38 U.S.C. § 1161

Payment of disability compensation in disability severance cases

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The deduction of disability severance pay from disability compensation, to the extent required by section 1212(d) of title 10, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating.

Notes of Decisions

Cited in 3 cases, 1996–2015 · leading case: Nickerson v. United States, 35 Fed. Cl. 581 (Fed. Cl. 1996).

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Nickerson v. United States, 35 Fed. Cl. 581 (Fed. Cl. 1996). “§ 1212 (c) *585 (1994); 38 U.S.C. § 1161 (1994); 38 C.F.R. § 3.700 (a)(3) (1995).”

Sherman E. Morris v. Eric K. Shinseki, 26 Vet. App. 494 (Vet. App. 2014). · cites it 2× “at 181-82; see 38 U.S.C. § 1161 (2000) ("The deduction of disability severance pay from disability compensation, to the extent required by section 1212[(c)] of title 10, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be…”

Bargsley v. United States, 120 Fed. Cl. 619 (Fed. Cl. 2015). · cites it 2× “Also supporting the conclusion that section 1212(d) concerns the reduction of a veteran’s disability compensation is 38 U.S.C. § 1161 , the statute containing the instructions for making the reduction described in section 1212(d)(1).”

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