The recoupment of severance pay from the compensable rating assigned for the service-connected left knee disorder was proper.
The deciding factor: The law requires recoupment when the disabilities found to be service-connected are the same as those upon which disability severance pay is granted, and this case meets that requirement.
- Claimed conditions
- bilateral knee disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2009
- Citation
- 0910272
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disorder with radiculopathy of the lower extremities and bilateral hip and knee disorders due to the need for VA examinations.
- Denied
The Board denied service connection for lumbar spine, bilateral knee, hip, shoulder, and ankle disorders as they are not shown to be causally or etiologically related to any disease, injury, or incident during service.
- Denied
The Board denied the veteran's claims for service connection for a left ankle disorder, bilateral knee disorder, scars, and left shoulder disorder as there was no evidence of current disabilities during or related to active service.
- Dismissed
The Veteran withdrew the appeals seeking to reopen service connection claims for PTSD, bilateral knee, and back disorders on the basis of new and relevant evidence.
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