Back Pay

[lenkl1945]

Got my big yellow packet the V A let me know of a overpayment and they declined my adapted housing They didn't give me the figure of what I owe I do know they are right my daughter is in college and drawing chapter 35 for 3 yrs they paid me as her being a dependent  over 18 and home I called the 1-800 number they couldn't help what should I do.

[MikeHunt]

You can request waivers on the basis of:

Financial Hardship: You can turn in a VA Form 5655 after you get a notice from DMC.

Not substantially your fault: This reference says it's the RPO's responsibility to notify the RO, who's supposed to reduce on receipt. (Why was it 3yrs????)

M21-1MR, Part III, Subpart iii, Chapter 6, Section B

7. Adjustment of Awards for Children Over Age 18

 

Introduction

This topic contains information about adjustment of awards for children over age 18, including   the notification provided by the regional processing offices (RPOs) bar to concurrent receipt when to reduce or discontinue awards, and recovering overpayments.

 

Change Date

October 5, 2010

 

a. Notification Provided by the RPO

The regional processing office (RPO) provides a copy of the award of DEA benefits to the regional office (RO) with jurisdiction over the claims folder. Reference: For information on the alignment of ROs and RPOs, see M21-1MR, Part IX, Subpart ii, 2.11.a.

 

b. Bar to Concurrent Receipt

A child over the age of 18, who is not entitled to benefits based on permanent incapacity for self-support, may not receive death compensation, pension, or DIC concurrently with benefits under 38 U.S.C. Chapter 35.   References: For more information on the prohibition of concurrent payments of DIC and DEA, see 38 CFR § 21.3023. effect of elections, see M21-1MR, Part III, Subpart v, 4.E.22.

c. When to Reduce or Discontinue Awards

After notification is received from the RPO that it has awarded DEA benefits, and the RO has sent notice of proposed adverse action, if required, use reason code 41 to reduce or discontinue benefits in the same or any other case in which the payments authorized were based on the school attendance of a child, either retroactively or prospectively.   Make the change effective the date the DEA benefits to the child commenced.   Important: The RPO will usually send notification of an initial DEA award via e-mail to an RO’s CH 35 Outlook mailbox. That notification should be retained in the claims folder as verification of the award of DEA benefits.   Notes: If the child was receiving death benefits in his/her own right, a contemporaneous notice may be sent to the beneficiary upon election of DEA. If the child was included as a dependent on a compensation or pension award, follow the due process instructions M21-1MR, Part I, 2.A.2. Send the primary payee a notice of proposed adverse action before removing the child from the award.   References: For more information on the effective date of reduction in awards involving DEA benefits to a child, see 38 CFR § 3.503(a)(8) an adjustment if the child was receiving benefits under a consolidated award, see M21-1, Part V, 4.05c(l) 38 CFR § 3.651 38 CFR § 3.703 (c) 38 CFR § 3.704 (a), and reductions effective the date of last payment due to administrative error, see 38 CFR § 3.500(b)(2).

 

[broncovet]

Good answer, MikeHunt. 

I applied for, and got a waiver of debt repayment, that was about 7 years or so ago.  I just explained it was not my fault, VA sent too much money, that I had reported a dependent change promptly.  And, I also explained how this would be a financial burden.  

I got the waiver.  

[lenkl1945]

Thank you guys my daughter started college 3 yrs ago they never dropped  her when she started to receive her chapter 35 bennifits I owe the back pay Just cannot get the amount ?

[MikeHunt]

you'll get a 101 letter from DMC with amount and lots of instructions.

if they have your correct address and if they send it