The Board has determined that the withholding of VA compensation benefits to recoup Separation Pay in the amount of $31,101.34 was proper and this appeal must be denied as a matter of law.
The deciding factor: The withholding of compensation benefits to recoup Separation Pay is required by law under 10 U.S.C. § 1174 and VA regulations.
- Claimed conditions
- hypertension, migraines, hypogonadism and erectile dysfunction, allergic rhinitis, left shoulder rotator cuff tear, lumbosacral strain, sleep apnea, posttraumatic stress disorder (PTSD), major depressive disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- October 12, 2023
- Citation
- A23028206
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 A23028206.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
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