Military bonus recovery after 26 years

[daengmei]

When I was released from the US Army in 1991 I was paid a separation bonus. This just 2 years after a stroke stole my senses and most of my life. I didn't even know I probably qualified for Veterans Disability until a nurse at the VA Hospital asked me. So then I applied and it took 18 months or so and payment began. This was around June of 2012 I believe, 21 years later. Just under a year after payment began I was at the VA office asking to have the percentage looked into, I didn't think it was right. I was asked if I received a separation bonus....how could I remember that? A few weeks later I received a mailed notice that they were considering recoupment of that bonus. Seems the regulations said so. I was to provide reason to prevent the recoupment and thought I had with several facts of income loss, actual filing time, etc. Fast forward to Friday...I did not receive disability....finally found out who to call. They have decided to recoup that payment, that will take about 14 months at about $1150 per. Oh yes they sent me a letter....I did not see one, thankfully they will send another. Anyone that may have any experience with this mess of Govt nonsense could give me some advice to appeal this? Again... Thanks,
Jim

[Love Life]

Standard practice, unfortunately. Service members receiving separations pay under US code title 10, are subject to recoupment of said bonus if approved for VA disability pay.

[Ickisrulz]

Have you looked here? Some debts can be waived.

https://www.dfas.mil/waiversandremissions.html

[hunter12]

Go to your local VFW or similar establishment and ask around

[richhodg66]

Go to your local VFW or similar establishment and ask around

VFW and American Legion are the lead dogs on such matters when you're retiring. The DAV is probably also a good route.

[SciFiJim]

Hopefully, you also have a good congressman. Perhaps, something can be done from that end as well. Some of them actually do the job they were sent to DC to do. It never hurts to work every avenue available.

[JimB..]

Dumb question, did they pay the disability back to your separation, or did they just start the payments? If the later, which is greater the separation check that you did receive or the disability that you were eligible for but not paid?

I have zero experience with this, just thinking of the possible argument. Not getting paid separation if you are still getting paid for disability kinda makes sense, but if you weren’t double dipping maybe there is at least a good enough argument to get someone interested.

Good luck, and of course thank you for your sacrifice.
Jim

[lefty o]

Dumb question, did they pay the disability back to your separation, or did they just start the payments? If the later, which is greater the separation check that you did receive or the disability that you were eligible for but not paid?

I have zero experience with this, just thinking of the possible argument. Not getting paid separation if you are still getting paid for disability kinda makes sense, but if you weren’t double dipping maybe there is at least a good enough argument to get someone interested.

Good luck, and of course thank you for your sacrifice.
Jim

VA only pays back to the date you file a claim.

i honestly havent heard of the situation, of course i never met someone who got a seperation bonus.

[JimB..]

VA only pays back to the date you file a claim.


Bummer, but just another hurdle. Little hard to follow the timeline, but perhaps the stroke interfered with his reasoning ability or memory as relates to the filling he should have done. Can’t believe that the service took advantage of a veteran with a disability, lots of people knew that he qualified, but nobody was willing to help for more than 20 years. Heck the news might pick that up.

Just making it up as I go to get the OP thinking creatively.