PREC 9-96    Concurrent Payment of VA Disability Compensation and Reservists' Special Separation Pay (RSSP) and Reservists' Involuntary Separation Pay (RISP) under Pub. L. No. 102-464     Citation: Vet. Aff. Op. Gen Couns. Prec. 9-96, VAOPGCPREC 9-96, 1996

QUESTION PRESENTED:

a.  Whether VA disability compensation must be offset to recoup the amount of Reservists’ Special Separation Pay (RSSP) received by a veteran under Pub. L. No. 102-484?

b.  Whether VA disability compensation must be offset to recoup the amount of Reservists’ Involuntary Separation Pay (RISP) received by a veteran under Pub. L. No. 102-484?

HELD:

a.  The Department of Veterans Affairs (VA) is not authorized under section 4416(b) of Pub. L. No. 102-484 to offset VA disability compensation to recoup the amount of Reservists’ Special Separation Pay (RSSP) received by a veteran pursuant to section 4416(b).

b.  Section 4418(c) of Pub. L. No. 102-484 which provides that the provisions of section 1174(h)(2) are applicable to Reservists’ Involuntary Separation Pay (RISP) and 38 C.F.R. § 3.700(a)(5) require VA to offset disability compensation to recoup the amount of RISP received by a veteran pursuant to section 4418 provided that the VA compensation is for a disability incurred in or aggravated by service prior to the date of receipt of the RISP.