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Showing results for tags 'overpayment'.
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Not entirely sure where to post this but here goes, So I am not well versed in the dependent side of the VA, but I am very good at keeping track of my paperwork of what I have received and also sent to the VA. I currently received a full award from the BVA and am just waiting for my RO to make their judgements on everything. When I first left the service I received my initial award two months later (early Va program). My RO at the time was still Winston-Salem, I received a letter August of 2011 asking for my updated dependency status. At this time I was going through a divorce and in September when it was finalized I sent a copy of my dissolution to the Winston-Salem RO (I have copies of this). What I did not realize was that I was still being paid at the rate of having a spouse. I sat down with a VSO the other day and he asked how my wife was and while a bit stunned I simply said I haven't been married since 2011. He informed me that they have been paying me at that rate for 7 years. My question is even though I sent this dependency change, Should I have take other action? I did get on ebenefits because the gentleman said I could check it on there and she is listed under (dependents not under award) but I checked my payment history and sure enough I have been getting paid at this rate. What should my next course of action be in this matter? I don't want them to feel as though I was trying to steal from them and I also don't know what I should do. My BVA award letter even mentions multiple times during my C&P exams that my marriage had ended, this alone shows that I was not trying to hide this from them. Should I show them the extra copies that I sent to Winston-Salem? Below is one of the copies of the letter I sent to the RO in Winston-Salem.
I was approved permanent and total back in April of 2014. I didn't receive the notice until the end of July. My children were approved chapter 35 benefits which they retroactively paid to my daughter dating back to April 2014. She requested they start her benefits in August 2014 but they still paid back to April regardless of her request. Prior to that I received benefits for her since she was in college and I was at 100%. I was told she would immediately be dropped from my benefits since she would be receiving chapter 35 benefits. I also sent in a request to remove her from my benefits at the same time. The VA has taken their sweet time removing her and processing the request. I received a letter yesterday stating that an inquiry was done on my account and they discovered I was being paid for her at the same time she is receiving chapter 35. Since April of 2014 I have contacted he VA on numerous occasions to see if they had processed the request to remove her and each time was told they typically take up to 6 months. As of this month it has been 18 months since I sent in the request. My family has had several hardships since then and we rely heavily on my disability to pay our bills. My husband has a decent income but his contract is up with his job and he will be let go sometime between now and the end of the year and to boot he has injured his neck. His income mostly covers his child support and IRS payments at the moment along with money for food and medical. My income covers the bulk of our bills. In addition my daughters car (the college student) threw a rod and then the car we purchased so she could continue school was totaled last week when she hit a tree. Now she is using my car until we can afford to regroup and get her another car. Could I possibly get a waiver due to the VA not processing the request to remove my daughter and me advising them that I was being overpaid and them paying her for additional months of school despite her asking to not start her pay until August 2014? Does anyone have a sample hardship letter? Please help! I am desperate to find a solution and can't afford to lose my entire check much less a portion at the moment! TIA!
Dear fellow veterans. I have seen a couple of stories about such things going on with the VA claims and I just want to know what makes these overpayment/debt happen? I researched it online and still didn't figure out the whole detail of it. For example: does having an employment affect 100% SC disability (Not TDIU)? or If the C&P re-exam (after 2 years) proved to be better from your first C&P exam (claiming stage), and they deducted your rating from say 100% to 40%, would it mean paying for that past or changed rating also? (is that overpayment?) Also how about things that was the VA's fault? for example if the beneficiary had a PFT for asthma for first C&P exam, and it's results were normal, but due to a medical documents such as doctors report from military and official hospitalization with prescribed asthma medication, the veteran received 100% OIF/OEF asthma condition--- What do you think it would be? is it something the VA had messed up? because what if the C&P routine re-exam proved to be normal also but the beneficiary is still taking medicines without a notion that he/she is getting better? Could anyone please enlighten me on why as far as debt from VA is concerned (overpayment or so), what are the cases on which we as veterans might get LABELED as gaming it? because from what I see it looks like a double-standard? And that kind of frightened me because *what if* the VA THEORETICALLY thinks we are playing the game? Because, by God, If we have given them all they need for documents and they were certified too by the Navy hospital, would it be a case a beneficiary wins regardless of say the PFT test? Afterall,they probably won't give anybody an award in the first place if they think those documents were false i.e medical records and visits to the doctor for asthma in the military hospitals. Or I'm probably just paranoid too and stressed. Such for this case is my asthma on which I have normal PFT test when I first claimed, then they verified if I was actually using cortisteroid inhalers for my asthma giving me a 60% with matching depression overall. Then it also went to 100% once they verified that I was an OIF/OEF recipient due to the nature of my deployments. What do you guys think about this matter? Thank you for the kind reply and thank you for giving light to my question. I appreciate it very much.