The Va Taketh Away Faster Than They Giveth...

[free_spirit_etc]

A couple of months ago I looked up the regs -- and it said that the Va payment for the month of death is a right of the widow.

I got the VA letter - and it said to call the tool-free number - so I did.

I was told that I had to send in a statement of claim asking to be allowed to keep the February payment -and that it NOT be reclaimed.

I have since closed my joint bank account with my husband. (AT&T was taking money out, but was not authorized to do so - and was not even applying it to our phone bill - so who knows who authorized them to take it out -or where it was going -- I just closed the account - and still have to sort things out with AT&T -which is hard because the fact they are taking money out of OUR bank account is NOT recorded to OUR phone bill - so I haven't found anyone to trace it yet).

Anyway - I Have a personal account with the same bank - which I opened after my husband's death.

Today I called to ask why my avaliable amount is reduced by $225..

The VA has a hold on it. Since our joint account is no longer open - the VA is reclaiming the payment for the month of death from MY account.

Geez!!

It is amazing how fast they can do THAT!!

Too bad they can't pay that fast....

And they wasted MY time and THEIR time - sending me letters telling me to call - and answering my call - and telling me what to do to keep the funds --if they were going to take them back and make me send in another claim to add to their backlog to get the $225 back.

I will have to say it is NOT just the VA --

I have gotten the run-around from Social Security (who - since my son is disabled (autism) --and on SSI - reduced his SSI benefits by 1/3 because he was living with us and receiving support from my husband -- but when he applied for SSD on my husband's record denied him -- because he was not living with my husband or receving support from him (????) The same dang office -- and one cuts his benefits because of my husband's support and one denied him benefits because my husband wasn't supporting him..., the mortgage company, the credit card company who took two months to close my husband's account while fraudulent charges were being added to his card, --well -- pretty much everyone...

Again, it is the no acountability issue -- a world full of toll free numbers in which no one is responsible for what they tell you - so they just tell you anything.

I am tired........

Free

[Berta]

I just checked the link and it opened right up- they seem very knowledgable -a good site.

[Chuck75]

Even so, a bank may very well pay a claim from the VA or the government out of any account in your name. (Legal or not), even if there is no direct deposit from the government to that account. If they do, you will need to fight to get the money back. The moral of the story is DO NOT authorize a direct deposit, insist upon a check from the VA, SSA, or the IRS.

Hopefully your two accounts are at different banks. Because the account they are sucking it out of is MINE --the account it was deposited in was OURS -- and that account is closed.

FREE

Edited May 25, 2007 by Chuck75

[free_spirit_etc]

Most of the government programs don't want to send checks anymore. My son gets his SSI payment by check, but he gets all kinds of info from them wanting him to sign up for direct deposit..or now they even are promoting a debit card type thing to put your payment on.

I was still surprised they could take something that was deposited to my husband in OUR account out of MY account.

Free

Even so, a bank may very well pay a claim from the VA or the government out of any account in your name. (Legal or not), even if there is no direct deposit from the government to that account. If they do, you will need to fight to get the money back. The moral of the story is DO NOT authorize a direct deposit, insist upon a check from the VA, SSA, or the IRS.

[free_spirit_etc]

Yes. I opened for me this time too! VERY nice site - with some good down to earth information..on LOTS of things.I pulled up the PDF version and saved a copy.

Actually - According to this site - I DID PART what they tell you to do.

" Rather than filing VA Form 21-534, Application for Death Pension, recommend the VSO send VA Form 21-4138 to VA, signed by the surviving spouse, stating, "Since my income disallows me Death Pension, this is a claim for my spouse's check for the month of death. I have not returned the check."

That was the Statement in Support of Claim the lady at the VA had me send in. I sent that in a couple of months ago. But I didn't say anything about the Death Pension - because I didn't know to say it at that time.

I don't quite understand this part:

" If a TINQ (Treasury Inquiry) shows that the veteran's check or direct deposit was returned, a letter will be sent stating, "Since you are entitled to the veterans payment for the month of death, you are not required to return the check or direct deposit."

It seems to contradict itself.

But I guess since I am filing for DIC - I will get the $225 back IF I get approved. If I get the $225 -- they will deduct that from the initial DIC.

But here is another question that just occured to me. Moving BEYOND the $225. If they approve my husband's claim for SC for his lung cancer -- then his payment the last month will be much MORE than $225 - it would be 100%.

But the February payment would NOT be an accrued benefit, for the same reason that the $225 was taken back -- because he wasn't alive on the LAST DAY of February...so he wouldn't have an accrued benefit for that month. So would that mean his accrued benefits would run through January -- but that I would also be entitled to the whole amount for 100% that he WOULD have been paid in February had his SC been granted while he was alive? (less the $225 IF they ever give it back?)

I just wondered - because that just occured to me.

I dug deep enough down in the pile of stuff - and found my DIC claim. It is mostly filled out. So I guess I will get that sent off and start the clock ticking.

I haven't picked a Service Organization yet. I know the one my husband had wasn't really helpful at all. I see the forms they had him fill out. Like on his Appeal Forms -- they just had him LIST the conditions he was appealing and sign it. I mean one word things; Right shoulder, left knee... etc. Just the words. I asked him why he just did that - because from what I read - the VA could throw that out as NOT a perfected appeal. He told me the Vet Rep filled it out and just had him sign it.

I called another organization in a different county when I was helping my ex-father-in-law with trying to increase his pension for housebound (95 years old) -but the guy never returned my calls. Then he told my ex-husband that my ex-FIL would have to go to a doctor FIRST -- and THEN file a claim. I thought he should file his claim FIRST and get the clock ticking. At 95 - who knows how long it will tick.

I dropped the ball on helping him - because my husband got sick -- but they still haven't even claimed medical expenses. The guy is getting $38 a month Vet Pension - and not claiming his Medicare Premiums.

I talked to some people locally at on organization here that seemed pretty helpful. I might go talk to them again.

Does anyone know of a good Vet Rep in the St. Louis Metro East area (Illinois).

Free

I just checked the link and it opened right up- they seem very knowledgable -a good site.

[Berta]

Free- the VA itself provides an excellent list of all of the VSO orgs who represent veterans:

http://www1.va.gov/vso/index.cfm?template=view

I am pretty sure you can search by state too-

I think you are correct on the last payment-if it is determined to be accrued.

Accrued benefits are those benefits for which a claim was pending when the veteran died.

the pending claim goes into the spouses name as the spouse is re-opening it when they and has to be supported by medical evidence

just like the DIC claim.

In most cases the veteran was in receipt of comp for the accrued period and whatever the vet got is deducted from what they send the widow or widower as accrued.

But then again- I think by sending in that form they should make a determination whether or not you have applied for DIC or pension yet-for the last comp check.

I dont see how that would even involve the DIC claim.

A good service officer can help you with this.

I am beginning to wonder if VA ever sent me Rods last check after they whipped it out of the bank account.

[free_spirit_etc]

Berta,

Thanks for the link. I probably need to check a few of them out -- because I know they are not all as helpful or useful.

One thing I was wondering was whether to send in any additional evidence with my DIC claim. But if the decision has to be decided on the file at the time of death (for accrued benefits) should I just let them make the decision -- and if it is favorable -- then I get DIC and accrued. If it is not favorable --then I can send in additonal evidence for DIC.

Also - can the BVA remand for Acrrued benefits. Once again, if the BVA asks for additional development --then it wouldn't be things in the file at the time of death.

I was just wondering -- as if I send additional evidence - and the decision is favorable - how do they sort out how much of the decision was made based on what was in the file - and how much of the decision was made on what was added.

The claim for inservice occurance (started in the military) is complete. I have nothing more to send.

However, for the claim for secondary as related to asbestos exposure - I still have some info to send. Most of this info is about the asbestos management programs in the Air Force -- and the Asbestos Survey from his last Air Force base that he worked as an electrician (which shows the extent of the asbestos problem on the base - and the buildings that were effected --(which happen to match up with some of the documents he already sent of the buildings where he alleged he was exposed to asbestos. For instance they already HAVE his statement that he was exposed to asbestos putting in wiring for computers -- AND a copy of the work order that showed he put in wiring for computers in a certain building. NOW we have the Asbestos Survey that shows that asbestos was actually IN that building - and where it was located.)

That was also why I asked about what Service Records consist of. If the records at the time of death include Service Records that were NOT in his file, but later obtained -- then would those count? (Records from the Base which show when their asbestos management program began, and where asbestos was located on the base.)

Though I know it will take much longer - I thought my best bet would be to let them make their first decision on DIC / Accrued without sending in additional evidence. That way if it was approved - there wouldn't be a question as to whether it was approved based on the info in the file at the time of death.

Even if the RO denied it - I thought I should appeal to the BVA -- but again appeal based on the record on file...and let them work it through their system.

Then , if it kept being denied -- I would need to send in additional evidence and get an IMO to support the claim.

But right now - I would be hestitant to get an IMO - (and lose the case on accrued benefits) until I saw if the file, as is, is strong enough to stand on it's own with the VA.

Free

Free- the VA itself provides an excellent list of all of the VSO orgs who represent veterans:

http://www1.va.gov/vso/index.cfm?template=view

I am pretty sure you can search by state too-

I think you are correct on the last payment-if it is determined to be accrued.

Accrued benefits are those benefits for which a claim was pending when the veteran died.

the pending claim goes into the spouses name as the spouse is re-opening it when they and has to be supported by medical evidence

just like the DIC claim.

In most cases the veteran was in receipt of comp for the accrued period and whatever the vet got is deducted from what they send the widow or widower as accrued.

But then again- I think by sending in that form they should make a determination whether or not you have applied for DIC or pension yet-for the last comp check.

I dont see how that would even involve the DIC claim.

A good service officer can help you with this.

I am beginning to wonder if VA ever sent me Rods last check after they whipped it out of the bank account.