Need some insight on my disability pay.

[Integrity57]

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]

I was medically separated 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 received 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.

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 severance before I recieve my payments. At the 10% rate, I will be 81 years old before I see a dime. The crux of it is, I paid income tax on that 50k, yet I have to repay 50k???? That is BS...that is essentially a double tax. On top of that, getting your rating increased is a joke. I have had another surgery on my shoulder to make me right since I have been out. I have paid for it out of my own pocket because the VA sucks. I also have other issues which I feel I rate something for. I seriously think VA doctors are told if someone is medically discharged, keep them at their initially rating no matter what. It is all a sham. Do yourself a favor...suck up the pain, make yourself better, and find a good job. That is what I did. Lord knows if I would have waited on the VA, I would be homeless by now.

[Phantom Blooper]

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.

[oldtop]

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]

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]

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]

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 want more or I want to stay active. The final appeal read that they granted me 10% and sent home on termeninal leave while awaiting discharge. In Jan of '79 I received my discharge but not a medical like I thought instead it was an Honorable with severance pay. Well no one told me about the VA until around '85 so I went down and filed with VA to add my wife on. I received a letter back from VA raising me to 40% but not until the month after my severance was paid back which had already past. I waited 10 years before I went back for an increase which only took about a month and I was increased to 60% with a letter informing me that I could apply for unemployable 100%. I waited the 10 years because they could not lower me after that amount of time they could only keep me the same or raise me.

Two things from this, one is yes you will have to pay back severance pay and two, after 10 years at one rate they can not take that rate away from you. This is how I understood the VA rules.

Semper Fi,