air Force which turned into a 30% rating from the VA.
I am currently paying back the severance pay to the VA (at 10% a month due to the initial AF rating)
I am current VA rating is 80%
If I go through the PDBR process and am awarded retirement, I know I will never actually see any retirement pay (I receive more from disability), but with the new date of retirement, does that mean the severance will be taken out of the retroactive pay? I am hearing some people say they are being forced to pay the severance back twice (once to DFAS, and once to the VA). Is that correct? If so, can some one explain how?
I am debating whether or not to go through the PDBR Process. Any info would be greatly appreciated.

Mike
Click to expand...
Mike,

I spoke with DFAS (Army) and this is what they explained to me:

If a retiree's VA compensation is higher than their DoD retirement DFAS would not touch said compensation. Now, if there is ever a time where the retiree's DoD becomes higher than their VA compensation, money will start to be with held to pay back the severance. I am going to assume that the retiree goes back to work for the DoD as a civilian and retires. DFAS did state that they would only take out 2/3 of the retirees pay. Good luck!

Frank,
 
franky said:
Mike,

I spoke with DFAS (Army) and this is what they explained to me:

If a retiree's VA compensation is higher than their DoD retirement DFAS would not touch said compensation. Now, if there is ever a time where the retiree's DoD becomes higher than their VA compensation, money will start to be with held to pay back the severance. I am going to assume that the retiree goes back to work for the DoD as a civilian and retires. DFAS did state that they would only take out 2/3 of the retirees pay. Good luck!

Frank,
Click to expand...

Thanks for the info Frank. So just to be clear as mud. Because my disability compensation is higher than what my retirement would be, I will not get a retirement check. That makes sense, and since that is the case, I will not have to recoup the severance pay until that retirement pay equals more than my disability compensation (so most likely never)? Also, I am currently having 10% of my disability compensation taken out to repay the severance on the VA side, if the PDBR raised my Military rating to 30%, do you know if that will effect my repayment percentage? Again I apologize if this is old information, I just want to get as much info as possible, and everyone here seems to have the best knowledge.

Mike
 
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