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Thomas McJD
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HAS THERE BEEN A SUCCESSFUL LAWSUIT AGAINST THE VA FOR RECOUPMENT

Resolved Question:

HAS THERE BEEN A SUCCESSFUL LAWSUIT AGAINST THE VA FOR RECOUPMENT OF SEVERANCE PAY.
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Could you be a little more specific? Were you supposed to receive severance pay and did not? I'll be able to assist you better the more facts you can provide. Thanks.

Customer:

I received severance pay for a 20% disability from the army on November 16, 1986. The VA rated my disability and I am receiving disability pay, but they are still deducting the recoupment from my disability pay. They sited VA statute of 38 CFR. I don't think it is right, but in 27 years of asking, I have never heard of a successful attempt to test this action. Thank you Larry

TMcJD : So, just to make sure I'm clear, you received severance pay and are now receiving disability pay. However, they are recouping the severance pay from your disabiilty check. Is that correct?
Customer:

That is correct.

TMcJD : Okay, unfortuantely, the law on this is clear -- where the severance pay was disability related and you also receive disability payments for the same disability, the VA can and will recoup the severance pay from the diabiilty payments. That way you don't get compensated for the same injury two ways.
TMcJD : Sorry I didn't have better news for you -- the law should be different in your situation -- certainly. But unfortunately this is another case of the government trying to save a buck at the expense of the little guy and wasting millions on stuff that doesn't benefit any of us.
Customer:

OK, thanks for your answer.

TMcJD : Please let me know if you need clarification or additional information. If not, please leave me a positive rating so I can receive credit for my work.
TMcJD : Thanks and have a great day!
Thomas McJD, Attorney
Category: Legal
Satisfied Customers: 6513
Experience: Legal Expert
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