[Why Did The Dav Send A False Letter Of Award?]

Ok, so here is a little more info. The VA has NO record of sending out a letter regarding a change in C&P as stated in the Debt Management letter. The debt management letter stated "The VA has recently sent you a letter telling you that your C&P has changed, due to this change you have been over paid....." When I called the 800# they said there is NO record of a letter sent to you regarding change in C&P, so where did Debt Management get that?

I did send out an IRIS for the Debt and they said they are going to have to get more info from my VARO. SO this scares me because now my file is going to be pulled, from wherever it is, and further delay my claim CORRECT?

IRIS did say that the Debt is from the Education Debt in Buffalo NY (where I was for 2 years and completed Voc Rehab with a degree in Psychology) HOWEVER, I never received anything over subsistence allowance and they paid for the degree. All of it was approved and I went to school at the full time rate. Received monthly payments, never a lump sum.

Also I need to correct claim information....since being at finance, it was yet again returned to rater. So as of right now it is supposedly at the rater. Surprising and frustrating to go from finance.....all the way back to the rater.

I appreciate all of the advice. I will get hard copy statements from IRIS as well as look into the CFR's.

What bothers me is that I shouldn't have to be appealing, NOD'ing, Filing a Waiver, etc for anything. This is their mistake!

Thanks again everyone! This board is Great!

[Why Did The Dav Send A False Letter Of Award?]

if the award has not been generated and the letter was false than you can sue the DAV fort mental anguish in this case as this is a legal precedent.

Just inform them you have the right to do so unless they figure this mess out and give them a deadline.

J

Is this correct? Even though the letter states that it is unofficial? When I am lucky enough to actually speak to someone at the DAV they tell me they don't have control of anything and they are no longer allowed to approach anyone on the 4th floor (VARO). I think the DAV covers themselves by stating that the VA can change the decision at anytime.

The award certainly has not been generated. So far as I do know it is being bounced back and forth from Rater, to Authorization, back to Rater (which is where I was told it is currently). Not sure if this is correct; however, I was told that it was at finance at one point, which is the same thing as authorization (that is what someone at the 800 # said)???

Unfortunately, for the last week when I call the DAV I have to leave a message as they are always with someone else. Someone eventually calls me back and I miss the return phone call.

Mental anguish indeed ! Even when I was in the Navy I was never so stressed! The debt management letter (by the way) states it is going to recoup 18 months disability compensation. We will lose everything if I lose that!

Thanks everyone for responding....the more advice the better!

[Why Did The Dav Send A False Letter Of Award?]

Actually, Rockhound, he implies that he has TWO different SO's working this claim:

"when I call my useless VSO all he says is that I am still at the rater. Now my DAV rep said I was already at finance."

My grandma used to say "Too many cooks spoil the broth."

IRIS the VARO and ask for a simple answer. Tell these other two bozos to continue their coffee break.

First you guys are making me laugh...needed it. Second, not that you would know any different as I have yet to imply male or female, but HE is a SHE. Men aren't as eloquently spoken LOL !!! Seriously...kidding.... don't attack!

As far as my VSO and DAV; the VA automatically assigned a DAV rep to my case (or maybe way back when, I signed them over as my Power of Attorney for my original claim in 1997, don't remember) I received the award letter from them even though I had never contacted them this time around.

I started with a great VSO last November at my local VA Community Outreach clinic. When I checked in after Christmas he was gone...Another one was filling in and just as soon as he "got" what my claim was all about, he was gone too. Now, 3rd one ISN'T a charm and is getting paid to keep a nice over-sized black chair warm.

I will continue due diligence on my own claim. I'm just afraid that I truly am becoming another statistic of Veterans getting screwed over by the VA C&P process!

Thanks for anymore advice you'd like to throw my way!

[Why Did The Dav Send A False Letter Of Award?]

So 7 weeks ago the DAV sent me an "unofficial" letter stating that I had my disability increased and that I would be receiving retro payment back over 10 years. Of coarse I get excited...even though I know that it is "unofficial" but was told I would receive official in about two weeks at the most followed by payment.

Not only have I not received a single statement of what is going on from the VA, when I call my useless VSO all he says is that I am still at the rater. Now my DAV rep said I was already at finance. IRIS inquiry offered nothing.

The DAV should NOT be sending out unofficial letters until the VA has completed the rating and it has been made official!

This has drained me mentally even physically! I am so frustrated and this process is torture.

To top it off I received a letter from Debt Management for some erroneous debt that has incurred due to my change in C&P. They stated that I have received and overpayment and they will begin recouping it Sep 09. There is no debt, I haven't ever been overpaid or received anything not entitled to.

WHAT IS WRONG WITH THE VA ?????????? It is as though they have so many chain of commands, departments, processes, procedures, YET they manage to lack COMMUNICATION between them!

I currently work because I have to financially support my family. This retro pay allows me to only work part time rather than full time and will help take care of my disabilities. Currently I work in severe pain and don't take my pain meds because it will keep me from being coherent and fulfilling my job requirements. In return I am in severe pain and end up having poor job performance because of it...Anyway my point is, is that this claim changes everything for me if I have indeed been awarded retro pay and an increase in disability.

I have HADIT.....sorry had to throw that out there!

[Patience Is Not My Virtue]

Huh? change in a C & P caused a debt??????

I am anxious to learn what the actual award letter says and I sure can understand the delay- I got award letter from the BVA in early May and days later it came from the RO- and it was all screwed up-

At 80 % per your profile on the left are you still working? and if not have you formally applied for TDIU?

or did you mean 40% SC?

I assume you received a Voc Rehab monthly stipend as well as the compensation.

Could there be a mistake between Voc Rehab and the comp department?

What money did they say you received but were not entitled to?

Was there a statement as to your appellate rights in this letter?

It is nice to know you expect and award letter but I sure would be more concerned about this debt letter.

Did the letter state the amount of debt and how they arrived at this?

Hi Berta!

Ok, so your just as confused as I am :( 80% is my new rating up from 40% (entered prematurely I guess :) ).

Still working, even though pain by the end of the day is excruciating. I have been working for 2 years because I have to. It is a financial necessity to supplement our family income. Not sure how that will work out if I try to apply for TDIU. I guess they don't understand having to work from needing to work. If I get TDIU I won't have to work and would be able to avoid many physical problems that have increased from being on my feet all day.

I am hoping that this Debt letter is all a mistake. It wouldn't surprise me. I finished school when we were out in Buffalo NY for 2 years and they were always messed up....somehow something somewhere has messed something up.

The letter states "Due to a change in your C&P you were paid benefits you were not entitled to." "You owe $12,639.00 that will be recouped starting Sept 09". That's all it said regarding where this has come from.

It went on to say I can appeal the decision, request a waiver, or file for a hearing. I just don't understand how they can tell me I have to request all of this when I don't truly owe anything. The Debt Management says they don't know why they got it. VARO San Diego knows absolutely nothing, nor does VARO Buffalo....just haven't gotten a hold of the right person yet.

So now I'm waiting for this huge retro pay only to feel overwhelmed by this undue debt that came out of no where.

Hopefully I answered some of your questions and I truly appreciate your advice.

[Patience Is Not My Virtue]

Huh? change in a C & P caused a debt??????

I am anxious to learn what the actual award letter says and I sure can understand the delay- I got award letter from the BVA in early May and days later it came from the RO- and it was all screwed up-

At 80 % per your profile on the left are you still working? and if not have you formally applied for TDIU?

or did you mean 40% SC?

I assume you received a Voc Rehab monthly stipend as well as the compensation.

Could there be a mistake between Voc Rehab and the comp department?

What money did they say you received but were not entitled to?

Was there a statement as to your appellate rights in this letter?

It is nice to know you expect and award letter but I sure would be more concerned about this debt letter.

Did the letter state the amount of debt and how they arrived at this?

[Patience Is Not My Virtue]

Hi Everyone, new here to Hadit.com. I was a CTT1 in the Navy, loved it...until I got hurt!

I have viewed a few times here and there looking for some advice or those going through similar situations.

I am in the San Diego area currently awaiting my Final Award Letter from the VARO. I received my DAV letter, but not the official VA letter. The wait is torture. Apparently I have won claims back to 98 so the process is taking longer than usual. It has been returned to the Rater twice for mistakes and is hopefully back at the Authorization Team.

Best yet I received a letter out of nowhere from Debt Management stating that due to the change in my C&P I was paid money not entitled to. So confused...something else to fight. I have always been 40% with a spouse and two kids. I was approved for and completed Voc Rehab with a degree in Psychology. I have never received any other form of C&P or benefits, so I'm not sure where this came from. My claim is not final, nothing has changed??? Anyone else have this experience?

Well, that about sums it up. I am grateful for any advice or feedback from those whom have been there and done that! I appreciate all of you out there that have served our country, defended our freedom, and sacrificed life as you knew it! God Bless!