CLARKSVILLE, Tenn. (WTVF) — They served their country, got injured and received disability pay.
But a federal law is forcing thousands of disabled veterans to return tens of thousands of dollars to the government.
Janet Hudson must repay more than $30,000, which she says will cause her serious financial problems.
I break down her case in the player above.
She also maintains she never received the separation pay the government is requiring her to pay back.
"I was very proud to serve my country, and it just seems like we're getting slapped in the face right now," Hudson said.
Janet Hudson joined the Army right out of high school.
She was a cook, deployed around the world, but she was also a mom.
"My first deployment was when my daughter was 18 months. I had to go to Somalia," Hudson said.
She said she voluntarily left the Army in 1999, and joined the National Guard.
"I decided to leave the Army because of the fact I was away from my daughter being a cook. I didn't get to spend much time with my daughter," Hudson said.
But Hudson then re-enlisted in 2007 and went to Iraq and Afghanistan.
She finally retired in 2012, after 28 years, and collected disability for back pain.
She recently applied to get her disability pay increased, but was shocked by the response from the Department of Veterans Affairs.
"I got a letter, and they are going to be taking $338.00 a month for seven years," Hudson said.
The VA said she received more than $33,000 in separation pay when she left the Army in 1999, and now they want it back.
"I'm very angry because just one dollar they take from me, they're taking something I never got from them," Hudson said.
Hudson maintains she never got the separation pay.
But she also believes it's wrong the VA is now recouping money from veterans all these years later, even if they did receive separation benefits.
Information provided by the VA reveals over the last 12 years the government has withheld disability payments from more than 100,000 veterans.
It's because of a federal law that prevents veterans from receiving both separation benefits and disability pay.
The VA said in a statement it is "legally required to recoup separation pay" from veterans who also receive disability benefits, but added less than one percent of those who apply for benefits have any money withheld.
"We recognize this may bring challenges for veterans. We try to identify the need for recoupment as early as possible, and we work with them every step of the way to minimize any impact this may have on them," the VA said in a statement.
James Cripps knows about fighting the VA.
After years of appeals, he became the first veteran to win disability benefits for Agent Orange exposure while serving in the United States.
He now has a website and podcast devoted to helping other vets deal with the VA.
He believes the VA has become more aggressive going after separation pay in recent years - since the passage of the PACT Act - which gave disability to veterans exposed to burn pits in Iraq and Afghanistan.
"When they passed the PACT Act they should have appropriated more money. They should have foreseen that, hey, this is going to cost more money," Cripps said.
In 2022, the VA took back separation pay from 7,940 veterans.
Last year it rose to 9,298 veterans.
"We're actually paying one veteran at the expense of another and that's not right," Cripps said of the increase since the passage of the PACT Act.
NewsChannel 5 Investigates asked, "Would you like to see this law changed?"
James Cripps responded, "I would like to see it changed. I would like to see more compassion in the system."
Janet Hudson has gone back over her Army release papers.
One form, that was signed by her, indicates she received no separation pay.
Another that was not signed, and that was provided to her by the VA, indicates she received $33,193.80 when she left the military in 1999.
That was a time when the military was reducing the size of its force and paying soldiers to leave.
"Do you actually think if I had $33,000 in my account that I wouldn't notice that?" Hudson asked.
Hudson emphasized she left on her own, not as part of a reduction in force.
"If that money did go into my account somebody took it out. I never saw it," Hudson said.
But now, like many other veterans, she's on the hook for repaying separation benefits.
Operation Stand Down Tennessee, which provides assistance to veterans, has connected Hudson with an attorney who is looking into her case.
An Arizona congressman has proposed changing the recoupment law, but admits it will be expensive, and so far it has not passed.
Here is the statement provided by the VA:
"By law, VA is required to recoup military separation pay from Veterans who receive disability compensation payments... We recognize that this may bring challenges for Veterans. We try to identify the need for recoupment as early as possible, and we work with them every step of the way to minimize any impact this may have on them.
Fortunately, VA is only required to recoup benefits in a very small number of cases — less than 1% of total disability compensation claims applications and around 0.1% of total recipients. Because of this, it's important to note that when applying for benefits, a Veteran is dramatically more likely to have their benefits increase than to see any decrease.
Since September 2021, VA has taken procedural steps that allow us to discover and resolve these recoupment cases more effectively. We will continue to work this issue to make it as seamless as possible for those we serve, and to ensure that Veterans understand this law when they submit their claims for benefits."
