The veteran's VA disability compensation is properly subject to recoupment of her military separation pay (less federal income tax withheld) that she received when discharged from service.
The deciding factor: The law mandates the recoupment of the veteran's military separation pay, as prescribed by Congress and implemented by VA regulation.
- Claimed conditions
- residuals of carcinoma of the right breast
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 30, 2001
- Citation
- 0109611
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0109611.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral mastectomies associated with residuals of carcinoma of the right breast, status post lumpectomy from March 2, 2012 to present more nearly approximate a simple mastectomy or wide local excision with significant alteration of the size and form of both breasts. The Board finds that the current 50 percent evaluation is warranted.
- Denied
The Board found that the veteran's residuals of bilateral mastectomies did not meet criteria for a higher evaluation prior to May 21, 1995 and after May 22, 1995 under both old and new rating criteria. Separate evaluations for nerve damage were not available under the old criteria but would be permissible under the new criteria.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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