The Board found that the withholding of compensation benefits to recoup disability severance pay in the amount of $6,392.00 was proper and denied the Veteran's appeal.
The deciding factor: VA is required to recoup from disability compensation an amount equal to the total amount of separation pay less the amount of federal income tax withheld from such pay unless VA discovers that the Veteran's service department withheld the tax but later refunded it in which case it must refund the gross/pre-tax amount. In this case, the RO properly calculated the amount to withhold and applied the withholding method that paid the Veteran the higher rate of compensation.
- Claimed conditions
- Right Shoulder Disability, Right Knee Disability, Lumbar Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2018
- Citation
- 1817678
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 1817678.
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.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there is no evidence to support an etiological relationship between his current condition and his military service.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
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