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fbbdab

Seaman
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Posts posted by fbbdab

  1. Does anyone have any idea how long DFAS Audit take when you see compensation issue on the website or are there any other indicators to look for that tells what is going on with the HLR? This was a HLR for an EED based on CUE. The claim states a new decision has been made but in typical VA fashion I cannot get any information yet! Looking for some insight! 

  2. Probably the reason you cant find anything on "Ch. 35 Overpayments" is because they likely treat a "Ch. 35" overpayment the same as they do any other VA overpayment.

    I think if you got, say, that $3000 emergency payment while you were only owed, say$1000, then you would likely not get any money for the next two months if you were getting $1000 per month. That is, they 'reconcile' it.

    If you have gotten a letter that says you owe the VA money, and if you have a good reason, you can ask for a 'waiver' of repayment. I did this, and was granted the waiver..that means I did not have to pay the money back.

    Example: Veteran is on NSC pension, then gets married. Spouse has significant income making Veteran no longer eligible for NSC pension. Vet reports marriage and mentions spouse has significant income. It takes the VA two years to make these changes, and pays the Vet the NSC pension. Finally it gets changed, and the VA says the VEteran owes an overpayment. This overpayment was the result of the VA's slowness, and not any thing the Veteran did wrong. Also, the Veteran has applied for an increase, but has not gotten an answer for 4 years. The Vets waiver could be approved, but I still think even this overpayment would be deducted from a large retro.

    WOW, even though this original post is over a year old, this very thing is happening to me now, in reverse. I got divorced, notified the VA and they kept paying the dependent rate. When I requested a increase on a disability and notice it then I notified them again and they said I owe them. IT IS SO NOT FAIR. Their own careless, imcompetent employees made this egregious error and I, the Vet, have to pay for it. I submit a contestment and a waiver to the bill, and I'm still waiting on that, they threaten to stop my benefits for several months to make up for the overpayment. I am glad to hear you were victorious!! AIM HIGH

  3. Would this be grounds for a CUE claim?

    In May 2008, I submittted a claim for hiatal hernia and asbestos exposure. The claim was denied in July 2009. I submitted a NOD with DRO election and they requested C&P exams in 2011, after they said I was a no-show but I never received the appointments. I FOIAed the exam documents and the doctors clearly stated that the hiatal hernia was service connected back to 1992 with severe GERDs and the asbestos exposure (pleural plaque on lungs) was "at least as likely as not " to be related and have occurred while in service. I am still waiting for a decision but in the event it comes back denied again , or even if it doesn't can I file a CUE ?

    FBBDAB

    "AIM HIGH"

  4. I was initially rated at 40% and went back to VA to continue the fight. I'm in the DC/MD/VA area. I NOD'd a denial decision on asbestos and a hiatal hernia clearly annotated in my records. I got a C&P and the doctor during the exam included in his examination that I had sleep apnea and a severe case of GERDs associated with the hernia. Does anyone know if the GERDs and sleep apnea will get rated in the decision or will VA ignore it and just rate on the hernia? If VA is true to themselves, they will probably ignore it and I will have to file a separate claim for that. I'm hoping that just once they will do something for the good of the veteran.

    If anyone has had this experience, please share your results, I'd love to know what to expect. Thanks

    FBBDAB

    "Aim High"

  5. I was diagnosed with pleural plaques on my lungs. The C&P Examiner stated in the review exam papers that "it is as likely as not" that it occurred as a result of service related exposure to asbestos while in service. Has anyone had any success with getting a SC percentage for pleural plaque on the lungs? This is my first post and I want to say it is a privilege to be amongst so many who have served this country, many thanks to those who went before me and those serving now, hopefully our struggles with the VA will benefit them when they need it.

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