VA takes back separation pay

It holds your check until repaid.

The short version
After tax
what VA recoups
Gross pay minus the federal tax withheld
Whole check
usually withheld
Until the amount is fully recovered
Combat
exempt
Disability severance for a combat injury, since Jan. 28, 2008

Check VA’s math. Mistakes on the after-tax amount are common, and they’re yours to catch.

Jump to a section
  1. Why VA takes it back
  2. See how long it will take
  3. Check VA’s math
  4. Frequently asked questions

1. Why VA takes it back

The law doesn’t let you be paid twice for the same service. If you left the military with a lump sum and VA later rates you for a disability from that service, VA deducts the lump sum from your compensation — usually by holding your entire monthly payment until it’s recovered.

Payment you receivedRecouped from VA pay?
Involuntary separation payYes
Special separation benefit or voluntary separation incentiveYes
Disability severance pay, non-combatYes
Disability severance pay, combat-related, separated on or after Jan. 28, 2008No

2. See how long it will take

Try it

How long will VA hold your check?

Months withheld
Separation pay, before tax
What VA recoups

Federal tax on separation pay is usually withheld at the 22% flat rate for supplemental wages, which is why that’s the default. Your separation pay statement or W-2 shows the exact amount.

3. Check VA’s math

Already retired and wondering how VA pay interacts with your pension? See the VA waiver of military retired pay.

4. Frequently asked questions

Does VA take back military separation pay?

Yes. Federal law requires VA to recoup separation pay, special separation benefits, voluntary separation incentive payments and non-combat disability severance pay from VA disability compensation for the same service. VA usually withholds the entire monthly payment until the amount is recovered.

Does VA recoup the gross or the after-tax amount?

For separation pay received after September 30, 1996, VA recoups the after-tax amount: the gross payment minus the federal income tax withheld from it. For payments on or before that date, VA recoups the full amount.

Is any separation pay exempt from VA recoupment?

Disability severance pay for a disability incurred in a combat zone or during combat-related operations is not recouped, for separations on or after January 28, 2008.

How long does VA recoupment take?

It depends on the amount owed and your monthly compensation. VA withholds your payment until the after-tax separation pay is recovered, so $20,000 recouped at $1,000 a month takes about 20 months.

Sources
  1. 38 CFR 3.700, separation pay and VA compensation
  2. 10 U.S.C. 1174, separation pay
  3. Board of Veterans’ Appeals decision A25000789: after-tax recoupment
  4. DFAS, recoupment of separation payments from retired pay