PDA

View Full Version : Need some insight on my disability pay.



Integrity57
12-21-09, 08:27 PM
I was medically seperated from the Navy Aug. 31 of this year because of chronic hip pain after having surgery on my left femur to remove an osteochondroma (basically the top of my left femur was overgrown and causing me pain when I walked, ran, stood at attention for pro-longed periods of time.) The surgeon inserted a titanium rod and plate in/on my femur to reinforce the bone after he removed the excess bone and after recovering from the surgery and going through Physical Therapy the pain only got worse when I walked, jogged, tried to run, climbed stairs, etc. excessively throughout the day.

Because I still had 2 years left of my enlistment when I seperated I received $8,000 (after taxes) for severence pay. Well I just recieved my disability/compensation findings from the VA today and it states that I won't recieve my disability pay from the VA until my severence pay which was almost $11,000 before taxes is paid back and says the effective date when I'll receive Disability pay is Apr 1, 2015. Has anyone else experienced anything like this in their Disability case or can someone explain why I have to pay back my severence pay to receive my disability pay? Much thanks in advance to anyone who can explain this to me.

firedog974
12-21-09, 08:40 PM
It is a friggin sham. I was (are)in the same boat. When I got out after 10 years of service for a shoulder injury, I received almost 50k. I was rated by the VA at 10%, yet I have to re-pay my...

Phantom Blooper
12-21-09, 09:22 PM
If you are able to increase your disability rating to over 10% and you will start receiving some money(little) to pay back the government.

Anything in your medical record can possibly be used as SC....request copies of your records and see a service organization representative.

Yes it is BS...but you are dealing with a government organization...gather enough information to used like ammo in a war situation.

Also fight the VA with a battle order similar to SMEAC and biotch all you want...but never give up.

Ortho disabilities can have residual effects that may or may not effect your health...the key word with the VA when filing claims. Arthritis is one after a bone operation.

If need be and you are able also use a civilian doctor to gain a little ammo to be used in reserve for a surprise attack.:evilgrin:

oldtop
12-22-09, 09:03 AM
Unfortunately, it is considered "double dipping" or getting paid twice for the same thing, so before you will began collecting your disability from the VA you will have to pay back the disability severance pay, Fortunately for you, a change in the law in 1994 only requires you to pay back the money you actually received, not the total amount of the disability severance pay (so you don't have to pay back the taxes taken out....whopeee!). Now to your options...your best bet is to wait one year from the date of your VA award effective date, then after 1 year, submit for an increase, and submit for any additional disabilities that you may have incurred in service. WHY WAIT????
Simply because one year after your initial award that rate becomes your "recoupment rate", and the VA will continue to recoup that amount from your disability pay. You get an increase, VA continues to recoup at the original rate, you get the additional amount. For example, the current 10% rate is $123, suppose you get it increased to 30%, which is $376.. VA keeps $123 towards your severance pay pay back, you get the other $253. If you appeal the initial rateing and win, that new rate becomes your recoupment rate. If you allow the 10% to stand for 1 year, that amount becomes your permanent recoupment rate, and you get to keep any increased amount .

hbharrison
12-22-09, 10:52 AM
Going through the say BS with the VA now I have an Attorney and things are a changen for the better they want to talk now, that is the VA wants to talk still working on it. There are some good VA disability Attorneys out there just got to look for one they can cut passed the VA BS.

Integrity57
12-22-09, 03:51 PM
Thanks for the advice gentlemen, I'm currently rated at 10% which is what the Medical Review Board rated me at before I seperated and what the VA gave me for a rating and I'm definetly going to take the MSgt's advice and wait the first year then submit for an increase. My surgeon told me I have a 100% chance of arthritis in my left hip and the ortho and PT docs I saw after the surgery told me that with having one hip jacked up it's going to effect my other hip, knees, and ankles which it does and which ironically were all hurting pretty bad yesterday when I received my findings in the mail. Thank you again for your advice and opinions gentlemen.

bpeterson
01-13-10, 05:14 PM
I know this is after the fact but in '78 I went through a medical review for an injury that I received in '73 or '74 and was given a 30%. I was still on active duty so I argued and said I either...