---
title: "Part VI, Subpart ii, Chapter 2"
document: "M-21-1"
section: "Part VI, Subpart ii, Chapter 2"
canonical: "https://veteranai.co/va-regulations/m21-1/vi.ii.2"
source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179478/M21-1-Part-VI-Subpart-ii-Chapter-2-Recoupment-of-Separation-Benefits"
updated: "2026-09-06T14:36:59.437350Z"
---

September 2, 2026  

### VI.ii.2.1.a. Prohibition Against the Duplication of Benefits

[38 CFR 3.700](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1700&rgn=div8>) prohibits the Department of Veterans Affairs (VA) from paying compensation to a Veteran who also received certain separation benefits from the 

  * Department of War (DOW), or
  * Department of Homeland Security (if the Veteran served in the Coast Guard). 

These separation benefits include:

  * readjustment pay under former 10 U.S.C. 687 and 3814a
  * non-disability severance pay under former 10 U.S.C. 359, 360, 859, and 860
  * separation pay under [10 U.S.C. 1174](<https://www.law.cornell.edu/uscode/text/10/1174>)
  * reservists’ involuntary separation pay (RISP)
  * special separation benefit (SSB) under [10 U.S.C. 1174a](<https://www.law.cornell.edu/uscode/text/10/1174a>)
  * voluntary separation pay (VSP) under [10 U.S.C. 1175a](<https://www.law.cornell.edu/uscode/text/10/1175a>), and
  * disability severance pay under [10 U.S.C. 1212](<https://www.law.cornell.edu/uscode/text/10/1212>).

**References:** For more information on

  * readjustment pay under former 10 U.S.C. 3814a, see M21-1, Part VI, Subpart ii, 2.1.e
  * readjustment pay under former 10 U.S.C. 687, see M21-1, Part VI, Subpart ii, 2.1.f
  * non-disability severance pay, see M21-1, Part Part VI, Subpart ii, 2.1.h
  * separation pay under [10 U.S.C. 1174](<https://www.law.cornell.edu/uscode/text/10/1174>), see M21-1, Part VI, Subpart ii, 2.1.i
  * RISP and reservists’ special separation pay (RSSP), see M21-1, Part VI, Subpart ii, 2.1.j
  * SSB and Voluntary Separation Incentive (VSI), see M21-1, Part VI, Subpart ii, 2.1.k-n
  * VSP, see M21-1, Part VI, Subpart ii, 2.1.o and p
  * Voluntary Retirement Incentive (VRI), see M21-1, Part VI, Subpart ii, 2.1.q, and
  * disability severance pay, see M21-1, Part VI, Subpart ii, 2.3.

### VI.ii.2.1.b. Determining Whether a Veteran Received Separation Benefits

Use the table below to identify sources that will typically reveal whether a Veteran received separation benefits and, if the source identifies the amount of the separation benefit, whether that amount is verified.  | **If the source is ...**| **Then the separation pay amount is ...**  
an application for VA compensation or pension| ** _not_** verified.**Important:** Follow the instructions in M21-1, Part VI, Subpart ii, 2.2.b to verify the amount of separation pay.  
_DD Form 214, Certificate of Uniformed Service_  
the MISCELLANEOUS INFO tab on the VETERANS IDENTIFICATION screen in the Beneficiary Identification and Records Locator Subsystem in Share  
the MILITARY PAYMENTS tab on the MILITARY INFORMATION screen in Share  
the DISCHARGE PAY tab on the MILITARY PAYMENT INFORMATION screen in Veterans Benefits Management System (VBMS) - Awards (VBMS-A)  
the MILITARY PAYMENT DATA tab in the FINANCIAL INFORMATION screen of VBMS Core  
the fields below the _Non-Recurring Pay at Separation Information_ heading on the DFAS/CG PAYMENTS screen in Veterans Information Solution (VIS)| verified.   
a response to a request for information/records submitted through

  * the Personnel Information Exchange System (PIES) (such as _VA Form 21-3101, Request for Information_), or
  * [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>) (Defense Finance and Accounting Service)

a letter from

  * the branch of service
  * DFAS Retired and Annuity, and/o
  * DFAS Military Pay Operations

** _Notes_** : 

  * If it is unclear whether a Veteran received separation benefits, follow the instructions in M21-1, Part VI, Subpart ii, 2.2.b.

  * Use the separation code, narrative reason, and remarks on a _Veteran’s DD Form 214_ to assist in determining if a Veteran is eligible for separation benefits.

**References:** For more information on using

  *  _Share, see the Share Online Help_
  * VBMS-A, see the _VBMS Awards User Guide_
  * VBMS Core, see the _VBMS Core User Guide_ , and
  * VIS, see the _[VIS User Guide](<https://vbaw.vba.va.gov/bl/21/publicat/docs/visug.pdf>)._

### VI.ii.2.1.c. How VA Updates Its Systems of Record With a Veteran’s Service Information

DOW transmits service information electronically to VA after a service department discharges a service member from active duty.  The systems referenced in M21-1, Part VI, Subpart ii, 2.1.b, are updated with relevant discharge information. **Exception:** If a Veteran received a type of separation benefit that VA is **_not_** responsible for recouping, the amount of this benefit is not captured.**Reference:** For more information on the electronic transfer of military service information from DOW to VA, see [M21-1, Part III, Subpart i, 1.B.3](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000181425/M21-1-Part-III-Subpart-i-Chapter-1-Section-B-Service-Requirements-and-Verification-of-Eligibility>).  

### VI.ii.2.1.d. Determining Whether VA Has Already Recouped Separation Benefits a Veteran Received

Before establishing a withholding to recoup a Veteran’s separation benefit, check the corporate record (by clicking on the MILITARY button in Share and selecting the MILITARY PAYMENTS tab, or by reviewing the MILITARY PAYMENT DATA tab under the VETERAN – FINANCIAL INFORMATION screen in VBMS) to ensure VA has not already completed recoupment. If the corporate record shows recoupment is complete, claims processors must ensure the amount of benefits VA recouped matches the amount of the separation benefit the Veteran received.  If the amounts do _not_ match, treat the separation benefit currently at issue as unrecouped. **Exception:** If VA completed its recoupment of a Veteran’s separation benefit in the Benefits Delivery Network (BDN) (prior to conversion to VETSNET), such recoupment will **_not_** be evident in Share or VBMS. If a Veteran had a master record in BDN, claims processors may view data from the record by clicking on the PRECONVSN MASTER RCD button in Share or by reviewing the HISTORICAL INFORMATION page in VBMS Core.  Claims processors may **_not_** rely on data displayed on the STATUS (M11) screen, however, to determine whether VA finished recouping a Veteran’s separation benefit.  Instead, claims processors must review entries in the _Offset – Recoupment_ section of BDN award prints in the claims folder to make this determination. **Notes:** 

  * If VA **_began_** recoupment of a Veteran’s separation benefit in BDN and **_continued_** recoupment after conversion to VETSNET, the balance of the separation benefit that was pending recoupment _at the time of conversion_ will appear in the ORIGINAL BALANCE field on the
    * SEPARATION PAY tab, or
    * DISABILITY PAY tab (if the separation benefit is disability severance pay).
  * The SEPARATION PAY tab and DISABILITY PAY tab are located on the AWARD ADJUSTMENTS screen in VBMS-A.

**Important:** If a determination cannot be made as to whether VA has recouped a separation benefit, ask the local finance activity to assist in making the determination by performing a financial audit. **References:** For more information on using

  * Share, see the _Share Online Help_
  * VBMS Core, see the _VBMS Core User Guide_ , and
  * VBMS-A, see the _VBMS Awards User Guide_.

### VI.ii.2.1.e. Readjustment Pay Under Former 10 U.S.C. 3814a

Readjustment pay under former 10 U.S.C. 3814a was paid to regular officers below the rank of major who were discharged during a reduction in force.  The authority for making these payments expired at the end of 1977. If a Veteran received readjustment pay under former 10 U.S.C. 3814a, the date of entitlement to VA compensation dictates whether recoupment is required. **References:** For more information on

  * determining whether VA must recoup readjustment pay, see M21-1, Part VI, Subpart ii, 2.2.d, and
  * the effect of _Public Law (PL) 87-509_ on readjustment pay under former 10 U.S.C. 3814a, see M21-1, Part VI, Subpart ii, 2.1.g.

### VI.ii.2.1.f. Readjustment Pay Under Former 10 U.S.C. 687

Readjustment pay under former 10 U.S.C. 687 was paid to reserve officers who were involuntarily released after completing at least five years of active service but did not qualify for retirement.  The authority for making these payments was repealed effective September 15, 1981. If a Veteran was involuntarily released from active duty as a reservist on or after July 9, 1956, and had completed continuous active duty of at least five but not more than 18 years, carefully review the records described in M21-1, Part VI, Subpart ii, 2.1.b to determine whether the Veteran elected

  * VA compensation or lump sum readjustment pay, or
  * deferred action on lump sum readjustment pay.

If the evidence of record does not contain the information required to make a determination, follow the instructions in M21-1, Part VI, Subpart ii, 2.2.b. **Reference:** For more information on the effect of _PL 87-509_ on readjustment pay under former 10 U.S.C. 687, see M21-1, Part VI, Subpart ii, 2.1.g.  

### VI.ii.2.1.g. Effect of PL 87-509 on Readjustment Pay

_PL 87-509_ , enacted June 28, 1962, liberalized the former law that required Veterans to make a one-time, irrevocable election between VA compensation and readjustment pay.  The prior election no longer precludes payment of compensation if a Veteran is otherwise eligible.  On or after June 28, 1962, if

  * a claims folder is encountered in which the Veteran’s claim for compensation was previously barred under the former law, compensation may now be awarded, subject to
    * recoupment of the readjustment pay, and
    * the effective dates for liberalizing legislation, as provided in [38 CFR 3.114(a)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1114&rgn=div8>), and
  * potential eligibility for compensation exists based on the former claim, but there is insufficient evidence to make a decision,
    * notify the Veteran of the evidence necessary to establish eligibility in accordance with [38 CFR 3.159(b)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1159&rgn=div8>), and
    * develop for the evidence in accordance with
      * [M21-1, Part III, Subpart i, 2.C](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014102/M21-1-Part-III-Subpart-i-Chapter-2-Section-C-Duty-to-Assist-With-Obtaining-Records>), and
      * [38 CFR 3.159(c)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1159&rgn=div8>).

### VI.ii.2.1.h. Non-Disability Severance Pay

DOW awarded non-disability severance pay to certain individuals, under former 10 U.S.C 359, 360, 859, and 860, who involuntarily separated from service, usually due to failure to meet standards of performance.  This benefit is subject to recoupment _unless_ the Veteran established entitlement to VA compensation _before_ September 15, 1981. **Note:** _PL 96-513_ repealed former 10 U.S.C. 359, 360, 859, and 860, effective September 15, 1981. **Reference:** For more information on the recoupment of non-disability severance pay, see

  * [VAOPGCPREC 12-1996](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000043659/VAOPGCPREC-12-96-Nov-21-1996-Recoupment-of-Armed-Forces-Severance-Pay-from-Veterans-Disability-Compensation>), and
  * M21-1, Part VI, Subpart ii, 2.2.d.

### VI.ii.2.1.i. Separation Pay Under 10 U.S.C. 1174

Separation pay under [10 U.S.C. 1174](<https://www.law.cornell.edu/uscode/text/10/1174>)

  * replaced readjustment pay, effective September 15, 1981
  * is paid to regular and reserve officers who
    * involuntarily separate from service after completing at least five years of active duty, but
    * do **_not_** qualify for retirement, and
  * is also paid to regular enlisted members under _PL 101-510, Section 501_ (enacted November 5, 1990), who
    * involuntarily separate from service after completing six years of active duty, and
    * do **_not_** qualify for retirement.

**Reference:** For more information on determining the amount of separation pay to recoup, see M21-1, Part VI, Subpart ii, 2.2.d.  

### VI.ii.2.1.j. RISP and RSSP

_PL 102-484, Section 4418_ , provided for the payment of RISP to certain reservists who are involuntarily released from the Selected Reserve. _PL 102-484, Section 4416_ , provided for the payment of RSSP to reservists with at least 20 years of service who are not yet old enough to retire.  Payments are made annually for up to five years or until the reservist turns sixty. In [VAOPGCPREC 9-1996](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000043653/VAOPGCPREC-09-96-Oct-11-1996-Concurrent-Payment-of-VA-Disability-Compensation-and-Reservists-Special-Separation-Pay-RSSP-and-Reservists-Involuntary-Separation-Pay-RISP-Under-Pub-L-No-102-484>), VA’s General Counsel held that VA is

  * required to withhold disability compensation in order to recoup the amount of _RISP_ a Veteran received, provided the compensation is for a disability incurred in or aggravated by service _prior_ to the date of receipt of RISP, and
  *  _not_ required to withhold disability compensation to recoup the amount of **_RSSP_** a Veteran received.

**Note:** For award-processing purposes, treat RISP as separation pay.  

### VI.ii.2.1.k. SSB and VSI

_PL 102-190, Sections 661 and 662_ , enacted December 5, 1991, added SSB under [10 U.S.C. 1174a](<https://www.law.cornell.edu/uscode/text/10/1174a>) and VSI under [10 U.S.C. 1175](<https://www.law.cornell.edu/uscode/text/10/1175>) as separation benefits to facilitate the downsizing of the armed forces.  Service departments used these two exit-bonus incentive programs through December 31, 2001, to encourage service members, who might otherwise face involuntary separation or denial of reenlistment, to separate voluntarily. To qualify for SSB or VSI, a service member must have

  * separated on or before September 30, 1995
  * served
    * on active duty for more than six years but fewer than 20 years as of December 5, 1991, and
    * at least five years of continuous active duty immediately prior to separation, and
  * agreed to serve in the Ready Reserve.

### VI.ii.2.1.l. Differences Between SSB and VSI

One of the primary differences between VSI and SSB is the manner in which DOW pays each benefit.  The most important difference, however, is that VA is **_not_** responsible for recouping VSI from a Veteran’s disability compensation. The table below describes how DOW pays SSB and VSI. | **If the Veteran elected …**| **Then DOW pays the Veteran …**  
SSB| a lump sum amount equal to 15 percent of annual basic pay, multiplied by years of active service.  
VSI| annual installments equal to 2.5 percent of basic pay, multiplied by years of service. Payments commence upon discharge and recur on each anniversary date of discharge thereafter. **Note:** In general, the total number of payments equals twice the number of years of active service, provided the Veteran continues to serve in a reserve unit for the duration of the payments.  

**Reference:** For more information on DOW’s responsibility for adjusting VSI, see M21-1, Part VI, Subpart ii, 2.1.m.  

### VI.ii.2.1.m. DOW’s Responsibility for Adjusting VSI

When a Veteran who elected to receive VSI subsequently establishes entitlement to VA compensation based on the same period of service, DOW reduces VSI to offset the amount of VA compensation.  DOW does not make deductions for VA compensation that are based on an earlier period of service than that for which VSI is payable. **Important:** VA takes **_no_** special actions, such as notifying DOW, when it awards compensation to a Veteran who receives VSI. **Note:** DFAS, located in Cleveland, Ohio,

  * administers all VSI payments, regardless of the branch of service, and
  * offsets VSI payments based upon data it receives from the Hines Information Technology Center.

### VI.ii.2.1.n. Indicators on DD Form 214 of a Veteran’s Receipt of SSB or VSI

Where applicable, a Veteran’s _DD Form 214_ usually contains information that indicates receipt of SSB or VSI and its respective amount. The table below shows where this information is located on the form and how it might appear. | **Block on  
 _DD Form 214_**| **Information the Block Contains**  
26 and 28| Separation codes (Block 26) and narrative reasons for separation (Block 28). **Examples:** | **Code**| **Narrative Reason**  
 _CB_|  _Early Release Program–SSB_  
 _FCB_|  _Voluntary Resignation for Early Release Program–SSB_  
 _KCB_|  _Voluntary Discharge for Early Release Program–SSB_  
 _MCB_|  _Voluntary Release/Transfer to Another Service Component for Early Release Program–SSB_  
 _CA_|  _Early Release Program–VSI_  
 _FCA_|  _Voluntary Resignation, Other, for Early Release Program–VSI_  
 _KCA_|  _Voluntary Discharge for Early Release Program–VSI_  
 _MCA_|  _Voluntary Release/Transfer to Another Service Component for Early Release Program–VSI_  
18 (_Remarks_)| Estimate of the amount of SSB or VSI the Veteran received or is receiving. **Examples:** 

  * _SSB - $27,500 paid lump sum_
  *  _VSI - $4,310 annually for 12 years_

**Important:** 

  * Service departments have not historically been consistent in their use of codes and narrative reasons on _DD Form 214_.

  * Because the amount of separation benefits shown on _DD Form_ 214 is not always accurate, it must be verified through the means described in M21-1, Part VI, Subpart ii, 2.2.b.

### VI.ii.2.1.o. VSP

[10 U.S.C. 1175a](<http://www.law.cornell.edu/uscode/text/10/1175a>) provides for the payment of VSP to service members voluntarily separated from active duty due to restructuring or a reduction in force. VA must recoup VSP from disability compensation **_unless_** the Veteran

  * was eligible to retire (20 or more years of active service), to include transfer to the Fleet Reserve or Fleet Marine Corps Reserve, at the time DOW awarded VSP
  * is eligible to receive combat-related special compensation, or
  * receives a waiver from the Secretary of the service department.

**Exception:** For exceptions to the requirement to recoup VSP from Air Force, Navy, and Marine Corps Veterans, see M21-1, Part VI, Subpart ii, 2.4. **Note:** Upon receipt of a waiver for a Veteran whose disability compensation VA is already withholding for the recoupment of VSP, discontinue the withholding and release all previously withheld compensation.  

### VI.ii.2.1.p. Indicators on DD Form 214 of a Veteran’s Receipt of VSP

Where applicable, a Veteran’s _DD Form 214_ usually contains information that indicates receipt of VSP and its amount. The table below shows where this information is located on the form and how it might appear. | **Block on** _**DD Form 214**_| **Information the Block Contains**  
26| One of the following separation codes:

  * _KCN_
  *  _MCN_ , or
  *  _FCN_.

28| Narrative reason for separation. **Example:** _Service member initiated discharge/release with VSP as authorized under Title 10 U.S.C. 1175a_.  
18 (_Remarks_)| Estimate of the amount of VSP the Veteran received.  

**Important:** 

  * Service departments have not historically been consistent in their use of codes and narrative reasons on _DD Form 214_.

  * Because the amount of separation benefits shown on _DD Form_ 214 is not always accurate, it must be verified through the means described in M21-1, Part VI, Subpart ii, 2.2.b.

### VI.ii.2.1.q. VRI

VRI is a payment DOW offers to encourage voluntary retirement by officers who have served for more than 20 years.  VRI is **_not_** subject to recoupment from VA benefits. **Reference:** For more information on VRI, see [10 U.S.C. 638b](<http://www.law.cornell.edu/uscode/text/10/638b>).  

## 2. Determining the Amount to Recoup and Withhold From Monthly Payments

This topic contains instructions for determining the amount of separation benefits to recoup and the amount to withhold from monthly compensation payments, including

  * general information about recouping separation benefits
  * verifying the amount of the separation benefit
  * conditions under which claims processors may not use AskDFAS to obtain confirmation of the amount of a Veteran’s separation benefit
  * determining whether and how much to recoup
  * exceptions to policies for recouping separation benefits
  * service departments’ practice of withholding Federal income tax
  * calculating the after-tax amount of separation benefits
  * handling separation benefits when compensation becomes greater than pension
  * recouping separation benefits after a Veteran becomes entitled to military retired pay (MRP)
  * adjusting the amount of compensation VA is withholding, and
  * recouping separation benefits (other than disability severance pay) from a Veteran with multiple periods of service.

September 2, 2026  

### VI.ii.2.2.a. General Information About Recouping Separation Benefits

After VA determines recoupment of separation benefits is necessary and the amount that is subject to recoupment, it must withhold some or all of the Veteran’s monthly compensation until recoupment is complete. Except as noted in M21-1, Part VI, Subpart ii, 2.2.k, and M21-1, Part VI, Subpart ii, 2.3.g, the amount VA withholds each month includes any of the following to which the Veteran is entitled:

  * additional compensation for dependents, and
  * special monthly compensation (SMC).

**Important:** VA may **_not_**

  * recoup separation benefits from a Veteran’s compensation if the disability on which the compensation is based was incurred or aggravated during a period of service that **_follows_** the period(s) of service for which the Veteran received separation benefits
  * withhold Medal of Honor pension to recoup separation benefits, or
  * withhold compensation (for the purpose of recouping separation benefits) to which a Veteran is **_not_** entitled because of receipt of military retired pay (MRP).  (When processing an award that requires the establishment of a withholding for MRP **_and_** recoupment of separation benefits, withhold payment for MRP until the retired pay cutoff date referenced in [M21-1, Part VI, Subpart ii, 4.B.2.c](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179488/M21-1-Part-VI-Subpart-ii-Chapter-4-Section-B-Preparing-and-Adjusting-Awards-in-Military-Retired-Pay-MRP-Cases>), then begin the withholding for separation benefits effective the retired pay cutoff date.)

_**Note**_ :  VA may not apportion any disability compensation it is withholding for the recoupment of separation benefits _**except**_ when the apportionment is due to incarceration of the Veteran.  In the case of incarceration following conviction for a felony, the withholding will be discontinued, and benefits will be payable to the apportionee, in accordance with [M21-1, Part VI, Subpart iv, 2.A.5](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000207953/M21-1-Part-VI-Subpart-iv-Chapter-2-Section-A-Apportionment-Process>).**References:** For more information on

  * the circumstances under which VA might withhold less than all of a Veteran’s monthly compensation, see
    * M21-1, Part VI, Subpart ii, 2.2.k
    * M21-1, Part VI, Subpart ii, 2.3 (disability severance pay)
    * M21-1, Part VI, Subpart ii, 2.4 (VSP awarded to Air Force, Navy, and Marine Corps Veterans), and
    * M21-1, Part VI, Subpart ii, 2.7 (extreme financial hardship)
  * compensation payable for disabilities incurred **_after_** receipt of separation benefits, see M21-1, Part VI, Subpart ii, 2.2.k
  * handling an apportionment claim when VA is withholding a Veteran’s monthly compensation to recoup separation benefits, see [M21-1, Part VI, Subpart iv, 2.A.5](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000207953/M21-1-Part-VI-Subpart-iv-Chapter-2-Section-A-Apportionment-Process>)
  * recoupment of separation benefits and/or payment of apportionments during incarceration, see [M21-1, Part VI, Subpart iv, 1.A.4.c](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000207862/M21-1-Part-VI-Subpart-iv-Chapter-1-Section-A-Effects-of-an-Individuals-Incarceration-on-Department-of-Veterans-Affairs-VA-Benefits>), and
  * the recoupment of separation benefits after a Veteran becomes entitled to MRP, see M21-1, Part VI, Subpart ii, 2.2.i.

### VI.ii.2.2.b. Verifying the Amount of the Separation Benefit

Follow the instructions in the table below to verify the amount of the separation benefit a Veteran received.   | **Step**| **Action**  
1| Access the DFAS/CG PAYMENTS tab in VIS.  
2| Do the fields below the _Non-Recurring Pay at Separation Information_ heading contain data?

  * If _yes_ , go to the next step.
  * If _no_ , go to Step 7.

**Note:** Sixty to ninety days may pass between the date a Veteran is awarded separation benefits and the date corresponding updates are made to VIS.  
3| Follow the instructions in the table below. | **If …**| **Then …**  
the letter _P_ appears in the PAY TYPE CD field under the _Non-Recurring Pay at Separation Information_ heading| go to Step 4. **Note:** In this situation, only the **_projected_** amount of the separation benefit is displayed in the fields under the _Non-Recurring Pay at Separation Information_ heading.  
the letter _P_ does **_not_** appear in the PAY TYPE CD field under the _Non-Recurring Pay at Separation Information_ heading| 

  * confirm the amount of the separation benefit using the data shown in the fields under the _Non-Recurring Pay at Separation Information_ heading, and
  * go to Step 5.

  * the letter _P_ appears in the PAY TYPE CD field of one row under the _Non-Recurring Pay at Separation Information_ heading, and
  * the letter _V_ appears in the PAY TYPE CD field of a subsequent row under the same heading

  * confirm the amount of the separation benefit using the data shown in the fields of the row under the _Non-Recurring Pay at Separation Information_ heading that has the letter _V_ in the PAY TYPE CD field, and
  * go to Step 5.

**Exception:** Disregard the instructions in this cell and go to Step 7 if there is reason to believe the amount of the separation benefit displayed in the referenced row is incorrect because, for example, the amount displayed is

  * a negative amount, or
  * much higher or much lower than the amount to which a similarly situated Veteran would be entitled.

**Note:** There exists a dollar limit to the amount of the separation benefit detailed in a single row under the _Non-Recurring Pay at Separation_ heading.  When this limit is exceeded, another row will appear under the same heading that displays the remaining amount of the separation benefit.  In this situation, add together the amounts in both rows to determine the total amount of the separation benefit.  
4| Postpone award processing for 30 days then repeat Steps 1 through 3. **Important:** As an alternative to postponing award action, claims processors may go to Step 7.  
5| Navigate to the REPORTS tab in VIS and download a copy of the _Veteran DFAS/CG Payments_ report.  
6| Upload a copy of the _Veteran DFAS/CG Payments_ report to the Veteran’s electronic claims folder (eFolder) and disregard the remaining steps in this table.  
7| Did the Veteran receive the separation benefit from the Coast Guard?

  * If _yes_ , go to Step 9.
  * If _no_ , go to the next step.

8| Do any of the conditions described in the left column of the table in M21-1, Part VI, Subpart ii, 2.2.c exist? 

  * If _yes_ , 
    * disregard the remaining steps in this table, and
    * follow the instructions in M21-1, Part VI, Subpart ii, 2.2.c.
  * If _no_ , go to Step 13.

9| 

  * Open a ticket by calling the Coast Guard Customer Care Branch (866-772-8724).
  * Provide the branch with the following information:
    * Veteran’s name, date of birth, rank at separation, and Social Security number, and
    * caller’s name and contact information.
  * Ask the branch to provide the following information:
    * type of separation benefit the Veteran received
    * date the Veteran received the separation benefit
    * gross amount of the separation benefit
    * amount of Federal income tax withheld, and
    * ticket number. 

**Important:** Do **_not_** postpone promulgation of a rating decision while waiting for the branch to provide the information requested. 

  * Promulgate the rating decision using the **_unverified_** amount of the separation benefit, if available.
  * If no amount is of record (in, for example, VBMS or on the Veteran’s application for benefits or _DD Form 214_)
    * use $99,999.00 as the amount of the separation benefit, and
    * establish end product (EP) 290 to control for a response from the branch.

**Notes:** 

  * Document and upload the information obtained, to include the ticket number, on [_VA Form 27-0820, Report of General Information_](<https://vbaw.vba.va.gov/bl/20/cio/20s5/forms/VBA-27-0820-ARE.pdf>). 
  * The information provided by the branch is generally available at the time of the call if the Veteran recently separated from service.  Otherwise, the branch typically responds to a request within 10 to 15 days using the contact information provided by the caller.

10| Did the branch respond within 30 days? 

  * If _yes_ , go to Step 12.
  * If _no_ , follow up with the branch by telephone.

11| Did the branch respond within 30 days of the follow-up telephone call referenced in Step 10? 

  * If _yes_ , go to the next step.
  * If _no_ , go to Step 19.

12| Did the branch provide the amount of the separation benefit?

  * If _yes_ ,
    * use the amount provided to withhold for the separation benefit, and
    * disregard the remaining steps in this table.
  * If _no_ ,
    * withhold the amount
      * identified on the Veteran’s _DD Form 214_ (if available), or
      * provided by the Veteran on the application for benefits (when the _DD Form 214_ does _not_ contain an amount), and
    * disregard the remaining steps in this table. 

**Notes:** 

  * There are no other sources available to obtain the payment amount.  When the amount is not of record, do not withhold the separation benefit.  
  * If withholding was applied using the amount $99,999.00 (as described in Step 9 of this table), remove the withholding for the separation benefit.  

13| Has a request for confirmation of the amount of the separation benefit through the [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>) website been submitted?

  * If _yes_ , go to the next step.
  * If _no_ , go to Step 17.  

14| Was confirmation of the amount of the separation benefit obtained through [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>)?

  * If _yes_ , disregard the remaining steps in this table.
  * If _no_ , go to the next step.

15| Has at least 60 days passed since the claims processor submitted the request referenced in Step 13? 

  * If _yes_ ,
    * request an update on the status of the request through the [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>) website, and
    * go to the next step.
  * If _no_ , return to Step 14 after the 60-day response period ends.

16| Was confirmation of the amount of the separation benefit obtained through [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>) within 30 days of the date of the request for a status update? 

  * If _yes_ , disregard the remaining steps in this table.
  * If _no_ , go to Step 19.

17| Submit a request for confirmation of the amount of the separation benefit through the [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>) website and follow the guidance in [M21-1, Part III, Subpart i, 1.A.5.b](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000181424/M21-1-Part-III-Subpart-i-Chapter-1-Section-A-Establishing-Veteran-Status>), to upload a copy of the AskDFAS request to the Veteran’s eFolder.  **Important:** Do **_not_** postpone promulgation of a rating decision while waiting for a response to the request referenced in the preceding paragraph. 

  * Promulgate the rating decision using the **_unverified_** amount of the separation benefit, if available.
  * If no amount is of record (in, for example, VBMS or on the Veteran’s application for benefits or _DD Form 214_),
    * use $99,999.00 as the amount of the separation benefit, and
    * establish EP 290 to control for a response to the request submitted through [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>).

18| Was confirmation obtained within 60 days?

  * If _yes_ , disregard the remaining step in this table.
  * If _no_ , 
    * request an update on the status of the request through the [AskDFAS](<https://corpweb1.dfas.mil/askDFAS/custCategories.action?tsm=1485548562128&pgModId=5243>) website, and
    * go to Step 16.

19| Request assistance in confirming the amount of the separation benefit from Compensation Service by sending an encrypted email to [VAVBAWAS/CO/MILPAY](<mailto:milpay.vbaco@va.gov?subject=Need%20Assistance%20in%20Verification%20of%20>).

  * Enter _Need Assistance in Verification of_ **[type of separation benefit]** in the subject line of the email.
  * Include in the body of the email
    * the Veteran’s name and file number, and
    * a description of the attempts to obtain confirmation of the amount of the Veteran’s separation benefit through AskDFAS or the Coast Guard Customer Care Branch.

**Note:** Upload a copy of all sent and received emails into the Veteran’s eFolder.  

**References:** For more information on

  * requesting access to VIS, see the [_Veterans Information Portal (VIP) VIS Access Procedure and User Guide_](<http://vbaw.vba.va.gov/bl/21/systems/docs/vis2.pdf>)
  * using VIS, see the _[VIS User Guide](<http://vbaw.vba.va.gov/bl/21/publicat/docs/visug.pdf>)_ , and
  * using AskDFAS, see the [_AskDFAS User Guide_](<https://vbaw.vba.va.gov/vbadod/retiredpay.asp>).

### VI.ii.2.2.c. Conditions Under Which Claims Processors May Not Use AskDFAS to Obtain Confirmation of the Amount of a Veteran’s Separation Benefit

Because certain records that DFAS requires to confirm the amount of a Veteran’s separation benefit are no longer accessible, there are conditions under which the submission of a request for said confirmation through AskDFAS will always result in a negative reply.  The table below describes those conditions and the actions claims processors must take instead of attempting to obtain confirmation through AskDFAS. | **If the Veteran received separation benefits based on discharge from ...**| **Then ...**  
the Air Force Reserve in October 1999| use (for award-processing purposes) the amount of separation benefits recorded on the Veteran’s

  *  _DD Form 214_ , or
  * application for VA benefits.

**Notes:** 

  * If differing amounts were recorded on the referenced documents, use the amount recorded on the _DD Form 214_.
  * If no amount was recorded on either of the referenced documents, do not withhold the separation benefit.  There are no other sources available to obtain the payment amount.

active duty in the Air Force prior to 1972  
active duty in the Army prior to 1972  
  * the Navy prior to 1977
  * the Marine Corps Reserve prior to 1983, or
  * active duty in the Marine Corps prior to 1969

| request confirmation of the amount of the Veteran’s separation benefit by submitting [_Standard Form 180, Request Pertaining to Military Records_](<https://www.gsa.gov/forms-library/request-pertaining-military-records>), to the National Personnel Records Center (NPRC). **Notes:** 

  * The form contains instructions for its completion and submission.
  * Send follow-up requests to NPRC every 90 days until confirmation is obtained or NPRC provides a negative response.

**Reference:** For more information on submitting _Standard Form 180_ to NPRC, see the [National Archives website](<https://www.archives.gov/veterans/military-service-records/standard-form-180.html>).  

### VI.ii.2.2.d. Determining Whether and How Much to Recoup

The following factors determine whether and how much of a Veteran’s separation benefits VA must recoup from disability compensation:

  * type of separation benefit
  * date of entitlement to VA compensation, and
  * date of receipt of the separation benefit.

The table below shows how these factors affect recoupment of the various types of separation benefits. | **Type of Separation Benefit**| **Date of Entitlement to VA Compensation**| **Date of Receipt of the Separation Benefit**| **Amount of Pay VA Recoups**  
  * readjustment pay under former 10 U.S.C. 3814a, or
  * non-disability severance pay

| prior to September 15, 1981| n/a| none  
on or after September 15, 1981| on or before September 30, 1996| pre-tax amount  
after September 30, 1996| after-tax amount  
readjustment pay under former 10 U.S.C. 687| prior to September 15, 1981| n/a| 75 percent of pre-tax amount  
on or after September 15, 1981| on or before September 30, 1996| pre-tax amount  
after September 30, 1996| after-tax amount  
SSB| n/a|  _PL 105-178_ provides for recoupment of the _after-tax_ amount of SSB a Veteran receives, regardless of the date of receipt.| after-tax amount  
  * separation pay under [10 U.S.C. 1174](<https://www.law.cornell.edu/uscode/text/10/1174>)
  * VSP
  * RISP

| n/a| on or before September 30, 1996| pre-tax amount  
after September 30, 1996| after-tax amount  
disability severance pay for a disability VA initially rated at least 10-percent disabling| n/a| on or before September 30, 1996| pre-tax amount  
after September 30, 1996| after-tax amount  

**Exceptions:** For exceptions to the policies described in the table above, see M21-1, Part VI, Subpart ii, 2.2.e.

**References:** For more information on the recoupment of

  * separation benefits, in general, see [38 CFR 3.700(a)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1700&rgn=div8>), and

  * disability severance pay, see M21-1, Part VI, Subpart ii, 2.3.

### VI.ii.2.2.e. Exceptions to Policies for Recouping Separation Benefits

The table below contains exceptions to the policies described in M21-1, Part VI, Subpart ii, 2.2.d regarding the recoupment of separation benefits. | **If ...**| **Then ...**  
a Veteran received **_VSP_** from the **_Air Force_** ,**_Navy_** , or** _Marine Corps_**|  follow the instructions in M21-1, Part VI, Subpart ii, 2.4.  
  * a Veteran received **_disability severance pay_** on or after January 28, 2008, for a disability incurred in a combat zone or during combat-related operations, and
  * VA rated the disability at least 10-percent disabling

| follow the instructions in M21-1, Part VI, Subpart ii, 2.3.e.  
  * a Veteran received **_disability severance pay_** after September 30, 1996, for a disability that was **_not_** incurred in a combat zone or during combat-related operations
  * VA rated the disability at least 10-percent disabling, and
  * VA discovers the Veteran’s service department
    * did **_not_** withhold Federal income tax from the disability severance pay, or
    * withheld the tax but later refunded it

| recoup the **_gross/pre-tax_** amount of disability severance pay the service department paid the Veteran.  

### VI.ii.2.2.f. Service Departments’ Practice of Withholding Federal Income Tax

Service departments _always_ withhold Federal income tax from RISP, VSP, SSB, and separation pay under [10 U.S.C. 1174](<https://www.law.cornell.edu/uscode/text/10/1174>).  Often, however, DOW’s database does _not_ contain the amount of Federal income tax service departments withheld from these types of separation benefits.  In these cases, VIS will show _$0.00_ as the Federal income tax withholding. Follow the instructions in M21-1, Part VI, Subpart ii, 2.2.g, in the situation described in the preceding paragraph or anytime VA has verified the _gross_ amount of a Veteran’s separation benefit but has not yet verified the amount of Federal income tax the service department withheld. **Important:** If the separation benefit a Veteran received is **_disability severance pay_** , and VIS shows _$0.00_ as the Federal income tax withholding, the Veteran’s service department

  * did **_not_** withhold Federal income tax, or
  * withheld the tax but subsequently refunded it.

### VI.ii.2.2.g. Calculating the After-Tax Amount of Separation Benefits

To calculate the after-tax amount of a Veteran’s separation benefit,

  * use the table below to determine which flat-tax rate was in effect on the date the Veteran received the benefit
  * multiply the gross amount of the separation benefit by the appropriate flat-tax rate, and
  * subtract the product from the gross amount of the separation benefit.

| **Effective Date**| **Flat-Tax Rate**  
December 31, 1993, and earlier| 20 percent  
January 1, 1994| 28 percent  
August 7, 2001| 27.5 percent  
January 1, 2002| 27 percent  
May 28, 2003| 25 percent  
January 1, 2018| 22 percent  

**Notes:** 

  * There is no need to make the calculations described in this block when

    * VIS is used to verify the amount of a Veteran’s separation benefit, and

    * VIS displays the amount of Federal income tax the Veteran’s service department withheld.

  * A request for the adjustment of a recoupment balance, based on an assertion that the Federal income tax a Veteran paid on a separation benefit was incorrectly reported to or calculated by VA, must be supported by credible evidence showing the amount of Federal income tax the Veteran actually paid.

**Reference:** For up-to-date information about the flat-tax rate for supplemental wages, see the [_Internal Revenue Manual_ , Part 4, 23.8.4](<http://www.irs.gov/irm/part4/irm_04-023-008.html#d0e399>).  

### VI.ii.2.2.h. Handling Separation Benefits When Compensation Becomes Greater Than Pension

Follow the instructions in the table below when all four of the following conditions exist:

  * a Veteran received separation benefits that have not yet been entirely recouped
  * the Veteran is receiving pension
  * entitlement to compensation is established and compensation would be the _greater_ benefit, and
  * the amount of compensation payable to the Veteran is actually _less_ than the amount of pension payable because VA must withhold all or part of the Veteran’s compensation in order to recoup the separation benefits. 

| **Step**| **Action**  
1| Attempt to contact the Veteran by telephone and explain that compensation is **_not_** the greater benefit because VA must withhold all or part of it in order to recoup the separation benefits the Veteran received.  
2| Was the attempt to contact the Veteran by telephone successful?

  * If _yes_ , go to Step 3.
  * If _no_ ,
    * document the actions taken to contact the Veteran with a system note
    * continue the Veteran’s pension award
    * draft a letter to the Veteran that
      * explains why VA chose to continue the pension award
      * advises the Veteran to contact VA in order to elect compensation instead of pension, if desired, and
      * informs the Veteran that VA will convert the award to compensation and begin recouping the separation benefit if eligibility to pension ceases to exist in the future, and
    * disregard the remaining step in this table.

3| Did the Veteran confirm election of compensation?

  * If _yes_ ,
    * document telephone contact with the Veteran on [_VA Form 27-0820, Report of General Information_](<http://vbaw.vba.va.gov/bl/20/cio/20s5/forms/VBA-27-0820-ARE.pdf>)
    * upload [_VA Form 27-0820_](<http://vbaw.vba.va.gov/bl/20/cio/20s5/forms/VBA-27-0820-ARE.pdf>) to the Veteran’s eFolder
    * award compensation minus any necessary withholdings, and
    * notify the Veteran of the action taken in a decision notice.
  * If _no_ ,
    * document telephone contact with the Veteran on [_VA Form 27-0820_](<http://vbaw.vba.va.gov/bl/20/cio/20s5/forms/VBA-27-0820-ARE.pdf>)
    * upload [_VA Form 27-0820_](<http://vbaw.vba.va.gov/bl/20/cio/20s5/forms/VBA-27-0820-ARE.pdf>) to the Veteran’s eFolder
    * continue paying the Veteran pension
    * inform the Veteran that VA will convert the award to compensation and begin recouping the separation benefit if eligibility to pension ceases to exist in the future, and
    * notify the Veteran in a decision notice that VA made no changes to benefits.

**Note:** VA must withhold the entire benefit if the Veteran elects compensation. Therefore, VA should give the Veteran the opportunity to be fully informed of all the facts before beginning a withholding.  

### VI.ii.2.2.i. Recouping Separation Benefits After a Veteran Becomes Entitled to MRP

If a Veteran becomes entitled to MRP after receiving separation benefits, the retired pay center (RPC) must recoup the gross amount of separation benefits it paid to the Veteran from MRP.  If these same separation benefits are subject to recoupment by VA because of the Veteran’s entitlement to disability compensation, VA and the RPC become mutually responsible for their recoupment. **Exceptions:** 

  * The RPC is **_not_** responsible for recouping a retired Veteran’s separation benefits if the Veteran waives MRP in order to receive disability compensation.
  * The RPC does **_not_** recoup disability severance pay if a Veteran who received this benefit returns to active duty and later becomes entitled to MRP.

The table below describes how VA and the RPC work together when both departments are responsible for recouping a Veteran’s separation benefits. | **If ...**| **Then ...**  
an RPC establishes an MRP account for a Veteran who received separation benefits| the RPC is responsible for notifying the station of origination (SOO) of the

  * Veteran’s entitlement to MRP, and
  * amount of separation benefits the RPC
    * has already recouped, if any, and
    * will continue to recoup each month from the Veteran’s MRP.

The SOO must then

  * provide the RPC with the amount of separation benefits VA
    * has already recouped, if any, and
    * will continue to recoup each month if continued recoupment is necessary
  * estimate the date on which recoupment of the separation benefit by VA and DOW should be complete, and
  * establish a system diary that will expire on that date.

a regional office (RO) discovers that a Veteran who received separation benefits that are subject to recoupment by VA is now receiving MRP| the RO is responsible for

  * notifying the RPC of the amount of separation benefits VA
    * has already recouped, if any, and
    * will continue to recoup each month if continued recoupment is necessary
  * asking the RPC to provide the amount of
    * separation benefits it has already recouped, if any, and
    * MRP it is withholding each month to recoup the separation benefit
  * estimating the date on which recoupment of the separation benefit by VA and DOW should be complete, and
  * establishing a system diary that will expire on that date.

**Note:** Upon expiration of the system diary referenced in the above table, the SOO must

  * collaborate with the RPC to determine the exact date on which recoupment of the Veteran’s separation benefit was complete, and

  * adjust the Veteran’s award accordingly.

**References:** For more information on

  * contacting an RPC, see [M21-1, Part VI, Subpart ii, 4.C.2.f](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179489/M21-1-Part-VI-Subpart-ii-Chapter-4-Section-C-Coordinating-Military-Retired-Pay-MRP-Cases-With-Retired-Pay-Centers-RPCs-and-Service-Departments>)

  * establishing system diaries, see the _VBMS Awards User Guide_ , and

  * the recoupment of separation benefits when a Veteran has multiple periods of service, see**M21-1, Part VI, Subpart ii, 2.2.k.

### VI.ii.2.2.j. Adjusting the Amount of Compensation VA Is Withholding

The rules for withholding VA compensation to recoup separation benefits have changed over time.  If the recoupment of separation benefits was correctly initiated under former rules, do **_not_** adjust a Veteran’s award for the sole purpose of bringing it into compliance with current rules, **_unless_** the Veteran (or representative) specifically requests it. Should the need arise to adjust the amount of compensation VA is withholding for the reason described above, make the adjustment prospectively, effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS.  

### VI.ii.2.2.k. Recouping Separation Benefits (Other Than Disability Severance Pay) From a Veteran With Multiple Periods of Service

** _Important_** :  The information in this block applies to the recoupment of all types of separation benefits **_except_** disability severance pay. Separation benefits are not paid for a particular period of service.  Rather, the payment is for all periods of service that preceded the separation for which a separation benefit was paid. 

  * Disability compensation payable for disabilities incurred during any period of service that _preceded_ the separation for which a separation benefit was paid is subject to withholding for the purpose of recouping that separation benefit. 
  * Disability compensation payable for disabilities incurred during a period of service that _follows_ the separation for which a separation benefit was paid is **_not_** subject to withholding for the purpose of recouping that separation benefit.

**Example:** **Scenario:** 

  * A Veteran has three periods of service:
    * 1980 to 1985
    * 1990 to 1995, and
    * 2000 to 2005.
  * The Veteran received a separation benefit at the end of the **_second_** period of service.
  * In 2010, the Veteran files a claim for disability compensation for a knee disorder, a back disorder, and a skin disorder.
  * The rating activity determines
    * the knee disorder was incurred during the first period of service
    * the back disorder was incurred during the second period of service, and
    * the skin disorder was incurred during the last period of service.

**Action:** Withhold disability compensation payable for the knee and back disorders (subject to the limitations discussed in M21-1, Part VI, Subpart ii, 2.1.j). **Notes:** 

  * In scenarios similar to the one described in this block, the rating activity is responsible for identifying (on the rating decision _Codesheet_) the period of service during which each disability had its onset.
  * If an adjustment to a withholding becomes necessary because VA establishes service connection (SC) for a disability incurred _**after**_ a Veteran received separation benefits, adjust the withholding prospectively, effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS.

**Reference:** For more information on the rating activity’s responsibility to identify the period of service during which a service-connected (SC) disability was incurred, see [M21-1, Part V, Subpart iv, 1.C.5.c and d](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180525/M21-1-Part-V-Subpart-iv-Chapter-1-Section-C-Coded-Conclusion>).  

## 3. Instructions Unique to the Recoupment of Disability Severance Pay

This topic contains instructions that are unique to the recoupment of disability severance pay, including

  * identifying severance-pay disability(ies) using the Physical Evaluation Board (PEB) report
  * general policies regarding withholdings to recoup disability severance pay
  * definition of initial, compensable disability rating
  * handling reduced disability ratings and disability severance pay
  * disability severance pay for disabilities incurred in a combat zone or during combat-related operations
  * determining whether a disability was incurred in a combat zone or during combat-related operations
  * withholding compensation when the Veteran did not receive severance pay for all SC disabilities
  * example of the assignment of a 100-percent disability rating to a non-severance-pay disability
  * withholding an amount that is most advantageous to the Veteran, and
  * changes in the disability ratings of multiple severance-pay disabilities.

September 2, 2026  

### VI.ii.2.3.a. Identifying
Severance-Pay Disability(ies) Using the PEB Report

Before recouping disability severance pay, it is necessary to identify the disability(ies) for which the Veteran received this benefit.  The best source for this information is the Veteran’s Physical Evaluation Board (PEB) report, which is normally included in service treatment records (STRs). If the PEB report is not included in the Veteran’s STRs, it might be located in service personnel records.  Use the table below to determine how to submit a request for the PEB report.  | **If the Veteran separated from the ...**| **Then submit a request through ...**  
  * Coast Guard prior to October 1, 2006
  * Army prior to October 1, 1994
  * Navy prior to January 1, 1995
  * Air Force prior to October 1, 2004, or
  * Marine Corp prior to January 1, 1999

| STR Assist.  
  * Space Force
  * Coast Guard on or after October 1, 2006
  * Army on or after October 1, 1994
  * Navy on or after January 1, 1995
  * Air Force on or after October 1, 2004, or
  * Marine Corp on or after January 1, 1999

| the Defense Personnel Records Image Retrieval System (DPRIS), using request code _AG5_.  

**References:** For more information on using

  * STR Assist, see the _VBMS User Guide_ , and

  * DPRIS, see the _DPRIS User Guide_. (Registration is required.)

### VI.ii.2.3.b. General Policies Regarding Withholdings to Recoup Disability Severance Pay

Generally, if a Veteran received disability severance pay, VA must withhold from monthly compensation an amount equal to the monthly compensation payable for the disability(ies) for which the Veteran received disability severance pay.  VA continues to withhold this amount until it has recouped the amount specified in M21-1, Part VI, Subpart ii, 2.2.d. **Important:** 

  * The monthly withholding may never exceed the monthly amount of compensation payable based on the **_initial_** , **_compensable_** rating, as defined in M21-1, Part VI, Subpart ii, 2.3.c, that VA assigns the severance-pay disability(ies).
  * If a Veteran has multiple, severance-pay disabilities, each rated 0-percent disabling, and VA assigns a 10-percent disability rating under [38 CFR 3.324](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1324&rgn=div8>), **_no_** withholding is necessary for these disabilities until VA assigns a compensable rating to one or more of the disabilities, individually.
  * Withhold the additional benefits payable because of application of the bilateral factor if
    * the initial, compensable rating included application of the bilateral factor, and
    * entitlement to the bilateral factor was based _exclusively_ on severance-pay disabilities.

**Exception:** If VA **_initially_** assigns a severance-pay disability a temporary 100-percent rating under [38 CFR 4.28](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_128&rgn=div8>), [4.29](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_129&rgn=div8>), or [4.30](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_130&rgn=div8>),

  * VA must withhold all of the Veteran’s monthly compensation until entitlement to the temporary 100-percent rating ends, and
  * monthly withholdings thereafter may never exceed the monthly amount of compensation payable based on the disability rating VA assigns the severance-pay disability(ies) _immediately after_ entitlement to the temporary 100-percent rating ends.

**Examples:** The table below contains examples of how to apply the policies set forth in this block. | **If VA initially rated the severance-pay disability …**| **And VA subsequently …**| **Then VA continues to withhold from the Veteran’s monthly compensation …**  
20-percent disabling| rates the same disability 30-percent disabling| the amount payable for a disability rated 20-percent disabling.  
50-percent disabling| assigns a temporary 100-percent rating to the same disability under [38 CFR 4.28](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_128&rgn=div8>), [4.29](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_129&rgn=div8>), or [4.30](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_130&rgn=div8>)| the amount payable for a disability rated 50-percent disabling.  
0-percent disabling| assigns a temporary 100-percent rating to the same disability under [38 CFR 4.28](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_128&rgn=div8>), [4.29](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_129&rgn=div8>), or [4.30](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_130&rgn=div8>)| nothing, until it assigns the disability a compensable rating.  

**Notes:** 

  * The _Exception_ and _Examples_ in this block assume the Veteran received disability severance pay for **_all_** SC disabilities. If the Veteran has other SC disabilities that were **_not_** subject to disability severance pay, see M21-1, Part VI, Subpart ii, 2.3.g-i.

  * Upon the assignment of a compensable evaluation (**_other than_ **a temporary 100-percent rating under [38 CFR 4.28](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_128&rgn=div8>), [4.29](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_129&rgn=div8>), or [4.30](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_130&rgn=div8>)) to a severance-pay disability that was initially rated 0-percent disabling, send a notice of proposed adverse action to the Veteran before reducing benefits.

**Reference:** For more information on sending notice of a proposed adverse action, see [M21-1, Part X, Subpart ii, 3.A](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177965/M21-1-Part-X-Subpart-ii-Chapter-3-Section-A-Notice-of-Proposed-Adverse-Action>).  

### VI.ii.2.3.c. Definition: Initial, Compensable Disability Rating

For the purpose of this section, **_initial, compensable disability rating_** means the first disability rating VA assigns to a disability that is 10 percent or higher, **_except_** 100-percent ratings under [38 CFR 4.28](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_128&rgn=div8>), [4.29](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_129&rgn=div8>), or [4.30](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_130&rgn=div8>). If VA assigns a compensable disability rating for the first time, and subsequently increases the rating effective the same date it assigned the first one, the very first rating VA assigned is still considered the “initial, compensable disability rating” for the purpose of this section. **Example:** VA assigned a Veteran’s SC back disorder a 10-percent disability rating, effective April 21, 2021.  The Veteran filed a higher-level review of the decision, and VA later increased the rating to 20 percent, effective the same date it had assigned the 10-percent rating. **Result:** The initial, compensable disability rating in this example is 10 percent. **Exception:** If VA increases an initial, compensable disability rating from the same effective date based on _clear and unmistakable error_ (CUE), the new rating replaces the first one and becomes the initial, compensable disability rating.  When adjusting the withholding in these cases, make the adjustment prospectively, effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS. **References:** For more information on

  * handling withholdings when the initial disability rating is 100 percent under [38 CFR 4.28](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_128&rgn=div8>), [4.29](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_129&rgn=div8>), or [4.30](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_130&rgn=div8>), see M21-1, Part VI, Subpart ii, 2.3.b, and
  * CUEs, see [M21-1, Part X, Subpart ii, 5.A](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177971/M21-1-Part-X-Subpart-ii-Chapter-5-Section-A-Revision-Due-to-Clear-and-Unmistakable-Error-CUE>).

### VI.ii.2.3.d. Handling Reduced Disability Ratings and Disability Severance Pay

If VA _reduces_ the disability rating it initially assigned to a severance-pay disability, it must make a corresponding adjustment in the amount of compensation it withholds each month (to recoup disability severance pay) to reflect the new rating. **Important:** The new rating does **_not_** become the initial disability rating (as defined in M21-1, Part VI, Subpart ii, 2.3.c), unless VA determines the initial rating was clearly and unmistakably erroneous. **Example:** 

  * VA assigns an initial disability rating of 30 percent to a severance-pay disability, effective April 21, 2020.
  * Two years later, improvement in the disability is demonstrated during a routine review examination.
  * VA reduces the disability rating for the severance-pay disability to 10 percent in December 2022 and concurrently reduces the amount of compensation it is withholding to correspond with the new rating.
  * In August 2024, VA increases the disability rating for the severance-pay disability to 50 percent.  It concurrently increases the withholding to an amount that corresponds with the initial disability rating of 30 percent.

**Note:** If, in addition to the severance-pay disability, a Veteran has at least one SC disability that was **_not_** subject to receipt of severance pay (hereafter referred to as a “non-severance-pay disability”), follow the instructions in M21-1, Part VI, Subpart ii, 2.3.g-i to ensure the method chosen to calculate the withholding is most advantageous to the Veteran. **Reference:** For information pertaining to the recoupment of severance pay from an incarcerated Veteran’s award, follow the instructions in [M21-1, Part VI, Subpart iv, 1.A.4.c](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000207862/M21-1-Part-VI-Subpart-iv-Chapter-1-Section-A-Effects-of-an-Individuals-Incarceration-on-Department-of-Veterans-Affairs-VA-Benefits>).  

### VI.ii.2.3.e. Disability Severance Pay for Disabilities Incurred in a Combat Zone or During Combat-Related Operations

_PL 110-181_ , as implemented in [38 CFR 3.700(a)(3)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1700&rgn=div8>), prohibits the recoupment of disability severance pay from VA compensation if the Veteran

  * separated from service on or after January 28, 2008, and
  * incurred the disability severance pay disability in the line of duty in a combat zone or during the performance of duty in combat-related operations.

**Exception:** The provisions of this block may apply to a Veteran who separated from service **_prior_** to January 28, 2008, **_if_**

  * the Veteran incurred a disability in the line of duty in a combat zone or during the performance of duty in combat-related operations, and
  * DOW subsequently
    * placed the Veteran on the Temporary Disability Retirement List (TDRL)
    * later removed the Veteran from TDRL _on or after_ January 28, 2008, and
    * awarded the Veteran disability severance pay for the same disability.

**Important:** 

  * Prior to August 5, 2014, the “combat-related operations” requirement was met only if the disability in question was the result of armed conflict.  On or after this date, the requirement is met if the disability is combat-related.
  * DOW – **_not_** _VA_ – decides whether a disability was incurred in the line of duty in a combat zone or during combat-related operations.

**Reference:** For more information on determining whether DOW paid disability severance pay that is not subject to recoupment under [38 CFR 3.700(a)(3)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1700&rgn=div8>), see M21-1, Part VI, Subpart ii, 2.3.f.  

### VI.ii.2.3.f. Determining Whether a Disability Was Incurred in a Combat Zone or During Combat-Related Operations

Each of the following represents an indicator that a Veteran incurred a disability in the line of duty in a combat zone or during combat-related operations.  Disability severance pay the Veteran received for such a disability is **_not_** subject to recoupment.

  * The text in Block 28 of _DD Form 214_ indicates the disability
    * was incurred in a combat zone, or
    * (if the Veteran separated from service on or after August 5, 2014) is combat-related.
  * The Veteran separated from service on or after August 5, 2014, and the PEB report or separation orders indicate the disability is the result of a combat-related injury.
  * The Veteran’s PEB report or separation orders contain the following statement:  _Disability was incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of War (NDAA 2008, Sec 1646)_.
    * If the statement is followed by the word _Yes_ , the statement is true, and the severance pay the Veteran received for the disability is **_not_** subject to recoupment.
    * If the statement is followed by the word _No_ , the statement is **_not_** true, and the severance pay the Veteran received **_is_** subject to recoupment.
    * If the statement is followed by neither _Yes_ nor _No_ , the statement is true, and the severance pay the Veteran received for the disability is **_not_** subject to recoupment.
  * A letter from DFAS or the Coast Guard indicates the Veteran has been removed from TDRL and paid disability severance pay on or after August 5, 2014, for a combat-related disability.  (If the Veteran was removed from TDRL and paid disability severance pay **_prior_** to August 5, 2014, the letter must state the disability was incurred in a combat zone or include the following statement:  _Disability was incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of War (NDAA 2008, Sec 1646)._
  * One or more of the following are present in the description of the disability on a PEB report or separation orders:
    * _Combat Zone_
    *  _CZ_
    *  _Czone_
    *  _Armed Conflict_
    *  _AC_
    *  _(CR-AC)_
    * _CR-CZ_ , or
    *  _CR_ (if the Veteran separated from service on or after August 5, 2014).

**Important:** The content of the CMBT RELATED CD field on the DFAS/CG PAYMENTS screen in VIS is **_not_** a reliable indicator of whether or not a Veteran incurred a disability in the line of duty in a combat zone or during combat-related operations.  

### VI.ii.2.3.g. Withholding Compensation When the Veteran Did Not Receive Severance Pay for All SC Disabilities

If VA has awarded SC for both severance- and non-severance-pay disabilities, VA may **_not_** withhold an amount greater than that to which the Veteran is entitled based on the non-severance-pay disability(ies).  This includes the additional amount of compensation payable for

  * dependents (if the non-severance-pay disabilities _alone_ have a combined rating of at least 30 percent), and/or
  * SMC (if the SMC is based on non-severance-pay disabilities _alone_). 

### VI.ii.2.3.h. Example: VA Assigns a 100-Percent Disability Rating to a Non-Severance-Pay Disability

** _Scenario_** :  In a decision on a Veteran’s original claim for benefits, VA awards SC for

  * a severance-pay disability rated 50-percent disabling, and
  * a non-severance-pay disability rated 100-percent disabling.

**Result:** VA may **_not_** withhold any compensation to recoup the Veteran’s disability severance pay while the non-severance-pay disability is rated 100-percent disabling. **Note:** The result in this example is the same, regardless of whether or not VA assigned the 100-percent rating on a temporary basis under [38 CFR 4.28](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_128&rgn=div8>), [4.29](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_129&rgn=div8>), or [4.30](<http://www.ecfr.gov/cgi-bin/text-idx?SID=79753b8afb59289b3399dcc2d1027bab&mc=true&node=se38.1.4_130&rgn=div8>).  

### VI.ii.2.3.i. Withholding an Amount That Is Most Advantageous to the Veteran

When calculating the monthly amount of VA compensation to withhold from a Veteran with both severance and non-severance-pay disabilities, always use the withholding that pays the Veteran the higher rate of compensation. **Example:** VA assigns a combined disability rating of 70 percent to a married Veteran based on a

  * severance-pay disability rated 50-percent disabling, and
  * non-severance-pay disability rated 40-percent disabling.

Two methods exist for calculating how much of the Veteran’s compensation VA should withhold each month: **Method 1:** Withhold the amount of compensation payable for the severance-pay disability, to include the additional amount for a spouse. **Method 2:** Pay the Veteran the amount payable for the non-severance-pay disability, to include the additional amount for a spouse, and withhold everything else. **Result:** The table below shows the calculations for each of the two methods, using rates from the December 1, 2024, compensation rate table for a Veteran with a spouse only.  Because Method 2 provides the Veteran with a higher rate of compensation in this example, use that method to determine how much of the Veteran’s compensation to withhold. | | **Method 1**  
$1,908.19| Start with the rate payable for a combined disability rating of 70 percent.  
  _\- 1,208.04_|  Withhold the amount payable for the severance-pay disability.  
     700.15| Pay the remaining amount to the Veteran.  
 | **Method 2**  
$1,908.19| Start with the rate payable for a combined disability rating of 70 percent  
  _\- 859.16_|  Pay the Veteran the amount payable for the non-severance-pay disability.  
     1,049.03| Withhold the difference between the two rates.  

**Note:** If, in the example above, VA subsequently awarded the Veteran a total evaluation based on individual unemployability, the amount of the withholding under Method 2 would remain the same. This is because VA calculates the withholding based on the actual disability rating assigned to the severance-pay disability, not the rate payable because VA found the Veteran individually unemployable.  

### VI.ii.2.3.j. Changes in the Disability Ratings of Multiple Severance-Pay Disabilities

If the disability ratings assigned to two or more severance-pay disabilities change, compare the combined disability rating VA **_initially_** assigned to the severance-pay disabilities with the current combined disability rating.  If the initial, combined disability rating is less than or equal to the current combined disability rating for the same disabilities, withhold compensation at the rate payable for the initial combined disability rating rather than considering the changes in the ratings assigned to each individual disability. The table below contains two examples of situations in which VA would withhold compensation at the rate payable for the initial, combined disability rating of 40 percent. | **Initial Disability Rating**| **Current Disability Rating – Example #1**| **Current Disability Rating – Example #2**  
Disability A – 20%| Disability A – 10%| Disability A – 10%  
Disability B – 10%| Disability B – 30%| Disability B – 30%  
Disability C – 10%| Disability C – 0%| Disability C – 20%  
Combined – 40%| Combined – 40%| Combined – 50%  

**Note:** If, during a routine review of a claims folder, it is discovered that VA failed to comply with the instructions in this block and withheld compensation at a rate other than it should have been, prospectively adjust the withholding to the correct rate effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS.  If the adjustment will reduce the amount of net compensation payable to the Veteran, follow the due process procedures found in [M21-1, Part X, Subpart ii, 3.A](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177965/M21-1-Part-X-Subpart-ii-Chapter-3-Section-A-Notice-of-Proposed-Adverse-Action>).  

## 4. Recouping VSP Awarded to Air Force, Navy, and Marine Corps Veterans

** **

This topic contains information about recouping VSP awarded to Air Force, Navy, and Marine Corps Veterans, including

  * history behind the current 
    * Air Force recoupment schedule for VSP, and
    * Navy and Marine Corps recoupment schedule for VSP
  * instructions for preparing an award that recoups VSP, and
  * recoupment of VSP from an incarcerated Air Force, Navy, or Marine Corps Veteran’s compensation.

April 11, 2024  

### VI.ii.2.4.a. History Behind the Current Air Force Recoupment Schedule for VSP

On October 17, 2007, the Secretary of the Air Force issued a blanket waiver of the requirement to recoup VSP from VA compensation for service members released from active duty on or after that date. Six months later, on April 30, 2008, the Department of the Air Force replaced the blanket waiver with a recoupment schedule for service members released from active duty on or after the latter date. Follow the instructions in the table below upon receipt of a claim for VA compensation from an Air Force Veteran who received VSP. | **If the Veteran was separated from the Air Force …**| **Then …**  
before October 17, 2007| recoup VSP from VA compensation **_unless_** the Veteran received an _individual_ waiver.  
between

  * October 17, 2007, and
  * April 29, 2008

| do **_not_** recoup VSP from VA compensation.  
on or after April 30, 2008| recoup VSP according to the recoupment schedule below. | **If the Veteran’s combined disability rating is ...**| **Then withhold from _monthly_ payments ...**  
10 or 20 percent| 100 percent of VA compensation.  
30, 40, or 50 percent| 75 percent of VA compensation.  
60, 70, 80, 90, or 100 percent| 50 percent of VA compensation.  

### VI.ii.2.4.b. History Behind the Current Navy and Marine Corps Recoupment Schedule for VSP

On November 2, 2023, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) issued a memorandum informing VA that recoupment of VSP from Veterans of the Navy and Marine Corps shall be made in accordance to a schedule that mirrors the schedule established for Veterans of the Air Force.  However, the recoupment schedule is for Veteran’s initially awarded disability compensation effective on or after November 2, 2023.Follow the instructions in the table below upon receipt of a claim for VA compensation from a Navy or Marine Corps Veteran who received VSP.| **If initial disability compensation awarded is effective …**| **Then** recoup VSP **…**  
 _**before**_ November 2, 2023| from VA compensation **_unless_** the Veteran received an _individual_ waiver.  
on or after November 2, 2023| according to the recoupment schedule below. | **If the Veteran’s combined disability rating is ...**| **Then withhold from _monthly_ payments ...**  
10 or 20 percent| 100 percent of VA compensation.  
30, 40, or 50 percent| 75 percent of VA compensation.  
60, 70, 80, 90, or 100 percent| 50 percent of VA compensation.  

### VI.ii.2.4.c. Instructions for Preparing an Award That Recoups VSP

Follow the instructions in the _VBMS Awards User Guide_ for preparing an award that recoups separation benefits if a Veteran received VSP from the

  * Air Force, and separated before October 17, 2007, _**or**_
  * Navy or Marine Corps, and the initial disability compensation awarded is effective before November 2, 2023.

Follow the instructions in the table below if

  * a Veteran received VSP from the Air Force, Navy, or Marine Corps
  * the Veteran’s combined disability rating is _**higher**_ than 20 percent, and
  * the Veteran separated from the 
    * Air Force on or after April 30, 2008, or
    * Navy or Marine Corps, and initial disability compensation awarded is effective on or after November 2, 2023.

| **Step**| **Action**  
1| Select the RATING button on the RECORD DECISIONS screen.  
2| Select the COMBINED RATING AWARD tab.  
3| Verify that the combined disability rating (displayed in the column labeled _SC%_) is at least 30 percent.  
4| Select the MILITARY PAYMENT INFORMATION button on the RECORD DECISIONS screen.  
5| Select the DISCHARGE PAY tab.  
6| Click on the ADD button.  
7| Select _Separation Pay_ from the DISCHARGE PAY TYPE drop-down box.  
8| Enter the gross and after-tax amounts of VSP in the GROSS AMT and AFTER TAX AMT fields, respectively.  
9| Enter the date the Veteran separated from service in the RAD DATE field.  
10| Click on the DONE button.  
11| Click on the OK button.  
12| Select the AWARD ADJUSTMENTS button on the RECORD DECISIONS screen.  
13| Select the SEPARATION PAY tab.  
14| Select _Separation Pay_ from the SEPARATION PAY TYPE drop-down box.  
15| Enter the amount of VSP in the ORIGINAL BALANCE field.  
16| Enter the effective date of the award in the AWD EFF DT field.  
17| Click on the DONE button.  
18| Select the OTHER ADJUSTMENTS tab.  
19| Click on the ADD button.  
20| Select _Preserve Net Rate_ from the ADJUSTMENT REASON drop-down box.  
21| Determine the amount of disability compensation VA must withhold by referring to the recoupment schedule shown in the table in M21-1, Part VI, Subpart ii, 2.4.a or b, as applicable.  **Important:** If the amount VA must withhold includes a fraction of a cent (such as $792.0975) drop the fraction of the cent (to $729.09 in the instant example).  
22| Subtract the amount of disability compensation VA must withhold (as determined in Step 21) from the amount of disability compensation that is otherwise payable to the Veteran.  
23| Enter the result of the calculation described in Step 22 in the ADJUSTMENT AMOUNT field.  
24| 

  * Enter the effective date of the award adjustment in the FROM DATE field.
  * Click on the DONE button.

**Note:** If multiple award lines must be changed, repeat the actions described in Steps 19 through 24.  
25| Click on the GENERATE AWARD button.  

### VI.ii.2.4.d. Recoupment of VSP From an Incarcerated Air Force, Navy, or Marine Corps Veteran’s Compensation

If VA is recouping an Air Force, Navy, or Marine Corps Veteran’s VSP from disability compensation, using the recoupment schedule in either M21-1, Part VI, Subpart ii, 2.4.a or b (as applicable), and that Veteran’s disability compensation becomes subject to reduction due to incarceration,

  * temporarily abandon the recoupment schedule
  * continue recoupment of VSP, but at the reduced rate specified in [M21-1, Part VI, Subpart iv, 1.A.2.a](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000207862/M21-1-Part-VI-Subpart-iv-Chapter-1-Section-A-Effects-of-an-Individuals-Incarceration-on-Department-of-Veterans-Affairs-VA-Benefits>), and
  * resume recoupment according to the recoupment schedule after incarceration ends.

## 5. Taking Award Action to Withhold Compensation

This topic contains information on taking award action to withhold compensation, including

  * determining the appropriate effective date for commencing the recoupment of separation benefits, and
  * preparing a decision notice after commencing the recoupment of separation benefits.

September 2, 2026  

### VI.ii.2.5.a. Determining the Appropriate Effective Date for Commencing the Recoupment of Separation Benefits

Use the table below to determine the appropriate effective date for commencing the recoupment of separation benefits from a Veteran’s disability compensation. | **Type of Award**| **Effective Date to Commence Recoupment**  
initial or supplemental| effective date of compensation award  
running| date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS  

_**Reference**_ :  For more information on preparing an award that withholds compensation to recoup separation benefits, see the _VBMS Awards User Guide_.    

### VI.ii.2.5.b. Preparing a Decision Notice After Commencing the Recoupment of Separation Benefits

After taking award action to begin recouping a Veteran’s separation benefits, prepare a decision notice that informs the Veteran

  * of the pre-tax amount of the separation benefits
  * of the _gross_ amount of the monthly award of compensation
  * of the amount of compensation VA is withholding for recoupment of separation benefits
  * of the net amount of the monthly award of compensation, if any, and
  * VA will continue withholding compensation until recoupment is complete.

**Important:** 

  * If VA is withholding _all_ of a Veteran’s compensation to recoup separation benefits, the decision notice must also inform the Veteran to notify VA of any address changes and that failure to do so could result in
    * a reduction or discontinuation of benefits, and/or
    * delayed or undeliverable future payments of compensation.
  * If a Veteran is already receiving compensation when VA learns recoupment of separation benefits is necessary, give the Veteran notice of proposed adverse action, as discussed in [M21-1, Part X, Subpart ii, 3.A](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177965/M21-1-Part-X-Subpart-ii-Chapter-3-Section-A-Notice-of-Proposed-Adverse-Action>), _before_ initiating recoupment.

**Reference:** For more information on decision notice requirements, see [M21-1, Part VI, Subpart i, 1.B.1](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179469/M21-1-Part-VI-Subpart-i-Chapter-1-Section-B-Decision-Notices>).  

## 6. Adjusting an Award From Which VA Withheld or Is Withholding Compensation

This topic contains information on adjusting an award from which VA is withholding compensation, including

  * retroactive adjustments that require special handling
  * adjusting an award based on a reduction in the combined disability rating, and
  * status of a recoupment balance when VA stops paying compensation.

March 25, 2013  

### VI.ii.2.6.a. Retroactive Adjustments That Require Special Handling

Follow the instructions in the user guide titled _[How to Identify an Out-of-System Payment and Adjust Priors for an Audit Error Worksheet (AEW)](<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fvbaw.vba.va.gov%2Fbl%2F21%2Fstar%2FAEW%2520Job%2520Aid.docx&data=05%7C02%7C%7Ccfbcf07677a048992a1c08dc4e52a301%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638471364023739373%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=Yi2K8O8wnVEdZ6p8XqNER7YL1Q4Bg42FkYs499urx8M%3D&reserved=0>)_ if

  * VA completed recoupment of a Veteran’s separation benefits prior to the conversion of the award to VETSNET, and
  * a retroactive adjustment of the Veteran’s award from a date **_prior_** to completion of the recoupment is now necessary.

### VI.ii.2.6.b. Adjusting an Award Based on a Reduction in the Combined Disability Rating

If, while VA is withholding all of a Veteran’s compensation to recoup separation benefits, VA decides a decrease in the Veteran’s combined disability rating is in order, the provisions of [38 CFR 3.105(e)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1105&rgn=div8>) still apply.Even though the Veteran is _not_ receiving compensation, VA **_must_**

  * send a notice of proposed adverse action to the Veteran, and
  * allow the Veteran 60 days to provide evidence showing why VA shouldn’t take the proposed action.

**Reference:** For more information on notifying a Veteran of a proposed adverse action under [38 CFR 3.105(e)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=551958c4c12b9d27d79484f158b3f4bb&mc=true&node=se38.1.3_1105&rgn=div8>), see [M21-1, Part X, Subpart ii, 4.B](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177970/M21-1-Part-X-Subpart-ii-Chapter-4-Section-B-Authorization-for-Reductions-in-Disability-Evaluations-Under-38-CFR-3105e>).  

### VI.ii.2.6.c. Status of a Recoupment Balance When VA Stops Paying Compensation

When VA stops paying a Veteran compensation from which it had been recouping separation benefits, any amount VA has not yet recouped

  * remains as a charge against any future award of compensation, and
  * ** __is__** subject to recoupment from any future award of compensation.

**Exception:** The principle set forth in this block does **_not_** apply when the Veteran dies before VA finishes recouping separation benefits.  The recoupment balance does **_not_** remain as a charge against survivors benefits VA subsequently pays based on the Veteran’s service.  

## 7. Processing Requests and Adjustments of a Withholding Because of Extreme Financial Hardship

This topic contains information on processing requests and adjustments of a withholding because of extreme financial hardship, including

  * processing requests for adjustment of a withholding because of extreme financial hardship
  * processing an award when an adjustment of withholding due to extreme financial hardship is in effect, and
  * exhibit of the template for requesting an advisory opinion on adjustment of a separation pay withholding.

September 2, 2026  

### VI.ii.2.7.a. Processing Requests for Adjustment of a Withholding Because of Extreme Financial Hardship

The table below contains instructions for processing a request that VA adjust the amount of a withholding (that is or VA has proposed to put in place to recoup separation benefits) because of extreme financial hardship.**Notes:** 

  * There is no prescribed form for making the request referenced in this block.
  * VA will accept a request from a Veteran or a VA-recognized representative or fiduciary.

| **Step**| **Action**  
1| Establish EP 290, _Separation Pay Hardship Request_.  
2| If the Veteran received _disability severance pay_ , go to the next step.  _Otherwise_ , go to Step 4.  
3| 

  * Notify the Veteran that the withholding associated with receipt of disability severance pay is not subject to reduction because of financial hardship.
  * Go to Step 10.

4| Is the amount or proposed amount of the withholding to recoup separation benefits _less_ than the full amount of disability compensation to which the Veteran is otherwise entitled?

  * If _yes_ , go to the next step.
  * If _no_ , go to Step 6.

5| 

  * Notify the Veteran that VA may not reduce the amount of the withholding because VA is withholding less than the full amount of disability compensation to which the Veteran is entitled.
  * Go to Step 10.

6| Is the Veteran’s combined disability rating at least 30 percent?

  * If _yes_ , go to Step 8.
  * If _no_ , go to the next step.

7| 

  * Notify the Veteran that VA may not reduce the amount of the withholding because the combined disability rating is less than 30 percent.
  * Go to Step 10.

8| Is the Veteran experiencing extreme financial hardship, as discussed in [M21-1, Part X, Subpart i, 1.3.a](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177939/M21-1-Part-X-Subpart-i-Chapter-1-Priority-Processing-Programs-and-Special-Requirements>)?

  * If _yes_ ,
    * append the _Hardship_ flash to the Veteran’s record, and
    * go to Step 11.
  * If _no_ , go to the next step.

**Important:** The information [_VA Form 5655, Financial Status Report_](<https://www.va.gov/vaforms/va/pdf/VA5655.pdf>), requires for completion is essential in making the determination discussed in this step. 

  * Unless the Veteran submitted the form (or the information the form requires) with the request, request its completion by the Veteran before making the determination discussed in this step.
  * If the Veteran fails to complete and return the form within 30 days, go to the next step.

9| Notify the Veteran that VA has rejected the request because the evidence of record does not show extreme financial hardship.  
10| Clear the EP 290 and disregard the remaining steps in this table.  
11| 

  * Prepare a request for an advisory opinion from Compensation Service in accordance with the template shown in M21-1, Part VI, Subpart ii, 2.7.c.
  * Route the advisory opinion request to Compensation Service as a request for an advisory opinion, according to the instructions in [M21-1, Part X, Subpart v, 1.A.1.g](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177996/M21-1-Part-X-Subpart-v-Chapter-1-Section-A-Compensation-Service-and-Pension-and-Fiduciary-PF-Service-Guidance>).
  * Go to the next step after receiving a response from Compensation Service.

12| Did Compensation Service determine that a reduction in the amount of the withholding is in order?

  * If _yes_ , go to Step 14.
  * If _no_ , go to the next step.

13| 

  * Notify the Veteran that VA has rejected the request for a reduction in the amount of the withholding.  Include in the decision notice the reason Compensation Service provided for rejecting the request.
  * Follow the instructions in Step 10 of this table.

14| Is a withholding to recoup separation benefits already in place?

  * If _yes_ , go to Step 16.
  * If _no_ , go to the next step after the due process period has ended.

**Note:** Follow the instructions in [M21-1, Part X, Subpart ii, 3.B.3](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177966/M21-1-Part-X-Subpart-ii-Chapter-3-Section-B-Adverse-Action-Proposal-Period>), if the Veteran requests a hearing during the due process period.  
15| Does the evidence of record show the establishment of a withholding to recoup separation benefits is in order?

  * If _yes_ , go to the next step.
  * If _no_ ,
    * notify the Veteran VA will not establish the withholding it proposed, and
    * take no further action.

16| Select the AWARD ADJUSTMENTS button on the RECORD DECISIONS screen.  
17| Select the SEPARATION PAY tab.  
18| Select _Separation Pay_ from the SEPARATION PAY TYPE drop-down box. **Note:** The action described in this step causes the system to automatically populate the ORIGINAL BALANCE field with the after-tax amount of the Veteran’s separation benefit.  
19| Enter the first day of the month following the current month in the AWD EFF DT field. **Important:** The award adjustment referenced in this table must **_not_** result in a retroactive award of benefits to the Veteran.  
20| Click on the DONE button.  
21| Select the AWARD ADJUSTMENTS button on the RECORD DECISIONS screen.  
22| Select OTHER ADJUSTMENTS on the AWARD ADJUSTMENTS screen.  
23| Select _Preserve Net Rate_ from the ADJUSTMENT REASON drop-down box.  
24| Enter the amount of the adjustment in the ADJUSTMENT AMT field. **Note:** The amount of the adjustment is typically the amount by which Compensation Service decided to reduce the withholding due to financial hardship. **Example:** **Scenario:** 

  * VA is withholding _all_ of a Veteran’s disability compensation to recoup separation benefits the Veteran received.
  * Because extreme financial hardship has been demonstrated, Compensation Service decides it is appropriate to pay the Veteran $100.00 of the compensation VA is currently withholding.

**Action:** Enter _100.00_ in the ADJUSTMENT AMT field.  
24| 

  * Enter the first day of the month following the current month in the FROM DATE field.
  * Click on the DONE button.

**Notes:** If multiple award lines must be changed, repeat the actions described in Steps 22 through 25.  
25| Click on the GENERATE AWARD button.  
26| Notify the Veteran of the action taken.  
**Reference:** For more information on notifying beneficiaries of a VA decision, see [M21-1, Part VI, Subpart i, 1.B](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179469/M21-1-Part-VI-Subpart-i-Chapter-1-Section-B-Decision-Notices>).  

### VI.ii.2.7.b. Processing an Award When an Adjustment of Withholding Due to Extreme Financial Hardship Is in Effect

Use the table below to determine the proper withholding when processing an award that results in the monthly compensation amount increasing or reducing, and an adjustment of separation pay withholding due to extreme financial hardship is in effect.  | **If the award is ...**| **Then ...**  
_increasing_ for reasons other than

  * a cost-of-living adjustment (COLA), or
  * additional compensation for dependents

  * click the GENERATE AWARD button to
    * increase the separation pay withholding by the amount compensation is increased, and
    * continue the _net_ payment at the current rate, and
  * notify the Veteran of the action taken, including the following in the decision notice:

_We previously approved your request to adjust the amount of withholding required to recoup separation benefits due to extreme financial hardship.   Because an increase in compensation, which was not due to a Cost-of-Living Adjustment or addition of dependents, has now been granted, and a remaining balance is still due, an increased withholding has been implemented from the effective date of the increased award.  Your net monthly payment will remain unchanged until separation benefits have been recouped. _**Important:** 

  * Do **_not_** change the _Preserve Net Rate_ amount in the ADJUSTMENT REASON drop-down box on the AWARD ADJUSTMENTS screen.  This will ensure the payment amount remains unchanged and no retroactive payment is released. 
  * The award action referenced in this row must **_not_** result in a retroactive award of benefits _unless_ the remaining balance of separation pay is less than the retroactive amount.  For example, if the remaining balance of separation pay before the award action is $1,000 and the award results in a retroactive amount of $1,200, then a retroactive payment of $200 is warranted.

_increasing_ due to

  * a COLA, and/or
  * additional compensation for dependents

| the withholding amount continues unchanged (the increased amount is paid to the Veteran).  
_reducing_ to a(n)

  * combined disability rating of 30 percent or greater, _and_
  * amount greater than the current withholding amount

| the withholding amount continues unchanged.  
_reducing_ to a(n)

  * combined disability rating _less_ than 30 percent, and/or
  * amount equal to or _less_ than the current withholding amount

| withhold all of the Veteran’s monthly compensation until the remaining balance of separation pay has been recouped.   
_**Important**_ :  When processing a proposed reduction, the rates described in the table above must be accurately reflected in the notice of proposed adverse action.

_**References**_ :  For more information on

  * notice of proposed adverse action, see [M21-1, Part X, Subpart ii, 3.A](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177965/M21-1-Part-X-Subpart-ii-Chapter-3-Section-A-Notice-of-Proposed-Adverse-Action>), and
  * preparing a decision notice, see [M21-1, Part VI, Subpart i, 1.B](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179469/M21-1-Part-VI-Subpart-i-Chapter-1-Section-B-Decision-Notices>).  

### VI.ii.2.7.c. Exhibit: Template for Requesting an Advisory Opinion on Adjustment of a Separation Pay Withholding

Below is the template that must be used when requesting Compensation Service provide an advisory opinion on an adjustment to the amount of a separation pay withholding based on extreme financial hardship. |  **DEPARTMENT OF VETERANS AFFAIRS**[RO name]**[RO address]**  **[current date]**  Executive Director**                                                                  **In Reply Refer To:Compensation Service (214C)**                                                [RO number]**Department of Veterans Affairs                                             **[File number]** Central Office                                                                         **[Veteran’s name]** 810 Vermont Ave. NWWashington, DC 20420** **SUBJECT**:   Request for an Advisory Opinion on Separation Pay Recoupment** **FINANCIAL HARDSHIP EVIDENCE**

  * Date _VA Form 5655,_ _Financial Status Report_ , or equivalent information received:
  * Other evidence of hardship (list source and date received):

**INCOME AND EXPENSE INFORMATION**

  * Monthly VA compensation (before Separation Pay Adjustment):
    * Current withholding amount, if applicable:
  * Other sources of income (wages, Social Security, retirement, etc.):
    * Total monthly net income:
    * Total monthly expenses:
    * Monthly discretionary income (total monthly net income less total monthly expenses):
    * Monthly amount Veteran indicates can be contributed towards separation pay recoupment:

 **SEPARATION PAYMENT INFORMATION**

  * Type of separation payment received (noting that disability severance pay is not subject to reduction):
  * Date of separation payment: 
  * Gross amount of separation pay:
  * Net amount of separation pay (gross amount less Federal income taxes):
  * Source of Confirmation of Separation Payment Information (VIS, AskDFAS, etc):

 **RECOMMENDATION**:   [Provide a recommendation and/or comments regarding the adjustment amount to be applied toward recoupment of separation pay.] **
