Expert: Cynthia Bedell - 6/17/2008

Question
I recent separated from military duties with a 10 percent rating and severance pay. Now I'm being told that I do not get the 10% because I receive the severance pay. How true is this? My understanding was both entitlement. Please help. Thank You.

Answer
Dear Gladys --

This is a difficult one to answer because I cannot see your medical board proceedings, and final disposition.  However, I will answer with some generalities, so you can then make the appropriate inquiries and applications.

First, service members receiving a discharge for medical reasons, must choose between a medical separation (with a lump sum payment) or a medical retirement (small monthly payments based on rank, length of service, and how much of the pay is tax free due to service related injury (your 10% disability rating)).

Since you chose the lump sum separation payment, you are not authorized any retirement payments or associated retirement benefits from the military.

You may now apply to the Veterans' Affairs Administration concerning the illness or injury for which you received your 10% disability rating.  First, see if you qualify for a higher disability rating from the VA.  Then apply to the VA for your disability payment based on their assessment of your disability.  This is where you would get your supplemental monthly disability payments, from the VA.  Also, you can then apply to the VA for job rehabilitation training, and free classes to prepare for jobs that you can do within the limits of your disability.

Please write back, if you have additional questions.  I wish you the best of luck.  Thank you for your service.