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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32821
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am being involuntary separated, the VA gave me a

Customer Question

JA: Hello. What do you want help with?
Customer: i am being involuntary separated, the VA gave me a disability rating of 70%. can i not get medically retired instead of seperated.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Have you talked to anyone in the chain of command about this?
Customer: yes, they have no answers
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes they stated that i would get separation pay, is it true that i cannot receive my va disability if i take the separation pay
JA: When we are ready I'll take you to the appropriate web page.
Customer: im ready
Submitted: 1 month ago.
Category: Military Law
Expert:  P. Simmons replied 1 month ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 month ago.

It is true that you can NOT receive VA compensation after you receive a military severance until you "pay back" the money. So, for example, if your severance was $20K, and your VA compensation was $2K/month, you have to wait 10 months to start receiving compensation.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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