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Q694: Why isn't any member of congress working on amending the law, CFR 38-3.700, to better serve disabled military veterans? Apparently the law does not clearly explain the terms or when appropriate action would be taken. It states one cannot receive Separation Pay and VA Compensation but it does not state what that means. If a veteran gets Separation Pay for any reason and then years later learns he/she can apply for VA Compensation and does apply the VA can and will keep a disabled veteran from receiving VA Compensation until the Separation Pay is repaid. The VA forces a disabled veteran to pay the full amount even though tax was withheld years/decades earlier. It puts an extra burden upon the disabled veteran to get his/her tax returned. Members of Congress and the President need to fix this issue. It appears that the original intention was you cannot receive Separation Pay and VA Compensation at the same time. Most who discover this situation did not get Separation Pay while getting VA Compensation concurrently. It seems if the VA wishes to withhold VA Compensation from years/decades ago it should pay the VA Compensation back to when the Separation Pay was first paid. This situation puts a real burden on disabled veterans who discover this later in life when they are less likely earning a high income. It is like "Thank you for your Service, but not really". I have seen nothing where the DAV, VFW, American Legion, and others are bringing this situation up during their lobbying efforts on Capitol Hill. It should not be so hard for Congress to do the right thing.
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A1: They did the same thing to me. I was out 14, 000.00. I was like "So the Air Force wants a smaller force, my performace is all 5s, you break your contract with me, then because I was injured in the line of duty (by no fault of my own) your gonna recoup that money from me?" If a street drug dealer or car salesmen did that a** backwards kind of math they would be in court (or the ICU) in a heartbeat.. But I guess a Vet with 28 medals that will never walk or sleep right again is the ine the VA leans on!! Heres a fun fact, if the VA was disolved and all thier assets, land, and budget was dispersed among all Vets alive or dead that would be 8,000.00 a month for life!!! If you can't fund proper care with 8k something is wrong with you. Good luck. (HC) 4/15/21
A2: This is a very complicated issue and cannot be completely addressed here. The law has changed several times during the years. VA does NOT necessarily withhold ALL the separation pay. It depends on when the veteran was discharged. If a veteran was paid disability severance pay, he/she is paid similar to compensation pay. I have had veterans come to the office after getting out and received $73K and file for disability compensation. I think you are saying that the veterans should be able to be paid the $73K and also be paid by the VA for the same thing?? If you will look in M21-1MR, Part III, Subpart v, Chapter 4, Section B, you will find charts that explain when and if the pre tax amount or the net will be withheld. Yes, a complicated process, but again, it has been looked at and modified through the years and probably will be again. (DS) 4/15/21
A3: I am unsure if anyone in Congress is working on this issue.
Contact your congress person and ask them if there is a bill and ask if they are a co-sponsor.
If there is not a bill, tell your congressional representative to get busy on it.
https://www.house.gov/representatives/find-your-representative (RJ) 4/15/21
A4: The VA should live up to its own mission statement, that of caring for veterans, to do anything that takes from that, including withholding benefits because of another departments rules is a disservice to veterans, and is a blatant lack of honor on the part of the VA. (JS) 4/15/21