free_spirit_etc

I am thinking that the widow would get the benefits that pays he MOST. If the vet's ast month is higher than DIC - they give her the last month - but deduct her DIC. If the DIC is more - they give her the DIC but deduct the vets last month's pay. So whichever is greater minus the other. BUT -- how that plays out - I have no idea. I am not sure they can keep it straight. The bank put a hold on my bank account over two months ago. The mney is still there - just held. They didn't take it back - but I can't use it. The bank says the hold is indefinite - until the VA takes the money or releases the hold. The VA debt management center says to talk to my bank. The bank says to talk to the VA. Once upon a time the VA said there was no evidence I was his spouse. I went to the VA today to see my husband's file. There is a document in the file that says that I AM entitled to the Last Month payment and a note that says to file whatever it is they file to reverse the reclaimation. But -it still hangs in limbo. Something is lacking somewhere in the follow up. And as long as they can keep me bouncing back and forth "ask you dad" "ask your mom" - no one has to follow up. Free

The Treatises evidence can SUPPORT a medical opinion that is record - but in this case I don't think it could stand alone. We submitted Treatises info to support what the doctor documented in the records without writing an actual opinion - to show that what was in the record was based on medical sound principles. For instance he gave the growth rate and doubling times of the type of my husband cancer - but didn't discuss it in detail. So we submittef treatise to support what HE said - to show that he wasn't making a wild guess - that sound medical principles not only support that what he said is possible - but that what he said is actually the STANDARD for the field. I am not even sure how much probative value they will give it - but it is submitted to SUPPORT medical documentation - not to replace it. I don't think the Treatises will stand alone in the lung cancer / stroke / heart connection. I think you will need a doctor to write that in an opinion - and then you can support it with the Treatises --to add credibility to your doctors opinion (but make aure they don't conflict in some way -- like if you doctor and the Treatises agree on a couple points - but the Treatises goes against some other things he / she says - they might actually try to use the Treatises itself to "discredit" your expert.) Always read the WHOLE thing before you submit it - and make sure there is not info in it that will also be held agaisnt the case. I have read several BVA cases where the person submits Treatises to support ONE point they were making - but the BVA finds other info in it to rule against them. But just submitting info that lung cancer CAN cause strokes / heart problems, etc. probably won't be strong enough - because it won't "prove" that it caused THIS person's stroke. You will most likely need a medical opinion that not only can it cause strokes - but it is more likely than not that it caused this person's stroke - or in the very least - that it can't be ruled out as having a connection. Free

Another potential valid claim would be if she has a very slow growing cancer - which could indicate that the cancer was already present when she retired in 2003. Again, you will need to ask the doctor about this - and also might want to research it yourself. But a claim can have more than one basis. Free

Yes. And around here - you have to request it EARLY. My husband waited over 6 months and still didn't get his copy. And then, when he died, they said I had to put in a NEW request - and wait six months. So if you live in the Chicago VARO area - encourage people to request them in the fifth grade, junior high at the latest, and they MIGHT get the copy by the time they are perfecting their appeal. I also read an excellent idea in here - to get a copy of your C&P exam ASAP --not from the RO - but from the VA center that did the C&P. That way, if you find errors - you can address them BEFORE they are used to decide your case. And you know whether it is in support of your claim or not - and can do some damage control, get a stronger IMO, etc before the first decision. Free

The cigarettes are not cheap any more. Neither is the booze. But the Shoppettes on base are about 1/2 liquor store. I have my husband's can opener thingie (forgot what you guys called it). It was always on his key ring. That gives me an idea. The only thing his dad asked for when he died was his cowboy hat. He said he would like to have the hat when I was ready. I took it to him for Father's Day, along with one of the Presidential Certificates. For some reason the VA sent me two. Yep Folk - they actually orer the widow the Certificates. But he might like his keyring with the --whatever it is - lol Free

This is a pretty complicated issue. My husband was retired military and his ex got 18 percent of his retirement for the 10 years they were married (well - actually the 8 years they were "married" and the two years she dragged the divorce out while she lived with her boyfriend so the marriage could "last ten years) under the Former Spouse's protection Act. When he got 20% SC from the VA - they adjusted his retirement pay - because he had to waive an amount equal to his VA disability. Her FSPA payment was reduced -and she did not get a percentage of his disability. However there is fighting on this issue on both sides. Some folks are fighting to get laws that require a spouse to "make up" whatever their ex lost due to the decreased payment based on the disability. So - the spouse won't "get" their disability - but they have to pay her the same amount as if they weren't disabled. On the other side - some are trying to get laws passed that STOP states from changing court orders around to bypass the Supreme Court ruling that the spouse is not entitled to a portion of disability pay. The Supreme Court ruled that disability can't be divisible as community property --but then many state courts are just awarding an equal amount and calling it something else. So more than just know what the law is -- your friend will probably need to find out what the judges in his area are doing with the issue. Free

ACK! NO! That's NOT all he has to do! From Tri-Care Handbook: "• Former spouses of active or retired military who were married to a service member or former member who had performed at least 20 years of creditable service for retirement purposes at the time the divorce or annulment occurred. The former spouse must also meet the following requirements: 1. Must not have remarried. 2. Must not be covered by an employer-sponsored health plan. 3. Must not be the former spouse of a NATO (or “Partners for Peace” nation) member. And— 4. Must meet the requirements of one (not all) of the following three situations: Situation 1: Must have been married to the same member or former member for at least 20 years, and at least 20 of those married years must have been creditable in determining the member’s eligibility for retirement pay. If the date of the final decree of divorce or annulment was on or after February 1, 1983, the former spouse is eligible for TRICARE coverage of health care that is received after that date. If the date of the final decree is before February 1, 1983, the former spouse is eligible for TRICARE coverage of health care received on or after January 1, 1985. Situation 2: Must have been married to the same military member or former member for at least 20 years, and at least 15—but less than 20— of those married years must have been creditable in determining the member’s eligibility for retirement pay. If the date of the final decree of divorce or annulment is before April 1, 1985, the former spouse is eligible only for care received on or after January 1, 1985, or the date of the decree, whichever is later. Situation 3: Must have been married to the same military member or former member for at least 20 years, and at least 15—but less than 20— of those married years must have been creditable in determining the member’s eligibility for retirement pay. If the date of the final decree of divorce or annulment is on or after September 29, 1988, the former spouse is eligible for care received for only one year from the date of the decree. Upon completion of the period of eligibility for TRICARE, explained in Situation 3 above, a former spouse is eligible for the Continued Health Care Benefit Program (CHCBP). Check with your BCAC/HBA/TSC for details." He could re-enlist :D Don't know what to tell you on this one. He might want to inform his lawyer that he CAN'T get it through the military (as that might change the MIX of other things settled..i.e. if he has to pay for private coverage, then he would get to retain more of his retirement pay). But then, again, as you say she can't get medical coverage --then that really needs to be discussed with the attorney -- because if she isn't insurable - then being ordered to provide health insurance when Tricare is not an option would be pretty rough. And even being married for 15 years of credit time in the service would only get her one year. She would need the whole 20 years for life time coverage. If the attorney's thought he could get coverage - that would be the route they would go toward - but if Tricare won't cover her - they might have to work something else out. Some of it will most likely depend on who really wants the divorce. As he is retired Air Force - he can also talk to the AF attorney. With all the years you added up here - she is not a real long way away from Medicare, is she? They also have a 36 month plan - like COBRA - for continued coverage for 3 years: Private Health Insurance: From time to time private insurance programs have been established to provide transition coverage for former spouses who will lose medical coverage. The most recent program was established in 1994, the CONTINUED HEALTH CARE BENEFIT PROGRAM (CHCBP). Although the program was designed primarily for those military members who are separated under one of the new incentive programs, coverage for former spouses is available. Former spouses who do not remarry are eligible to purchase coverage for up to 36 months. Information can be obtained from CHCBP at 1-800-809-6119. Free

Jerry, You sound very proud of your wife :D My husband retired as a shirt too. Hormone replacement therapy HAS been linked to breat cancer, but it is not a strong enough link to be considered a "given." Though it COULD be a possibility. There are so many different TYPES of breast cancer. If your wife's breast cancer was one of the hormone sensitive types, then the possibility would be more likely. I agree with Vike. Ask her doctor what he / she thinks. And if they think there is a strong connection, or even a "more likely than not" then see if you can get them to write an opinion. If they think it is a probability, or even a possibility - but aren't willing to write an opinion - then you might want to ask for a referral to a doctor who will. You can also find out as much as you can about the type of cancer your wife has - and do some research on it and see how much of a connection you can find to that type of cancer. But then - once again, you will want to find a doctor who will make that connection. Dr's who publish articles on the topic may be someone who can help you - or refer you. Simply finding evidence that hormone therapy CAN cause breast cancer won't be strong enough. You will need someone who is medically qualified to give an opinion that there is a strong probabilty that the hormone therapy your wife had in service is related to her breast cancer. OR there might be some other service related links you haven't considered yet. Free

Thanks jangrin. I am pretty excited about getting to go. My husband is buried a couple hours away from here (his home town) but just a little swing out of my way from Chicago. So I plan to stop by his grave and show him the VA finally did SOMETHING on the claim --even if it was only letting me see the c-file. I hope they have his veteran's marker placed by then. They said in the letter I can view it from 9 am to 10 am. I am not sure if that means I only get one hour - or I have to show up between those times. But I will show up early - and count on only getting an hour. We also have some handwritten doctor notes that I don't think were in his file until he sent them last summer. Not sure. But they have those little cliff notes of your medical records now - and when you ask for records - that is all they sent you unless you know to specifically ASK for the doctor's notes as well, or do like my husband did - go to the records place and say "What in the heck is THIS?? You have reduced an entire surgery to a few LINES of writing???" Hoping like heck I won't have to file a NOD or appeal -- but always thinking in that direction. Free

Thanks Josephine! Sounds like you were pretty sly! :D Free

Wow! That's a tough one. I know Pete says it can be a very good way to get some movement on a case. And Berta posted some very helpful info on them: http://www.hadit.com/forums/lofiversion/in...php/t10047.html QUOTING BERTA "My long point is -a Writ of Mandamus has nothing to do with merits of a claim or evidence. Writs can compel to VA to take steps that the claimant has exhausted in attempting to get a decision. (Snyder V Gober, Bates V. Nicholson.) Writs can also force VA to comply with expeditious treatment .(Vargas V Gonzales V Principi) The format at the CAVC web site must be followed in preparing a writ. You must tell the court what steps you have taken to rectify the problem. Your argument must be "compelling" Erspamer V. Derwinski Your argument must be based on establlished VA case law- (Bates V. Nicholson -forcing the RO to issue a SOC) You must have exhausted all other avenues of rectifying the situation and be able to prove to the court what steps you have taken. The writ should be short and to the point. I suggest to anyone considering this action to purchase the VBM and read carefully their info on Writs. Or go to the CAVC web site and read Writs there. 99 % of these writs fails- yet if they are preared properly they can get the RO to move. Send a copy of the writ to the RO also." And I saw a couple of examples - and they look pretty intense. I am assuming though (and I haven't checked it out) -- that once you file one - you have to be ready to go to court - in case the VA decides to fight the Writ in Court. My first instinct would be to suggest that if you want to file one - having an attorney file it might be a good idea if you can afford it. The major reason I say this is that it seems that a lot of the power of the Writ is in the VA moving on your case because of it, more than that they move because the court ordered them to - that the actual filing of the Writ is what often gets the movement. (And I am not sure I am even right on that). Since the VA has been jerking you around for such a long time - if you filed a Writ pro se (without an attorney) - the VA might be more prone to fight the Writ in Court, rather than move on your case. In that case, I would think you would have to be prepared to represent yourself in Court, or hire an attorney. And this wouldn't be about the evidence for your claim - but a legal argument to compel action. I know you have been interested in this subject for awhile. And I certainly don't want to discourage you. And I haven't researched it enough to know what I am really talking about -- so I might be way off base. I was just giving you some of my initial thoughts of what filing a Writ might entail (besides actually writing it.) I guess the attorney decision would be kind of like the IMO discussion. You would have to decide how much an attorney would be able to benefit you - and decide if it is worth the cost. (They CAN ask for attorney fees to be awarded also). My thought was just that possibly - if the Writ was filed by an attorney - the VA might be more compelled to move on your case before it was scheduled to be heard in court. But if you file it pro se - they might be more compelled to try to fight it on technicalities. Is it doable? Of course. Will it be easy? Maybe not. I don't even remember how long your claim has been stuck in VA limbo. Free

Now I KNOW I have done this -- well maybe not over and over - but started a new thread on something there was already a thread on. Sometimes the thread has shifted and changed so it is no longer about what the thread was about. So once the discussion has moved far away from what I originally posted - if I had further questions - I would start a new thread. Or sometimes I have done kind of a spin off thread. If someone else starts a thread - and I have a similar issue - I have started a thread of my own --rather than ask questions on my claim on someone else's thread. I guess I am not sure of what the protocol is on this issue. I certainly appreciate all the help I have received. And I am certainly willing to do the work on my own claim. I know I can be aggravating sometimes because I want to completely understand things - and sometimes I misinterpret things -- especially if I am missing some pieces. But I am in here trying to figure it all out. Free

Widow? Is that me? Free

My husband's claim for lung cancer was NOT based on trying to establish a seconday connection from nicotine dependence developed in service. It is based on asbestos exposure and the fact the cancer began in the service. However, as he had been a smoker - I have kept an eye on the way the Va handles the cases for smokers. Specifically how they are applying the regulation where they can't grant service connection as secondary to smoking, but can grant service connection for conditions that were caused (in whole or part) by smoking on some OTHER basis - for example in service occurance or asbestos exposure. (i.e. so they can NOT deny a claim simply because you smoked - they just can't grant SC BECAUSE ou smoked). I just looked up how they were treating the DIC claims on the issue - since they tend to treat the DIC claims a little differently on this issue -- and came across this one. I know I had read where though they can't grant SC for tobacco related conditions based on nicotene dependence developed during the service - they CAN grant SC for tobacco related conditions based on nicotene dependence that was CAUSED by ANOTHER service connected condition. In essence - if your PTSD CAUSED you to smoke (even if you started smoking AFTER the service) the resulting conditions can be granted SC. Here is a BVA decision where they are following through with that idea http://www.va.gov/vetapp07/files1/0700083.txt Accordingly, based on the entire record of evidence, and with resolution of all reasonable doubt in the appellant's favor, the Board concludes that the veteran's service-connected PTSD played a material causal role in his continued use of tobacco products after service, that his smoking played a material causal role in the development of the veteran's fatal lung cancer, and that the lung cancer would not have occurred but for the tobacco use associated with his PTSD. Therefore, the requirements of service connection for the cause of the veteran's death have been met. ORDER Service connection for the veteran's cause of death is granted, subject to the laws and regulations governing the payment of monetary benefits.

LOL I have found my education to be of limited use when dealing with the VA. They seem to have a different kind of logic that would scare even the most fearless critical thinking professor. Free

I have an appointment to see my husband's c-file this month (july 27) at the Chicago Regional Office. Yippie! At least I will be able to LOOK at his discharge physical - and hopefully request a copy of it. (We have been requesting his c-file for over a year - and sent in specific "limited requests" for his discharge physical --as some info suggests that a limited request can be expediated --but that apparently wasn't the case). I know several people have posted very positive experiences in viewing the c-file - and the VA advising them on what else they needed to send to make the case (specifically). I also read jangrin's posts about how she wasn't allowed to touch the c-file - but the VA person showed them everything they asked to see. Yikes! This one concerned me. When my husband was in the hospital - I asked to see his records - and that was the experience. The nurse sitting there saying "What do you want to know?" and then looking at it - and reading it TO me - and sometimes hesitantly letting ME read the page myself. Recently I went back to view his record - and they let me look through it myself in their presence and take notes. THAT is what I prefer. How in the heck do I know what specifically I need to see - until I have seen it? Anyway - if that is the case - I know I want to see his discharge physical, their request for the medical opinion from the doctor on the cancer (to see what they specifically asked the doctor to opine about) any records of them closing the claim. --and I will think of more). I also intend to ask for copies of a few of the documents when I am there. On one post (about getting copies of the c-file) I noticed Berta had said: " The C file comes from a request to the VARO and the medical record copy comes from a request to the FOIA or Records access officer at the VAMC that treats the veteran." So - my question is - Are his medical records going to be IN the C-file? Do I have to make a specific request to view his medical records? And --I have requested a copy of his C-file. Do I also need to request a copy of his medical records? I am thinking that if I get the info I need right now from VIEWING his c-file - and some limited copies - I might actually withdraw my request for the whole c-file, and then ask for a copy if the claim gets denied (to help with my appeal). But then again, since it takes over 6 months to get it - I better get what I can now -- since appeals have to be filed in a certain amount of time. Anyway -- If anyone would like to share their experience of viewing the c-file, or any suggestions for making the visit as productive as possible - it would sure help. I am driving a 10 hour round trip to do this. Thanks Free

Hey Thanks! THAT works!! Where the Button said SEARCH --when I put my cursor on it - a drop down would appear that said "Search hadit" --so I was clicking on the "Search hadit" srop down button, instead of the main SEARCH button. For some reason - that one takes me to a page I can't figure out. Thanks! Free

Berta, I am one of those teachers who DO like to help my students and give them whatever assistance they need. However, especially the last couple of years - students will email me with questions that are right on the assignment or syllabus. At first I just copied right off those and pasted it - and sent them the email. (I want to point out -this isn't the same as the way the VA copies and pastes. If they ask a specific question about the assignment - then I answer it. but when they just ask "When is it due?" or "How many posts are we supposed to have each week?" or something that is CLEARLY covered - I copied and pasted) But I finally started telling them - DO NOT email me with questions that are IN the syllabus assignments. When you ask a question - I EXPECT you to tell me what you ALREADY know!!! For instance, they can say "The assignment says we need to do one post per week. Does the week end on Friday? or the last class period of the week? Also - if they ran into a problem doing an assignment...they would just lay it out and expect me to solve it. So once again, if they want my help I have told them they FIRST need to tell me what THEY have done / considered to solve the problem BEFORE I offer suggestions. So - no longer can they just email me and say "I don't know what to write my paper on." Now - I expect something like "I am still having trouble coming up with a topic for my paper. I looked over the topic index in the book to try to come up with ideas, I did the brainstorming sheet you gave us - but none of the ideas I came up with seem to be anything I want to write about, and I asked a couple of classmates what they were writing their papers about. Do you have any suggestions." As predicted - if they read the assignments - and try in any way to solve their own dilema - most of their questions are already answered. (or else they ar AFRAID to ask me.) I know most teachers will usually tell the classes "there is no such thing as a stupid question." I tell my class - There ARE stupid questions. "How many pages should the five page paper be?" is a stupid question. Free

I think I am going to have to figure out the search function on had it again. I used it before - and it would give you a choice to search had it or google. But I tried to use it the other day - and I couldn't figure out how to work it. I was going to search it again today - about viewing C-files - (and I was going to ask a question about it too) - but I can't figure out how to search on it. When I click on the search had it - I get Breadcrumb Home search search hadit.com I Frame Wrapper Clone 1 There doesn't seem to be a place to type a search term. Free

I think the suicidal thougts question is one they ask everyone - reguardless of the situation - so they can act like they have addressed the issue. When my husband was in the hospital for several weeks before he died - he was FULL CODE up to the last day. He wanted EVERYTHING done to preserve his life. He still had hopes of turning all the physical problems around - and getting strong enough to fight the cancer again. He also had good reasons to believe he could. He had done it before. He had gotten stronger and better when there was "no hope." But I can't count the times they came in that room trying to get him to change his mind on the full code. And when they couldn't get him to change his mind - they pulled me aside and tried to get me to over ride his decision. By the way - THAT ticked me off. I was honoring my husband's wishes -- as THEY SHOULD have. It was HIS life - and HIS choices. Anyway -- I recently read the psych report. He said "patient denies any suicidal tendencies..." The guy had to fight over and over again to have them honor his wish to LIVE. Free

RDFI - Receiving Depository Financial Institution. Thanks. I have just pulled up info for the National Credit Union Administration. This was an off base branch of a Base credit union. But yes..they have sent me off chasing the wrong rabbits. I also had the phone company make unauthorized withdrawals from my account in April and May. The funds were never applied to my phone bill -- and I didn't authorize the withdrawals. THe credit union's answer -- turn your phone off - then they can't take funds out of your account. I tried to explain to them that shutting my phone off would do no good - as the funds were being withdrawn from the bank - without being connected to my phone number. That is when I closed the joint account the VA tried to reclaim money from. I closed it to keep the phone company from debiting my account without my permission. However - I have been fighting with the phone company for several months. It takes an hour to go through all the "let me check your phone bill." "No - we didn't take it out of your bank - because it isn't showing on your account." Maybe it is the OLD AT&T. We are the NEW AT&T --Let me transfer you.... NOOOOOOOOOOOOOOOOOOOO!! I have been through this with THEM too. Finally after an hour or more someone will get a supervisor (supposedly) who promises to investigate --and to credit my phone bill for the money they took. But that never happens. I call back to check the status --and the whole thing starts over again. They say they can't track it by bank account number - they can only track it by phone number. There has been no invetigation or even the pretense of one. I have finally started my dealings with the phone company writing this week - and also sent a complaint to the FCC. But I am just now realizing the credit union SHOULD have actually resolved this when I reported the unauthorized withdrawals. Besides closing my account - they should have reclaimed the money that was taken from my acount without authorization -- as I reported it within the time frame. Free

Maybe that is why they make you live there a year - since you don't pay property tax until the end of the year. I don't see Texas being very kind to veterans/ dependents/ survivors either. I looked at the laws and saw that if a vet is killed in action then their child can pay in state tuition IF the vat had lived in Texas for a specified time.. Geez..Yankee Doodle and all that jazz... ABout the books -- there are all kinds of ways to save money on those..especially on the early classes. 1. Many teachers don't even USE the textbooks - so find out first. 2. I have had lots of students buy their books online - and sell them back to the school at the end of the semester for more than they paid for them. 3. In this area -- the libraries have an interlibrary loan program. So for most of my classes - I would find out what books were required and go to the library and do a search on the computer --and check the book out from a different school through the interlibrary loan program (FREE). Usually the college itself has copies - but keeps them on reserve -only to be used in the library. 4. Following up on 3. There is usually VERY LITTLE difference in a textbook's 5th edition or 6th edition. The textbook company has the author do a new edition - juggle some information around within the book -- add a few pages - and then they start printing a NEW edition (which of course, means they STOP printing the OLD edition). So when the college gets low on books and tries to order 50 more copies of the 5th edition - they are told those are no longer in print. So what does the college have to do now? Stop using the 5th edition because there are not enough copies for all the students. So now the college has to order 1000 6th editions because 50 5th editions are not available. Now students have to pay a higher price for the books because there are no used books for the college to offer - and the students who used the book the semester before can no longer sell their books back at the end of the semester because the college is no longer using them. (They can try selling them back at an online site though). Anyway --there is very little difference in the editions. Unless you are taking something that is constantly updated --like computers -- you can usually get by with the older edition of the textbook -as all the info is in there -- but just maybe two chapters got combined, or a little bit of info has been added. If it is extremely important to have the added info - you can check out the book in the library - and read the four pages right there. And MANY, if not most, instructors lag behind anyway. If I have been teaching out of the 5th edition - I am not going to run out and change all my tests and assignments because of the three added pages in the 6th edition. So your son can be pretty creative in the text book area. As far as him signing a contract under 18 - I don't think you will get much protection there. If he dropped out of school and never attended again - it would be hard for the school to come after him for the money. However, they have their own protection on that (the schools). They will not give you grades, let you sign up for other semesters, release transcripts, transfer credits, etc. etc. until ALL MONEY is paid in full. I dropped out of college when I was young - went back 13 years later - and had to pay two 13 year old parking tickets before I could be readmitted. Even if I tried to apply somewhere else - they wouldn't release my transcripts until I paid off the tickets. I am lucky they didn't charge interest. But if you owe a college money - and you want to go to school - they will get their money. Free

Hey! Here is another part of the law. It says the bank had to NOTIFY me by mail of the reclamation. This is what I questioned most. How in the heck can you place a hold on MY money and not even TELL me??? (I happened to notice I didn't have as much funds available as are in the account - and had to call - and still it took awhile before anyone could tell me what was going on). The bank informed me they don't HAVE to notify people for reclamation by the GOVERNMENT. The assumption being that the account owner knew full well they owed the government money long before the government tried to snatch it. But it looks like the law says different.. § 210.12 RDFI's rights of recovery. top (a) Matters between the RDFI and its customer. This subpart does not authorize or direct an RDFI to debit or otherwise affect the account of a recipient. Nothing in this subpart shall be construed to affect the right an RDFI has under state law or the RDFI's contract with a recipient to recover any amount from the recipient's account. (B) Liability unaffected. The liability of the RDFI under this subpart is not affected by actions taken by the RDFI to recover any portion of the outstanding total from any party. § 210.13 Notice to account owners. top Provision of notice by RDFI. Upon receipt by an RDFI of a notice of reclamation, the RDFI immediately shall mail to the last known address of the account owner(s) or otherwise provide to the account owner(s) a copy of any notice required by the Service to be provided to account owners as specified in the Green Book. Proof that this notice was sent may be required by the Service.

Phil, I questioned that. And specifically questioned how they could attach my account without even so much as notifying me. From what I could find in the laws under the electronic funds transfer act - the bank has the right to notify the VA of the name and address of whomever else had access to the funds...so the VA could pursue them. But the credit union informs me that since I was on the joint account with him - ANY account I have can be attached. You might have a valid point there. In looking at the Electronic Funds Transfer Act -- it is the BANK that is liable for accepting the funds and not returning them after his death. For them to limit their liability they must: (2) Certify the date the RDFI first had actual or constructive knowledge of the death or legal incapacity of the recipient or death of the beneficiary, regardless of how and where such information was obtained; (3)(i) In cases involving the reclamation of Social Security Federal Old-Age, Survivors, and Disability Insurance benefit payments, or benefit payments certified by the Railroad Retirement Board or the Department of Veterans' Affairs, provide the name and last known address of the following person(s): (A) The recipient and any co-owner(s) of the recipient's account; (B) All other person(s) authorized to withdraw funds from the recipient's account; and © All person(s) who withdrew funds from the recipient's account after the death or legal incapacity of the recipient or death of the beneficiary. (ii) If persons are not identified for any of these subcategories, the RDFI must certify that no such information is available and why no such information is available; and (4) Fully and accurately complete all certifications on the notice of reclamation and comply with the requirements of this part. Once again -- that only authorizes them to inform the VA of how to get ahold of me - not to take the funds from MY account. And they are not REQUIRED to notify them - they only have to to limit THEIR OWN liability for accepting funds and not returning them after they had knowledge of someone's death. I need to dig out my account agreement with the credit union and see what it says - but they say they have the right to attach any account of a joint account holder. I did email the Veteran's Debt Management Center and ask them either to go ahead and withdraw the money or release their hold on it. The woman I talked to at the bank said she was forwarding my letter to her surpervisors to see if they can change their policies. However, I wonder about their policies because I requested an explanation from them in writing - and only got verbal ones. I have also learned the hard way that no one wants to go after Estate's. There is too much risk involving the Estate not having the funds to pay. So they try to collect outside of probate. Before my husband died - I assumed that upon someone's death - people filed their claim against the Estate and claims were paid from the Estate funds in the order of priority. OMG! Apparently the first thing creditors do is check out the potential for collecting from the Estate. If the Estate doesn't look like it will have enough to pay the claims -- they start immediately trying to get theirs, get thirs first, and get theirs now. I sent the credit card company a claim form - and also asked them to remove the fraudulent charges they let be placed on my husband's account for TWO MONTHS after his death because they kept refusing to close his account because they kept saying they had no proof of his death --though I kept mailing it and faxing it to them. The credit card company sent the account to a collection agency. I told them to file a claim with the Estate. They said if they did that they would have to call the attorney repeatedly until the account was paid - and run up my legal fees. They said I could only avoid them running up my legal fees by paying $4800 immediately or firing my attorney and not being represented. I sent them a letter and called them on their threat of trying to collect outside of probate by threatening to subject myself or the Estate to uneccessary legal fees - and told them they were in violation of the Fair Debt Collection Act. The debt was $6,200 when my husband died. The collection agency said it was $6,500 and tried to collect $4800. Now they say the debt was $6,800 and they want $5200 to settle. I have also heard from people that they might not even claim against the Estate. Because if they claim against the Estate and the Estate doesn't have enough funds - their claim will be dismissed (and they will have to pay their attorney if they DO collect). So often, if they have already determined the Estate may not have the funds - they won't claim against the Estate - but will try to come after the spouse / family AFTER the end of probate. Legally, they can't make the spouse pay. But they would rather bully the spouse into paying by making them think they HAVE to by telling them they are liable because they inherited the Estate - than to have their claim dismissed in Probate. They collect more money that way than they do by following the law. It is absolutely HORRID the way some people do business. All the secrets the websites on Probate don't tell you - and your attorney doesn't tell you (because then he won't get paid for straightening out all the messes that could have been avoided). Hopefully one day I can get things squared away and have some time to grieve my husband without having to feel like someone is going to take advantage of me if I let my guard down for two minutes. Free

Jangrin - If you are talking about Austin Community College - here is info from their website. Our community college only requires a 30 day residency period. It looks like a lot of states require a one year period. Texas is one of those states. The regs do state that if you reside outside the district - but pay property taxes within the district - you can get a waiver. However, they might expect you to do that for a full year also. But - if property taxes in Texas are like propery taxes here - you have already paid a years worth of propoerty taxes. They charge them by the year - not the month. So you might try appealing on that basis. It would seem like if they allow people who actually LIVE out of district to pay in district rates if they pay property taxes - they could certainly allow people who live IN district - but just not long enough to establish that they are real Texans B) to pay in district rates if they have paid an annual property tax. You could also protest to the Tax Board and ask for a refund of the property taxes you have paid this year to support the community college - B) If you can't beat them on this - you should only be charged out of state tution for the fall semester - as you would have established residency by the beginning of Spring Semester. As far as online classes - you could also see if your son would qualify for in district rates still at your OLD address - and if so - he could take online classes through THAT college for Fall Semester and then transfer over to the local college for the Spring Semester. It is odd that with our society being based on flexibility and moving - that people are in limbo at to their residency in respect to attending college - for an entire year after they move. http://www3.austincc.edu/catalog/fy99/admiss.htm Residency Requirements To be considered a Texas resident, students must legally establish residence in Texas for the 12 months preceding their enrollment. 1. An in-district student is an individual who is a resident of Texas and who resides in the ACC tax district, based on the address on file at ACC at the time of registration. 2. An out-of-district student is an individual who is a resident of Texas and who resides outside the ACC tax district, based on the address on file at ACC at the time of registration. 3. An out-of-state student is an individual who has not resided in Texas for the 12 months preceding registration, or whose permanent resident card is less than 12 months old. 4. International students should consult the International Student Office about registration requirements. Property owners and their dependents living outside the tax district, but who pay ad valorem taxes to ACC, are eligible for in-district tuition. A current property tax statement is required for verification. Property owners on most temporary visas are not eligible for this classification. The responsibility for registering under the proper residency classification is that of the student, and any question concerning this classification should be clarified prior to enrollment. Rules and regulations for determining residence status are defined under Title 3 of the Texas Education Code.