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Phantom Debt

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nsallies

Question

The Va wanted a statement of dependants, I sent it in. They replied saying I never took my 1st wife off and have been over paying me for 8 years. I faxed the VA in Ca the divorce papers back in 2001 with a request to remove my ex. Of course this being 9 years later I dont have the proof. After faxing the next month my compensation didnt change that much so I called..they said she was removed that I just got a cost of living raise (DEC) so I didnt think about it again til I got the Debt letter. What can I do? I agreed to pay them @129 a month for like 6 years just to keep them from yanking my total check for like 7 months but can I appeal it or something? This really isnt my fault, they just didnt enter it in the system.

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  • HadIt.com Elder

You may ask for hardship that you cannot afford and it was VA fault. Since you are already in a payment agreement I don't know if they will be receptive.

Good Luck

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  • HadIt.com Elder

It certainly is your fault!!! You knew you continued to receive the money and did nothing about it. You deserve what you get!! That being said, you can ask for forgiveness but I doubt you'll get it, as you screwed up by agreeing to pay it back, w/o appealing it. I would check my c-file and see if the fax is in there. Sorry, no sympathy from me. jmo

pr

The Va wanted a statement of dependants, I sent it in. They replied saying I never took my 1st wife off and have been over paying me for 8 years. I faxed the VA in Ca the divorce papers back in 2001 with a request to remove my ex. Of course this being 9 years later I dont have the proof. After faxing the next month my compensation didnt change that much so I called..they said she was removed that I just got a cost of living raise (DEC) so I didnt think about it again til I got the Debt letter. What can I do? I agreed to pay them @129 a month for like 6 years just to keep them from yanking my total check for like 7 months but can I appeal it or something? This really isnt my fault, they just didnt enter it in the system.
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Good point- yes the fax might still be in your C file or even in the old PC you sent it from.

Go to the BVA web site and put overpayment into the BVA decision browser.

Some vets and widows who were overpaid by VA have successfully gotten the debt eradicated.

But they were able to prove that the overpayment occurred through no fault of theirs.

The important thing however is to appeal the overpayment decision within the time limit they gave you and study the way the BVA decides these types of situations.

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  • Content Curator/HadIt.com Elder

I had this happen to me when my number of dependents changed, but I hounded the hell out of the VA and made them fix it. It took those morons about 3 months to fix it and they docked me a good chunk of one month's money. Because I was prepared for it, I set aside the excess and it didn't hurt me financially when it happened. The next month arrived and everything was smooth sailing afterwards.

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Read my post again Phillip Rogers, I called back in 01 and they said she was removed, that I just got a cost of living raise and everything was good to go. So its not my fault.

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  • HadIt.com Elder

nsallies - thank you for the following IM from you: "This forum is for constructive advice. Veterans helping Veterans. If you feel the need to accuse someone of something or reply negatively on a personel level then open your own website."

I've reread your post. This was not an attack! My point was "you continued accept payment from the VA, w/no reduction, so "I feel" you obviously "knew" they hadn't removed your 1st wife as a dependent. You probably did notify the VA but you also had a "duty" to follow up when the amount of your payment wasn't reduced. In my opinion, it's obviously your fault, so don't claim innocence. Hey, you just got caught - no biggie. Also, I gave you my opinion as to what "I thought" you could do. In dealing w/the VA or anyone, you might want to consider the following quote: "If it can't be read, it wasn't said!" jmo

If anyone here feels my post was an attack, please feel free to jump in and let me know. Thanks!!!

pr

Read my post again Phillip Rogers, I called back in 01 and they said she was removed, that I just got a cost of living raise and everything was good to go. So its not my fault.
Edited by Philip Rogers
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