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VA General Counsel Precedent Opinions |
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PREC 12-96 Recoupment of Armed Forces Severance Pay from Veterans' Disability Compensation
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PREC 12-96 Recoupment of Armed Forces Severance Pay from Veterans' Disability Compensation Citation: Vet. Aff. Op. Gen Couns. Prec. 12-96, VAOPGCPREC 12-96, 1996 QUESTION PRESENTED: Whether 38 C.F.R. § 3.700(a)(3) or any other legal authority requires withholding of a veteran’s Department of Veterans Affairs (VA) disability compensation to recoup the amount of nondisability severance pay received by the veteran from the veteran’s armed forces component upon discharge from military service.
HELD: Section 1174(h)(2) of title 10, United States Code, which provides that there shall be deducted from any disability compensation under laws administered by the Department of Veterans Affairs (VA) an amount equal to the amount of separation pay received under section 1174 or severance pay or readjustment pay received under any other provision of law, requires that VA recoup from a veteran’s VA disability compensation the amount of “nondisability severance pay” received by the veteran under section 631 of Pub. L. No. 96-513. The statement in 38 C.F.R. § 3.700(a)(3), which reflects the statute requiring recoupment of disability severance pay, that, “[t]here is no prohibition against payment of compensation where the veteran received nondisability severance pay” is of no effect as it is inconsistent with 10 U.S.C. § 1174(h)(2). |
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