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| Tweet Topic Started: Nov 28 2007, 12:06 PM (349 Views) | |
| Sunshine | Nov 28 2007, 12:06 PM Post #1 |
Ruler of the Mountain
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Some of our injured troops returning from Iraq and Afghanistan are facing a ridiculous and unnecessary obstacle. Because they have been discharged early, they are not receiving their full enlistment bonuses. Some are even be asked to return payments they have already received. A new bill that would ensure this does not continue is gaining momentum in Congress, and lawmakers need to hear from civilians who support it. We can help our nations' veterans on this critical issue. Please take a minute to send a message to your representatives, and tell them you support this bill. Iraq and Afghanistan Veterans of America has made it easy - just visit www.iava.org Thank you! |
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| Herb | Nov 29 2007, 06:01 PM Post #2 |
Ruler of the Mountain
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Actually this bill is redundant. The Department of the Army has already exempted these vets from having to pay back the bonus received if the reason for not completing the promised service is not the veterans fault (ie, misconduct, desertion, etc). The Army is trying to find where the problem is and fix it. Computer glitch? GIGO, is more like it. Meanwhile, if anyone knows of someone that received one of those letters, they need to write/call the appropriate agency and start an appeal of the decision. We do need to get the law changed that takes money back from an injured vet if they received a medical separation payment from the service and later are awarded VA disability benefits. The way that law stands is that a person cannot receive compensation from 2 separate agencies for the same thing. If a member is medically discharged the service provides a special payment to the person. The problem arises when the vet is later awarded a disability and payment through the VA. The vet has to pay the service payment back before receiving any money from VA. I think this sucks. Here is an explanation of one case. http://redbook.gao.gov/11/fl0050019.php Separation pay under 10 U.S.C. Sec. 1174 is a contingency payment to ease the re-entry into civilian life of members of the armed services involuntarily separated from active duty prior to becoming entitled to retired pay. See 62 Comp.Gen. 174 (1983). The statute requires "coordination" when a member who has received a separation pay payment later qualifies for retired or retainer pay or VA disability compensation. 10 U.S.C. Sec. 1174(h). Regarding coordination with disability compensation, the statute provides in pertinent part as follows: A member who has received separation pay . . . based on service in the armed forces shall not be deprived, by reason of his receipt of such separation pay . . . of any disability compensation to which he is entitled under the laws administered by the Department of Veterans Affairs, but there shall be deducted from that disability compensation an amount equal to the total amount of separation pay . . . received. 10 U.S.C. Sec. 1174(h)(2). I cannot find the article about the vet that was medically discharged from the Army and received a separation payment from the Army and was later rated disabled by the VA. He had to pay back the money from the Army before he received any money from the VA. |
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