Carl the Engineer

Does a prior rating decision have precedence? I received Separation pay in 08' and paid it back according to the VA's decision letter. "To the letter" as they say. This is exactly from my Aug 17, 2009 Decision Letter, "You received separation pay form the military of $46,987.84. The law says we must recoup as many dollars of compensation benefits as was received in separation pay. We will pay full monthly benefits when we have recouped this amount." Now, today, I got a copy of the letter the VA is sending me today. This is what the letter says, "We originally recouped your separation pay in the amount of $46,987.84 starting September 1, 2008. However, after receiving information from Defense Finance Accounting Service (DFAS), you received and amount of $65,252.64 minus Federal Income Tax Withheld (FTIW) of $16,313.16 equaling $48,939.48. We are proposing to recouping the remaining amount." The difference is $1,951.64. I got 60 days to tell them why this is a bad idea. LOL. Now, I don't know what evidence they have from DFAS or how to get that. But, I will add that in December 2020, I had to show DFAS that I had paid back my sep pay to the VA, by providing them the documents from the VA saying they had recouped it all, so that I could get my full Reserve Retirement starting March 24, 2021. So, I proved to DFAS that I had met the requirements of my 09' Rating Decision with VA documents and now the VA say DFAS says I should pay back (recoup) more. Precedence, stature of limitation, waiver, pay it and shut up, anybody?, Hamslice I can get a personal hearing if I request one with 30 days. Might be fun. I like talking to the Judge. "Sir, does the VA have to follow the "within one year" for filling an appeal like us Veterans regards their decision letter from 09'?" LOL. I've spent 2K on dumber things.

Two wins and a remand, not a bad day at the VA. Looks like you eye(s) could be secondary'd to you SA now. But, which came first the chicken or the egg, when looking at a EED. Hamslice

I had high blood pressure in the service, and I think the VA may have elevated it today. Just sayin, Hamslice Boy, they sure jump to the gun when its in their favor, but if it favors you, it could be a while...

We'll, it only gets better. Today, Proposal to Reduce for Separation Pay (New), and the other two claims from the 2nd and the 3rd are gone. Called my VSO (VFW) again, and I also uploaded my separation LES, and the VA documents showing I paid my sep back. She looked and could see my uploads and said there is a new "ticket" in my file and a letter explaining some of what is going on. She told me some numbers and I wrote them down. It looks like there may be a $1951.64 discrepancy (shortage) on what I paid back in 2014, and that is what they are after, and from what I can see I have two months to send in documentation etc. The VA is using the numbers off of my LES, but there is a lot more numbers on that form that I don't think they are looking at. Could be a tax lawyer thing, but not for $1,900.00. Also, I asked her to email me the letter, and she said she would try, but that the VA may not let it through because it has my service number on it, etc., and their system will kick it out. So, just so you know, you're VSO, who works right in the same building as the VA for convenience, who uses VA computers systems, can NOT support you as much as you think. I would want my representative to be able to email me anything I want if I do not care about my privacy, remember it's MY privacy. Send me the damn letter, so I don't look like an idiot trying to make a three way conversation out of a two way. Like trying to buy a car over the phone and the dealer tells you "just a couple rust spots"!! Hamslice

Good info ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Also, you could contact your last unit and ask about your medical records and they will tell you what they did with them when you left. Supprising answers when you are in the National Guard or Reserves. I actually had some medical records (I had dates and location) that I could not find anywhere. After a couple years, I sent a request my Senator. After 2 months, they told me they could not find them. 6 months later I got a big brown envelope from a Regular Army Post (which I had never been to) which contained the records I was looking for without any correspondence or explanation. Just my records in a brown envelope. Shake the tree, You never know, Hamslice

When you say, you requested a copy, where did you request a copy from? Thanks, Hamslice

So, today it says under disabilities claimed, "Ask DFAS - Separation Pay (New) And instead of separation hardship pay request, it says, (Eligibility Determination) Under Request 1, they want me to send in my LES from the Army with my gross Separation Pay and my net Separation Pay. So, confusing to say the least. So, I called my local CVSO, answering service, gone for the week to a conference. So, I called the VFW, for the first time ever, spoke to a lady who looked my stuff up and can see where I paid it back. She also said there is something about $250.00, but she is not sure and will have her "boss" call me tomorrow. Now the funny part. I just started to receive my Military retirement pay, I had to send DFAS my records from the VA saying that they (VA) recouped my disability pay. And now the VA wants DFAS to provide my pay records, etc. If I could only take the two heads and hit them together, as my mom used to say, Hamslice I'm thinking it is an audit and either I owe the VA 250 or the VA owes me 250. But, my retro was finally release to my bank this morning. So I got that going for me.

Working for me today. Verification must have took the weekend off! LOL, Hamslice

OK, I did just get to myVA with my ID.me verification. I just updated that on Friday with Social Security with an actual facial scan with my phone and a selfie. Anyway, eBenifits has more current and better information than myVA, and is about 3 days ahead judging from my recent claim decision. Oh well, Hamslice

Self-Service Consent to Monitor You are accessing a U.S. Government (USG) Information System (IS) that is provided for USG beneficiary self-service-authorized use only. By using this IS (which includes any device attached to this IS), you consent to the following conditions: The USG routinely intercepts and monitors communications on this IS for purposes including, but not limited to, penetration testing, COMSEC monitoring, network operations and defense, personnel misconduct (PM), law enforcement (LE), and counterintelligence (CI) investigations. At any time, the USG may inspect and seize data stored on this IS. While all personal identifying information (PII) data stored on this IS is protected under the Privacy Act of 1974, all communications using this IS, and the data captured to support this IS, are not private, are subject to routine monitoring, interception, and search, and may be disclosed or used for any USG authorized purpose. This IS includes security measures (e.g., authentication and access controls) to protect USG interests--not for your personal benefit or privacy. Notwithstanding the above, using this IS does not constitute consent to PM, LE or CI investigative searching or monitoring of the content of privileged communications, or work product, related to personal representation or services by attorneys, psychotherapists, or clergy, and their assistants. Such communications and work product are private and confidential. See User Agreement for details. Contact DMDC || Accessibility/Section 508 || USA.gov || No Fear Act Notice If I use my DS login, it always comes back to this. ^^^^^^^^^^^, Hamslice

Has eBennies been down all weekend. I try and get a disclaimer that I need to click to notify me that the gubermint is looking at my computer because I am accessing a gubermint system. But that don't help when I click OK. I can get to the Blue Button etc, through MyHealthyVet, but can't get to my claim stuff. Hamslice Hoping I didn't agree to something that now blocks me. Yikes!

I am not sure how it got in my record or when, but I do remember doing it at Ft McCoy, WI. I did have to see a doctor (we all did) before we left country (Iraq), and they did ask us a bunch of questions. Not sure where that went and if it was individual or a unit thing. All I remember from that is the big tent and going in onside and out the other. The doctor would yell, "next Badger" when he wanted another Soldier to enter. Most of the questions were pretty generic and who the hell want to spend another day there, so, I'm OK, I want to go home. Wisconsin is the Badger State, LOL, Hamslice "Next Badger"

From what I understand, if like me, you already have and pay for the 10,000 policy, when you become 100% you can get that payment waived and you can also pay for an additional 20,000. I haven't dug into it yet, but will when the dust settles from my win. I'm not sure what you have to do if you don't have the 10,000 already. You may have to get it and then have it waived. Hamslice I'm sure someone on here has done this before!

It sounds to me like you need mental healthcare just as much as you need VA compensation. So, first off, seek medical assistance for your mood disorder, or whatever the doc that you see calls it. Get that help first and fast. You don't want to loose your family or they loose you. Now, second, not sure where you are at as far as VA compensation percentage or even if you have one, but there are different benefits for different levels, etc., State and Federal. But you have to start. So, if you spent 4 years in the Navy, I would suspect there are some more nuggets of information in your medical records. Anything that ails you now, however minor, back hurt, sprained ankle, etc., and that you went to sick call on or had a line of duty on, you need to claim. Get in the system, Hamslice The VA just granted my a bilateral disability I didn't even know I had because of what the exam said.

Mine is in my Medical Records and also in my C-File. POST DEPLOYMENT Health Assessment DD Form 2796 (April 2003) Hamslice Not sure if they used it or not.

Under "claim type" is says, Administrative Review Maybe I'll call my CVSO on Monday and see if she can see anything, Hamslice

I could see if it was a review to see if I had paid it back, which I did, no sweat, But, Hardship and Request, is what has me by the short hairs, Hamslice

pac, I payed all my separation pay back already. Excluding taxes. I have just been reading and the only thing I can see is that they (the VA) never notified me that I could have requested a hardship at that time in 09'., and maybe that tripped a trigger on someone? Hamslice

So, my claims closed on the 2nd, and I got 100% P&T. Yesterday and then today, I have been going on eBenifits and myVA to track my 3K retro. Today when I logged in I see I have a claim pending starting on the 3rd. Separation Pay Hardship Request. I did not make this request, but maybe the VFW did, or maybe the VA did. Don't know. I do know, I did receive Separation Pay when I exited the Military of around $63,000.00. And I do know they recouped around $47,000.00 or maybe 43K, not sure right now, after tax amount, before I received any VA compensation. I basically went from 2009 till 2014 before I received any money into my bank account. This new claim says "under review", so your guess is as good as mine. I am only 100% P&T for 2 days, lets not screw that up!, Hamslice

Vinc Lucky on you they are honoring the lumber price. That's a plus. I have a shed full of rough saw boards and some more at my neighbors saw mill as we speak. Anything you live in has to have store bought (stamped) wood, but sheds and garages can be your own wood. When I do build I will still need to buy the trusses and plywood, etc., so yeah, next year. Metal (siding and roofing) has gone up too. What I do know about raises, is when my wife gets her annual raise, her Medicare part (whichever) increase almost the same amount, so a net zero game for sure. LOL, Hamslice It's almost like they are toying with us..

2 in 2 days, can we get a 3? Congratulations, Hamslice

Just to close out this topic and a reply to GB's post is appropriate. My Barrett's, Hiatal and Gerd were denied. My paravertebral muscle spasm was denied. My shoulder was increased from 10% to 20%. My lower back was increased from 20% to 40%. However, they (VA) added radiculopathy lower extremities, both right and left at 10% each, all on there own, obviously from the C&P exam. (I don't even know what that is and will have to look it up.) Two retro deposits have hit the bank already. 3K. My EED's are what they should be. I take back most of what I said about the VA trying to deny my increased rating totals, and I do appreciate it when they add conditions present in the C&P exam and medical records. 100%, Win, Hamslice

Just to close this topic out, here is the findings, Claimed 6 conditions, Closed yesterday, One condition increased from 20% to 40%, with two 10% each for lower extremities added. One condition icreased from 10% to 20%. Four conditions denied. Increase in total rating from 90 to 100%. Hamslice Get them claims in!, you never know what will happen. Two retro deposits already this morning.

I live in the sticks in northern Wisconsin. All the hospitals and insurance's are or are part of Security Health. My parents, years ago, signed up for their Medicare advantage plans down at the Walmart who talked them into Humana and they got hosed. My wife and I changed them out to Security Health and it was like night and day. Location, location, location, Hamslice

Tricare is Humana, which is a private company, which I don't think belongs in the category of a military benefit. The Military (VA) should be paying the freight. No one can tell me if ChampVA is Humana or not? There in lies the rub, Hamslice