Dependent Issue

[LanceJoseph]

Not entirely sure where to post this but here goes, So I am not well versed in the dependent side of the VA, but I am very good at keeping track of my paperwork of what I have received and also sent to the VA.  I currently received a full award from the BVA and am just waiting for my RO to make their judgements on everything. When I first left the service I received my initial award two months later (early Va program). My RO at the time was still Winston-Salem, I received a letter August of 2011 asking for my updated dependency status. At this time I was going through a divorce and in September when it was finalized I sent a copy of my dissolution to the Winston-Salem RO (I have copies of this).  What I did not realize was that I was still being paid at the rate of having a spouse. I sat down with a VSO the other day and he asked how my wife was and while a bit stunned I simply said I haven't been married since 2011. He informed me that they have been paying me at that rate for 7 years. My question is even though I sent this dependency change, Should I have take other action? I did get on ebenefits because the gentleman said I could check it on there and she is listed under (dependents not under award) but I checked my payment history and sure enough I have been getting paid at this rate. What should my next course of action be in this matter? I don't want them to feel as though I was trying to steal from them and I also don't know what I should do. My BVA award letter even mentions multiple times during my C&P exams that my marriage had ended, this alone shows that I was not trying to hide this from them. Should I show them the extra copies that I sent to Winston-Salem? Below is one of the copies of the letter I sent to the RO in Winston-Salem. 

Edited January 20, 2018 by LanceJoseph

[broncovet]

Something similar happened to me.  I got married, while I was on Pension, and my wife was a nurse earning well over the pension level.  

I reported same to VA..within a month of my marriage.  VA does "nothing" for 18 months, and continues to pay me pension, when I was no longer eligible, even tho I reported it.  

Then, they sent me a letter that I owed them thousands of dollars as they over paid me.  

I appealed the debt to Debt management center where I reiterated:

1.  I had reported my change promptly.  Its not my fault VA is in an 18 month backlog.  

2.  Repayment would cause a hardship, as my wife's income was simply not available to me.  

     I won the appeal and did not have to repay the overpayment.  

 

So, on to you.  You have done your part.  You reported your divorce.  Its VA's job to update your dependents as long as you keep them informed.  

However, expect VA to lie, and you are rarely disappointed.  Do you have "proof of mailing" the divorce decree and letter?  The VA can say, "we dont have record of it", and its on you.  

You might consider sending a copy of your letter and state:

The orignial letter was mailed to VA on or about December, 2011.  This time, tho, be sure you have "proof of mailing", that is, send it certified mail return receipt requested.  

I would do that, just in case VA says they overpaid you, and try to get it back, and you have to appeal the debt to debt management, like I did.  

If you had, in your possession, proof of mailing, then I would not worry about it.  

But, if you can not prove you mailed it, I probably suggest you re mail it, this time, with proof.  

Doing nothing and continuing like you are could become very bad, as you could become burdened with this overpayment debt.  

Seven years of overpayment debt is enough, you probably dont want to deal with this issue 10 years from now, when its much worse.  

I think I read somewhere where they dont burden the Veteran with overpayment debt, if its not the Vets fault.  

Be prepared for your checks to go down the amount of the dependents, in any case.  

[LanceJoseph]

BroncoVet, Thanks so much for your reply. This whole thing makes me nervous due to the time frame. I feel as though this will hold up my TDIU/SMC retro and benefits if I bring this up while they are working my BVA award. I have already taken steps to counter this by filling out the waiver form with all necessary information and along with that my extra copy of what I sent and also a financial form showing that this would create a hardship for me, I'll be damned if I go back to living in a storage unit during the warmer months lol (not even kidding). Sadly I do not have a certified mail proof of any sort, only an extra copy. My questions are will they just simply take this out of my retro payment for my recent award or will I be given a chance to dispute this? Sadly I feel like being ignorant of how my compensation is broken down is on me, my rating changed a lot around that time due to filing NOD's and didn't think much into it. I plan to make sure they are aware of this situation very soon as I am not one to take something that I do not rate.  

[broncovet]

Yes, you will be given a chance to dispute the "overpayment debt".  You would file for a waiver of overpayment debt, outlining your reasons, with my suggestions, above.  

If they dont waive the debt altogether, you could ask them to spread the overpayment over a couple years so you dont have to go without a paycheck for 3 months or whatever.  I would guess they would do that, if not waive it all.  

I would not submit a debt waiver until you have gotten notice of the overpayment debt, but, read this site first.  

https://www.va.gov/debtman/Submit_A_Waiver_Request.asp

[LanceJoseph]

Thanks again Bronco, I just looked up the Regional office that I sent my paperwork to and it seems it is now a Wells Fargo, not sure when that change happened but I just remember sending it to the address that was sent to me, and yep just double checked and that was the correct address for that year.  

Edited January 20, 2018 by LanceJoseph

[LanceJoseph]

Spoke to peggy today to inquire how my dependent overpayment claim was going to effect my BVA award, I was pretty much told no retro payments would likely be paid out until the dependent claim was settled, So in essence they are holding my award hostage? I do have copies of the letter and divorce papers I sent to my RO in 2011 but was told without a receipt of postage they won't amount to much. My question is how should I proceed? Is this legal? I keep reading about people calling the whitehouse number and getting results but I feel as though many other veterans have much more pressing matters than my situation. Any thoughts? 

 

[Berta]

 "I do have copies of the letter and divorce papers I sent to my RO in 2011 but was told without a receipt of postage they won't amount to much"

Do you have an updated copy of your C file?

My C file, after years of VA telling me something had "never existed" ( a  6 page critical Peer Review report that supported my FTCA case -which the VA R egional Counsel and also the Peer Review doctor told me VA  had a copy of before they 'disappeared 'from VA as well as the report. just after the RC wanted to negotiate a settlement with me for wrongful death)

I found th report , years later at the bottom of my C file. I had to proceed on my FTCA case without it, that;s OK I had plenty of malpractice evidence, but was able to use the  so called ' non existent'  report effectively 15 years later for my AO IHD death claim.

I always send my VA stuff to them via USPS Priority with a tracking slip and then I print off their (VA's) receipt on line from USPS.

Years ago I gave testimony to the H VAC sub committee on Disability and sent them,in color, 53 USPS green and white receipts of  critical evidence my RO received from me but never considered at all.

 

 

Edited January 30, 2018 by Berta