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Showing results for tags 'waiver'.
If the Board remands an appeal because an SOC was never issued under a Legacy claim, can a Veteran waive the SOC if the Veteran chooses to do so?
I have four appeals at the BVA level that were certified by my RO and none of the appeals have docket numbers yet. I understand about waiver of initial consideration for additional evidence. My questions are these: 1. How do I know what evidence the BVA currently has? Could be that lots of evidence I have is not at the BVA level and want to ensure they have EVERYTHING. 2. Will a waiver of initial consideration automatically apply to all evidence, past, present, and future? That is, does a waiver of initial consideration, prevent any of my appeals from being sent back to the RO, assuming the BVA has all they evidence for my claims/appeals. I'm done dealing with the RO and want to avoid any remands as my claim challenges have been ongoing for 29 years now! Thank you very much in advance... James
colokid posted a question in VA Disability Compensation Benefits Claims Research ForumHi, I started receiving death pension benefits through the VA in 2009. March of 2014 the VA terminated said benefits. i neglected to respond to their notices of an alleged overpayment in the allotted time frame. However i did in fact follow through with a notice of disagreement, request for hearing and a waiver request. The waiver request was eventually granted at which time i reapplied for the death pension which has since been reinstated. During the 10 months that it took to resolve this i was financially eligible to receive the pension. The VA agreed and sent payment for those 10 months, however it was at a reduced rate. As are the monthly payments I now receive. VA sent a letter stating that by law they were required to collect the overpayment... My questions.. Is that not what a waiver is granted for, to waive the repayment? And before withholding any part of the reinstated pension should i have not been considered for the hearing i requested? Or the NOD i submitted to argue the amount the VA claims I was over paid.? Thanks for you help. Debra.
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!