NeedHelp91

Thanks for the feedback. I am leaving the funds in the account. As of now, they are still there... Guess we will see what happens and what I uncover Monday. I don't want to get into fishy business. It is not my intention to steal any overpayment funds or anything of that nature. I was just shocked that this "Greg" called to tell me I had received a payment of benefits and that he was calling to let me know he was "taking them back" and that I "was not entitled" to them. How could I be not entitled to them? If this "Greg" is at the pension management center..would he even have authority to determine if I was "entitled" to them or not? Since that doesn't even sound like a Regional Office... I didn't think of them taking money out of my "future" payments. Now I wonder if he meant he was taking this direct deposit of benefits back AND my future DIC.... If they normally send a letter about "overpayment," it sounds like "Greg" is breaking the rules by calling me personally and saying he is taking the benefit back...is there any way I can dispute this? At least if I had a letter from them I could dispute it in a response... with this phone call from him there is no opportunity for me to do anything. What happens to the benefits I am still owed if I am supposedly "not entitled" to this payment??? They can send a payment I am not entitled to...but can never actually send the payment I am entitled to? It just seems like a sick joke. Of course, VA always seems to take action on a Friday afternoon.......so I am left wondering all weekend...

Hello all, Thank you for your help in this matter--I truly appreciate it. I wasn't able to get on the phone with anyone today as it was so late in the day that I got the call. -I realized I had a typo in my original post. He stated that his name was Greg and that he could NOT tell me his last name. -The only RO I have ever dealt with in this whole process (since March 2006) has been the Indianapolis RO. I have never sent anything to, received anything from, or spoken with anyone from Milwaukee until I received that call this afternoon. -Thank you for listing the different things that could have happened. I answered the questions by pasting below: After your husband died, did you remarry prior to turning age 57? In that case they will want that money back. Can't be this as I have not remarried (not ever planning to) and I turned 55 this year. Was the date you first filed within one year of your husband's death? Yes, my husband died March 22, 2006. Strangely enough, I received a call from someone who claimed to be from the U.S. Navy not even a week after my husband's death telling me that I should call the VA to report that I thought my husband died as a result of his Naval service...and submitted it within a week. His death was very sudden. I thought it was crazy at the time, but I believe it with my entire being now. My husband had not received any VA medical treatment or VA benefits prior to his death. ...Therefore, I don't think I would be getting any of the "accrued" benefits you mention above. I should be entitled to DIC benefits (now and in the future), the retroactive DIC benefits for myself (and our two dependent children until they turned 18--they are over 18 now...but not for the entire time I should have been receiving DIC benefits), the burial benefits, CHAMPVA coverage, and retroactive payment from CHAMPVA for the things that would have been covered since my eligibility date of March 22, 2006. And my two children would be eligible for the DEA benefits... "My DIC was approved in Sept 2014. In July 2015, I received the Ratings Decision and original letter about benefits" something is wrong there.....if the VA approved your claim in Sept 2014 and didn't send the rating decision until July 2015.....was that because this was a BVA award? Yes, this is the case...however odd it seems. I applied in 2006 as soon as I was notified of the need to apply. It went through several cycles with the RO and BVA and being remanded to the RO and to the U.S. Supreme Court of Veterans' Appeals Oral Arguments...and then remanded one last time to the RO where the benefits were granted. I have the paper stating my DIC claim was approved in September 2014. I did not receive a copy of the Ratings Decision or any information on the DIC benefits, DEA benefits for myself and my children, and CHAMPVA benefits until July 2015. These all came together in one big envelope. some 90 day wonder at Milwalkee might have definitely gotten you mixed up with some other claimant because you seem to have had IN as your AOJ during the claims process, unless the IN RO farmed this out...Maybe. If my claim had been farmed out to Milwaukee, would I have been notified of this? I never received notification and everything thus far has been handled in Indy...so I don't understand the Milwaukee connection unless it is the Pension Management Center mentioned above...but again...never anything from them before... "The deposit was made to my account yesterday unbeknownst to me". Was it the exact same amount as the past retro check was?That could mean this is a simple error on their part but not regarding anything additional they owe you.I thought of this as well...however, today's amount differs by almost 29k so it seemed like it was something else? Unless it was calculated wrong the first time around.... Chapter 35 refunds are handled differently and would go to your daughter;s account....unless somehow they screwed that up and put that in your account. This makes sense unless the deposit yesterday ($XXX,XXX.XX) was more of the benefits they owed me PLUS the DEA retro pay for my daughter??... Again, neither I nor my daughter (my son hasn't attended college yet) have ever received an accounting detailing the benefits we have been paid and what they are attributed to...not sure how to word this, but nothing stating that "this deposit is retroactive benefits from date to date" or something like that. Just a deposit. No information about the deposit. In any event ,even if the VA overpaid you, they have to formally send you a letter to that affect and you will have opportunity to appeal their decision. That is the usual SOP...but They might be trying to recover an overpayment as fast as they can to cover someones butt. I checked my bank account now (9/25/15 @ 7:14pm CST) and the payment is still in my account as "available"...so even though this Greg told me they would take it back by end of day...it seems this didn't happen. The funds had already cleared and were "available." It was direct deposit. Even if it was an overpayment...do you think they would still send me the letter? This Greg seemed very frustrated that I was upset (because he thought I would react differently when he told me he was taking it all back???!!!)...so maybe they are trying to cover someone. However, it seems INSANE to me that they would deposit money into my account and then call to tell me they were taking the benefits back out of my account because I was not entitled to them. I have the Rating's Decision and letter from VA granting my DIC claim and have submitted everything since then for the benefits... Thanks again for the replies. Any additional advice is appreciated. Will keep you posted on what occurs over the weekend, if anything..and on Monday's conversations. Thank you! I really appreciate the phone contacts and emails. FAR BETTER than calling 1-800...

Would it be illegal for me to withdraw the funds and move them to a different account at a different bank?

Hello, Thank you so much for your help. -I did look up the number. It was 414-902-5000...and Google confirms it is Milwaukee VA number. I am unsure why I would have anything to do with Milwaukee because I live in IN. The man said his name was "Greg" but could provide his last name. -Buck, do you know of any way to look up a Regional Office phone number? The only number I have is 1-800-827-1000...and this number gets me nowhere. is there a way for me to find the Indianapolis number? I did not know this was an option. -I filed my original claim in March of 2006. My DIC was approved in Sept 2014. In July 2015, I received the Ratings Decision and original letter about benefits. I received an initial "retroactive" payment in July 2015 with no accounting of what it was for. AND the letter stated I was not paid any benefits for my and my deceased husband's dependent children. I am still owed benefits from them and still owed burial benefits. My daughter is also still owed retroactive DEA benefits (but she has a separate bank account...so it can't be related to that) -I received my first DIC monthly check in August and got the second in September. Both via direct deposit. The normal monthly $1256 or something like that...(I don't recall the exact number) -I called my bank manager and he said he couldn't see anything on the bank account to indicate they were taking it back...but that if they were "recalling" it there was nothing he could do. The deposit was made to my account yesterday unbeknownst to me. Then today I receive a call late Friday afternoon that they are taking it back. I never received a letter of any kind about them taking back or lowering benefits. As of now the funds are still "available" in the account, but since it is late Friday afternoon I can't go into the bank now and receive the funds in CASH to take to a new bank? It is a substantial amount. And I would imagine a wire transfer of funds to a new account with another bank that I would still need to open would take a bit of time...so not sure that is an option for today. Of course being a friday afternoon I do not know what else I can do...

Hello all, I am very upset and posting for ANY AND ALL ADVICE. I received a phone call moments ago from someone who could only give a first name of "Greg" at the Milwaukee VA. He stated that I had been paid benefits "but I was not entitled to these benefits." These benefits were direct deposited into my bank account and had already cleared as being "available." I was granted retroactive DIC benefits for the 10 years since my husband passed. I am also owed burial benefits. I have never received an accounting of the benefits. And I was unaware a deposit had even been made into my bank account until receiving this call. However, now, that they have made a deposit, HOW IS VA ALLOWED TO GO BACK INTO MY BANK ACCOUNT AND TAKE THEM BACK? After a quick google of the situation, even if these benefits "were in error" (which I do not believe, but let's pretend) they would have been issued 100% in VA Administrative error as I have been truthful with them from the start. And it appears from everything online in past cases that if it was 100% VA administrative error, they could NOT take these benefits back? because it would not be a valid debt.... PLEASE ANY AND ALL HELP WOULD BE MUCH APPRECIATED. I DO NOT UNDERSTAND HOW I CAN FINALLY BE GIVEN BENEFITS AND THEN THEY CAN BE TAKEN AWAY...

Good morning all! I am writing with a happy update. I haven't posted much on these forums, but I have read a lot. I originally filed a claim in March of 2006 after someone claiming to be from the Navy called me directly and told me I should contact the VA and claim that I thought my husband had died as a result of his naval service. At that time, I didn't know what I believed...and now I believe with my entire being that he died as a result of his service. After almost 10 years going back and forth with the RO, various remands, Congressional letters and inquiries from those I had contacted, and even oral arguments at the Supreme Court of Veteran's Appeals...my DIC claim was granted in September of 2014. HOORAY. However, it is now September 2015....and I am still waiting. I call constantly, waiting on hold for hours at a time. I have sent in (multiple times on multiple dates) all of the required documentation. When I applied for CHAMPVA, I was initially denied because they said they had no record of my marriage to the veteran. LIES. I asked them how could I be receiving DIC benefits as his spouse if we were not married? Finally, received my CHAMPVA membership card (after almost 3 months of fighting) in the mail this weekend. (Another big victory!) I still have not received my payment for retroactive DIC benefits for our dependent children at that time and my daughter has yet to receive any payment from her retroactive DEA benefit claim (even though they assure us, the "first payment of the retroactive payments" has been authorized.) Uh huh. I won't hold my breath. In utter frustration on Friday, I googled I HATE VA. I couldn't take it any more. Supposedly, I have been granted these benefits after fighting so long and never giving up...and now that I supposedly have them...I can't get them? Upon that, I came across a website giving out the email addresses for VA Sec and Undersecretary. I had nothing to lose so I emailed both addresses with my name, short summary of all the issues I have with VA, claim number, and phone number. This was Friday around 2pm my local time. Today, Monday, around 11am local time, I received a personal call from someone at the Indy RO. They apologized profusely for how my claim had been handled thus far and said they would personally look into everything. They said the undersecretary for VA had contacted them this morning. This woman claims she will have my case "wrapped up" by the middle of next week. I sure do hope this is true. While I do not know yet, it appears things may now be moving in the right direction...and if they don't...I suppose I can always send another email! I have seen it posted on here before. I do not know if it works for everyone. But I know now that after waiting almost 10 years...including one year after my claim was supposedly granted, this is the most response I have ever gotten from the VA. So if you are struggling as I have been, it doesn't take much time to send an email. Beats waiting hours and hours on hold at a time only to be told lies. I figure at least for me...this RO employee is being held responsible to the undersecretary and their team for my claim. VA Sec Robert A McDonald Email at -- Robert.A.McDonald@va.gov General Allison Hickey Under Secretary Veterans Benefits AdministrationEmail at Allison.Hickey@va.gov

Good Afternoon! Thank you for help so far. As I still cannot figure out how to upload documents (my screen doesn't change when I click "more reply options") I have uploaded them to a different website. Here is the website to view the pdf versions with the name blacked out. I am not sure if someone else can add them to my post? or if you could just look at them with these links and let me know what you think. The were two separate documents in the letter which I have at the links below: Back to my original question that may make more sense now... if you can look at the letter you see it shows the retroactive payment from September 2014 to April 2006. What happens with the payments I should be receiving from September 2014-now for DIC? That is almost 9 months not mentioned or addressed at all. I was reading online and am slightly confused. These would not be "accrued" benefits, correct? My husband did not receive any benefits during his lifetime from the VA. It does include the 20% payment to my lawyer. Once we reached the Supreme Court of Veteran's Appeals last year I could no longer represent myself...and could not afford the medical opinion on my own at that time. I understand this deduction. As I understand it, it is only 20% of THIS original calculated amount for myself only, correct? Would it include any retroactive payment for dependents that are not included in this initial computation? I have been on the phone with the VA and various VA entities all morning. Enough elevator music to make my head explode. After nearly 10 years, I should be used to the constant frustration of waiting, waiting, waiting. My benefits were approved in September 2014...they had all the approval signatures in April...yet they could not let me know and start the process until July? I never imagined. Few more questions about DIC benefits if anyone is able. I want to make sure I do not miss anything. -The two folks on the phone this morning claimed that as a surviving spouse I was not eligible for ebenefits. I tried calling ebenefits at the end of everything and they told me I had to call DEERS because I do not show up in the system. DEERS told me to call the VA (1-800 #) again because "only the VA can put me in the system since I am not active military." As is likely with the VA..the folks I got may not have known what they were talking about...or maybe the ebenefits is not available for DIC. I called the VA back, but was caller 36 so signed up for a call back...we'll see if it ever comes. -The letter claims they did not have my payment information. The first person I spoke with (at the 1-800-827-1000 number) said that they were able to input that information on my file. Does anyone have any experience with this? About how long it takes? He said he had no idea about a timeframe and it would depend on when it was sent to the RO and that he had received correspondence on July 8th (my same letter, maybe? though he acted like he didn't understand the letter when I asked about the nine months Sept-July payments). I told him (and you can see on the letter) that it is from the Indianapolis RO. And if the Indianapolis RO is issuing my retroactive payment...where is it being sent from? He just said that they "do not have it yet." At this point, I don't see anything further I could do with this step...am I missing anything? -Also, in my letter and when I contacted VA to ask about it today...they said they had no record. We had two children (twins) and therefore I believe I should have the additional monetary DIC benefit for dependents. They were 14 in 2006 when my husband passed. I know I submitted birth certificates when I initially filed the claim in 2006. I have the original paperwork noting dependents. I have kept copies of everything. However, they claim no record. So I got transferred to the "dependency office." They sent me a form 21-686c that I completed and faxed back with copies of my children's birth certificates. Does anyone have experience with getting retroactive DIC for dependents? Does this mean they are going to have to recalculate my entire retroactive payment? or do you think the initial amount will be paid (as stated in the letter) and that I can the back pay from having dependents will be added on later? The dependency office said they had none of this information and that they usually only added dependents for live veterans. Not for benefits like this.... -I completed and submitted the CHAMPVA paperwork today with the required evidence today via fax. Application (10-10d) and 10-7959c (because I have additional insurance through work for a couple more months.) I am not 65 and do not qualify for Medicare. -Another CHAMPVA related question. I am aware (a bit) of the retroactive DEA benefits (still reading through these with my daughter). However, I have seen different things on another forum...are there any sort of retroactive CHAMPVA benefits? or benefits from medical and medication expenses from when either I or our dependents had medical bills in the past? In 2006 when my husband passed away it was sudden (insanely enough--when someone from the Navy contacted me and told me to call and tell the VA I thought my husband had died as a result of his service and get the ball rolling). At that time we had no benefits through the VA. However, I could not afford for insurance for the three of us so we are still slowly paying down some of my son's medical expenses. He would have been eligible until age 18 from what I understand. Not sure if there is anything retroactive here or how to go about that if so. Any advice is appreciated. -I realize my husband's memorial took place in 2006, but from reading on this forum I believe I am eligible for the $2000 burial benefit now that his death is service connected. Is this correct? I am having my daughter print the paper so that we can complete that. He did not receive any death benefit or pay towards expenses from the VA before or for service-connection. It states there is no expiration...so I think I am still eligible. -Last question. And probably the one we are having the most trouble figuring out. My daughter and I need help with the retroactive DEA benefits. My son did not attend college (however now he might!). I talked to someone at the 1-800-827-1000 phone #. They sent us the original DEA application as if you are just starting school. . My daughter attended college full time August 2009 and graduated in May 2015. It was a 6 year doctor program. Of course, we are granted our claim after she graduates. However, from what I have read online (38 CFR Part 21 RIN 2900–AL44; found here: http://www.va.gov/orpm/docs/20080528_al44_survivorsanddependentseducationalassistance.pdf)we are eligible for retroactive DEA. From what I understand it is 15 months of benefits on a day by day basis. So if school started August 31, that would be 1 day of benefits. Not one month. She also had summers off. I know that DEA and DIC benefits cannot be received at the same time. It also seems to me from the above link that you can choose to defer your DEA benefits or choose your own start date. So I think that perhaps we could claim the last 45 or 44 months (still has a licensing exam to take since she graduated in May that I think would be paid as well based on the online readings) of school as her DEA benefits...and in the time before that (since she attended 6 years of college full-time) I could claim her as a dependent and receive additional retroactive DIC benefits from that time? (being a full time student under the age of 23). Any help on this is much appreciated. I apologize if this seems greedy. I just want to maximize the use of our benefits. If DEA is on a day by day basis, would it make sense for me to go back and look at every single day of enrollment to claim the 45 months...and then the time before that as DIC? Also, I read that there is not payment for spring, winter, and summer breaks. So these would not count in the 45 months, correct? Do they really go back and look at weeks of a time off school? She will have been off one week every spring for Spring Break, one day in January for MLK, etc. I know this is a really long post. Any assistance or advice anyone can provide would be helpful. Thank you for your time!

Thank you for the ebenefits information! I have tried clicking the "more reply options" and nothing new shows up to add a document. Is this because I am still a new member? I get the message that my posts must be approved when I type them. I have tried this in the chrome, the internet explorer, and the firefox. Thanks for your help!

Thank you to all for the replies and additional information about CHAMPVA. I printed, completed, and plan on mailing the application tomorrow to start the process. I am still sifting through all of the information online, but I am now eligible for CHAMPVA due to my DIC claim (originating in 2006) being granted (this year). I understand some of the education benefits (still working on reading all of this) for dependents can be retroactive. We have children (twins) that were 14 when my husband passed. They turned 24 this year so are longer eligible for the coverage as I understand it. However, I was wondering...is there any sort of retroactive CHAMPVA benefits? With his sudden passing and having really no savings at that time, I just could not afford health insurance for all of us at that time. My son has a rare form of Type 1 diabetes that requires several forms of insulin injections and close monitoring...so many dr appointments. He has insurance now through his employer...however we are still paying the bills bit by bit from back then. I just want to make sure I am not missing anything. And, if yes, any idea on what VA forms this would include or where it would be best to search for them? I tried finding this on the VA website, but did not have any luck....However, from my experience you have to fight for everything...so it wouldn't surprise me if it wasn't easy to find. Thank you again for your assistance. I appreciate it!

Hello, Thank you for responding. I have what might be a very dumb question...with the answer right in front of me. But I don't see it. How can I upload a pdf document to this post? I see a "My Media" but when I click it there is not an option to upload mine.... I see the image and link sections, but I have the documents on my computer. Not at a link that I could post. Thanks for your help. I appreciate it. I tried to search about uploading documents, but I could only find things about uploading them to the actual ebenefits website. Slightly off topic, but I have an additional question with regard to the ebenefits website if anyone has any insight to share. I tried to register for it today and it says I am not in the system. I was on the Google searching and also saw some posts in another forum that said surviving spouses do not have access to ebenefits. Is this the case? I plan on calling tomorrow after work to start the ball rolling (as it seems sometimes it can roll forever and forever...), but I thought I would ask here as well...it seems if I am able to fill out and submit my information on the ebenefits website it would be a bit faster than doing it all vial mail.

Thank you for your help!

Good evening, I have a question about CHAMPVA. After 10 years, I received notification today that my DIC claim has been granted. The notification also states I am eligible to apply for CHAMPVA. I have looked at the CHAMPVA website and see that it states "it takes approximately six weeks after we get your package until you get your CHAMPVA identification card and related materials." Uh huh. While it does only state 6 weeks...I was thinking the sooner I started the process the better. In the application section, it shows the original CHAMPVA application and one to submit if you have another insurance provider. I am not eligible for Medicare. I am currently employed and have health insurance through my job with a very high deductible. However, after 15 years my position is being dissolved due to budget cuts in September. If I apply for CHAMPVA now (while I also still have insurance through my job) will I be able to update it so that I have only CHAMPVA insurance (if that makes sense) when I no longer have coverage through my job? Or is there some benefit to waiting to start the CHAMPVA application process (when I no longer have insurance through my job) that I am missing? Does anyone have experience having CHAMPVA and another insurance provider....and then transitioning to only CHAMPVA? Any advise is much appreciated!

Hello, I received my Rating's Decision and Notice of Benefits from the VA Regional Office today (July 11th). It states the ratings decision was completed in September of 2014 and so my back pay only goes up to this date. What happens to the payments from the 9 months since they made that decision (Sept-now)? I have yet to receive any payment. Thank you for any assistance you can provide in this matter. Best, NeedHelp91