How do you get the gov to stop taking a percentage of your disability and get the money already taken back?

2021-10-21T01:07:51-04:00

Honorable discharged under medical. was told couldn't have 2 retirements. this was not a retirement, was medical. Been trying to find out how to get them to stop taking the percentage and return what they took so far. I know it can be done, heard from another that had his stopped and a lump sum returned for what they already took. a medical lump sum is not a retirement?

Response by SFC Marc W. made Oct 21 at 2021 9:21 AM

2021-10-21T09:21:29-04:00

Sounds like you were medically separated and took the lump sum payment.
If you were medically separated and received a lump sum payment at time of discharge, then yes you will lose a portion of your VA disability until that lump sum is paid back.

Response by CPT Lawrence Cable made Oct 21 at 2021 10:52 AM

2021-10-21T10:52:13-04:00

Do you have another retirement? Did they medically retire you and you also pull a VA Pension? If that is the case and you have less than a 50% disability rating, any VA pension must be offset against your retirement. Call the VA office as ask them to explain Concurrent Retirement and Disability Pay (CRDP) and see if this applies to you.