#VeteransRights #DisabilityRights #LegalAdviceNeeded
Hey everyone, I need some advice about a concerning situation involving my father who was honorably discharged from the Military 30 years ago. Recently, after receiving disability and VA help, they have mentioned they are going to sue him for the discharge money. Is this even legal? I am worried and looking for guidance on how to assist him. Here’s a bit more context:
– My dad is a Desert Storm/Shield veteran living in Oregon
– He started showing signs of Gulf War Syndrome last year, alongside other service-related disabilities
– The VA recently withdrew his disability benefits, claiming his issues were not from his time in the Army
– Now they are asking for the money he was given upon discharge 30 years ago
This whole situation sounds unjust and I’m unsure of what steps to take. Can they really ask for this money after all this time? Is there a specific type of lawyer or organization we can turn to for help?
One possible solution could be:
– Seeking legal advice from a veteran’s rights attorney or contacting organizations specializing in veteran’s advocacy
Any advice or insights would be greatly appreciated. Let’s help support our veterans in need! 🇺🇸 #SupportOurVeterans #MilitaryFamilies #LegalAid
Start with a disability attorney, even if just a free consult if they need to point you to a different specific attorney. You might also reach out to your congressman or senator to get involved, it’s bad press to VA to treat a veteran so.
Was the communication in writing from the VA? If not, then it could be a scam.
You need to speak to a VA disability attorney in Oregon. There’s quite a few and usually they’ll take the case on contingency and for most the initial consultation is free.
I especially find it odd that the VA is withholding treatment because VA medical care is separate from Veteran’s Disability Compensation. Especially if your Dad is an eligible Veteran.
This does sound like a scam.
A veteran who qualifies for medical care, qualified for medical care. Medical care is not tied to disability.
Disability status may be tied to a check your father gets, but would not affect medical treatment at all. The exceptions would be whether the VA would pay for a nursing home, in home caregivers, or hospice. A veteran who is qualified to receive primary care and hospital care is qualified for those without exception. Disability is about compensation for injuries received while in the military. If there was an overpayment, typically the check is garnished over a time to repay the overpayment. To get disability there is a lengthy process that requires a physical exam by a physician, and often other specialist providers, followed by interdisciplinary team meetings to approve or deny the claim. There is no way the VA is saying we got it wrong 30 years ago ,and, congratulations, you were never disabled.
I’m confused. His rating being recended for not being service related is very different than collecting the 13k severance.
Typically, if you are rated under a certain percentage, you will be paid a lump sum, then have to repay that over time using your disability payments. Once that is repaid, then you will receive a monthly payment.
But them recending his disability means he is no longer going to receive anything such a health care from the VA. Not being service connected means it’s not the VAs responsibility to treat that injury.
I would speak to the VA or someone some sort of veteran advocate group.
NAL, but a veteran who has been through the medical separation process. If you were paid a separation check by the military, whether it’s a medical separation or a non voluntary separation (not admin discharge or any type of discharge not honorable) it must be paid back if you receive any benefits from the military. If you got a medical separation with a check and you are now claiming VA disability for that same claim that got you separated, you must pay back that separation check. They can only take the prorated amount that the disability adds to your VA rating, not the whole check.
With all that being said, check with your local VSO or VA attorney. It’s a lot more convoluted than what I said.
I think the VA has to recoup the funds he was given they typically do that for medical discharge cases but what they are supposed to do is reduce the VA payments until that money is collected. He should get a portion stipend until then then will get his full payment after it’s all recouped. I’m not a 100% but you can call the VA and have them explain.
The va hospital can put him in touch with an advocate. Also, he would have had to go through exams and be approved for the disability before the VA would pay him to begin with. So for them to turn around and suddenly say he isn’t qualified sounds like a scam. Also there is a va website that he should be able to log into with the status of his disability. http://Www.va.gov/claim-or-appeal-status Also http://www.va.gov has lots of useful links for veterans. Phone number 800-698-2411 They should be able to direct you for help.
He needs to get in touch with a patient advocate at the VA. They may be able to work out a payback program. He can also log in to va.gov and look at overpayment status
There’s a website called The American Legion which helps veterans with legal help. I know because I dealt with them when my dad needed some help, and it was free of charge. I don’t know what state you live in so here’s a link that will show you all the states and you can go from there. [State Benefits and Services | The American Legion](https://www.legion.org/veteransbenefits/state). Good Luck
You should consider a visit to the local office of your member of Congress. Usually Representatives are more responsive than Senators. There is usually someone in their office who can help you sort this out without the expense of an attorney.
There is no such thing as “Gulf War Syndrome”. Everything supposedly in the Syndrome can be accounted for with PTSD, lead poisoning, or exposure to other carcinogens.
I am not denying your father expirences discomfort. But calling it Gulf War Syndrome makes me question if your father was properly diagnosed for his ailments.
From what I know of the subject, you either get a one-time payout when you’re discharged (the $13k) or ongoing benefits, but not both.