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VA General Counsel Precedent Opinions |
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PREC 14-92 Concurrent Payment of VA Disability Compensation & Voluntary Separation Incentive or Special Separation Benefits
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PREC 14-92 Concurrent Payment of VA Disability Compensation & Voluntary Separation Incentive or Special Separation Benefits Citation: Vet. Aff. Op. Gen. Couns. Prec. 14-92, VAOPGCPREC 14-92, 1992 QUESTIONS PRESENTED:
a. Should VA disability compensation be offset to recoup the amount of special separation benefits received by a veteran under authority of 10 U.S.C. § 1174a?
b. Should VA disability compensation be offset to recoup the amount of voluntary separation incentive payments received by a veteran under authority of 10 U.S.C. § 1175, or is the Department of Defense (DoD) responsible for any recoupment of concurrent benefits?
HELD:
a. In accordance with the provisions of 10 U.S.C. § 1174a and 38 C.F.R. § 3.700, VA disability compensation should be offset to recoup the amount of special separation benefits received by a former member of the armed forces.
b. VA disability compensation need not be offset when a veteran is in receipt of voluntary separation incentive payments under authority of 10 U.S.C. § 1175, since any offset will be from the voluntary separation incentive.
VETERANS ADMINISTRATION GENERAL COUNSEL
Vet. Aff. Op. Gen. Couns. Prec. 14-92
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