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Overpayment Of $6k


vaf

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Terry Higgins said back on July 18, 2006

"Dear veterans & Friends

I had a VA overpayment of over thousand dollars. I went to the VBM and photo copy the letter with the regulatons that say if an overpayment occures by the VA and its not the vets fault. The VA eats it. I did not have to pay.

Terry Higgins."

Does anyone in haditland who owns a VBM have a copy of the regulation Terry was talking about? I can sure use it if it's still in effect. I'm helping a veteran who the VA is going after for about $6,000 due to his being compensated for his child while the child was receiving Chapter 35 benefits. I'll be going through the file trying to find evidence that they told him this would happen, but he said they never did, either in writing or over the phone. He's got some memory problems too that are service connected to an organic mental problem that's been rated. You can do the math to see how long that was going on before they caught their error. The veteran just quit his job due to service connected upper and lower spine disabilities and filed for SS disability, and he's not TDIU. We sent in a request to forgive the debt for him, certified mail, but it would be better if he had a reg to depend on. Thanks!

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The VA overpaid me $1100.00 after my husband died. Even though I told them in a timely manner, they still kept over paying me. I finally got them to stop over paying me but no amount of bargaining, pleading or reasoning could convince them to forgive the debt. But at least they offered to set up some type of payment plan.

The reason they gave me for turning down my request for waiver was that I finantually befinited from this over payment & the overpaynment did not meet intended purpose once my husband was dead.

Liz

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  • HadIt.com Elder

Although many Veterans don't think that the VA does not tell them in fact the VA informs you that a change in status must be reported. Ok that said if the repayment will create a hardship the VA is usually pretty lenient about waivers and forgiveness.

As far as Terry Higgins claim I do not know if he is correct.

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The VBM devotes quite a bit of Chapter 9 in the 2007 issue to this.

One thing for sure-the collection of the debt can be 'stayed' meaning no offset to further comp etc- if the vet files- within 30 days of receipt of the overpayment- a request that disputes the debt in SOME but not all cases.

They cite Narron V West 13 Vet app 1999 and also 38 USC 5302 as well as 38 CFR 1.962 and considerable more citations of VA case law in this regard.

NVLSP said I could post and quote some of their stuff but I am not allowed to post everything they have here in the VBM on debts like this-

Is there any way you can buy or borrow a copy of the VBM? Any VBM issue would do as these regs dont appear to have changed much at all.

Did this involve a letter from VA that stated THEY erred?

If so see M21-1MR Part III Subpart v 1.1.36 (a) March 2006.

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The veteran has copies of the student verification forms he sent in for his dependent, including the one covering her last semester before she graduated. The VA received them. The same VARO notified him of the 100% disability rating. He told them in those forms when the dependent would graduate, which she did this past summer. He's not understanding what he was supposed to tell them that he hadn't already told them. It looks like he was doing his best to let them know when she was going to finish school and not be a dependent anymore. His comp has been correct since June this year, and he understood why it went down. The whole thing's a mess, I'm trying to figure out what he can say to them that might help them agree to forgive this.

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If I were this vet I would buy the new VBM - as an investment-it could make all the difference here-

or maybe someone here with a copy could scan and email you some of it---from Chapter 9----

I can't post page after page here in a public forum and regret dont have time to do this in email.

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Where is the best place to buy the VBM, are the prices pretty much the same wherever you go? I've been kicking around getting it to take the test the VA now gives to non-VSO representatives. I guess now would be as good a time as any.

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Where is the best place to buy the VBM, are the prices pretty much the same wherever you go? I've been kicking around getting it to take the test the VA now gives to non-VSO representatives. I guess now would be as good a time as any.

The VBM can be found on a disc, go to a service officer in your area and if he is in a good mood he can copy the disc for you. They are expensive, but well worth it. Maybe the can copy the part 9 you need.

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My Service Officers only have the VBM because I donated it to them-

Many Reps do not have it at all-

your SO or rep might have it-might not-

It can be purchased via http://www.nvlsp.org/

It is the definitive word on VA legalise and prepared by Pro Bono attorneys at NVLSP-and dedicated to all the advocates -like so many here- who willing spend their own time and often their own dime to help through the electronic community and other ways - to help vets get their proper VA comp.

I have purchased the VBM since 1991.

Although much of the info in new issues is the same as in the last issue, the new information is always well worth the price-

This is normal procedure for all lawyers -to add the legal supplements to new editions of case law.

Edited by Berta
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VAF enable your private message function,. and send me a email letting me know you did.

betrayed @ betrayedveteran. com

when you do take the spaces out of my email address above,

Thank you, as soon as I figure out how to do that!

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  • HadIt.com Elder

Vaf this is what betrayed was asking you to do to email him.

betrayed@betrayedveteran.com

Its very pricy unless you intend to help a lot of Veterans. I am sure that it is worth it if you want to help other Veterans.

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one other thing- if you pop in 'overpayment' in the search feature at the BVA web site-that might help a lot too.

A lot depends on whether the VA made the error that caused this or whether the veteran should have know there was an overpayment but did not attempt to correct it.

or if you print out M21-1MR Part III Subpart v- and the regs- 38 CFR 1.911 -you might not need the expense of the VBM-

In 38 CFR 1.911 check that the last updates of 2006 and 2007 are in the reg.

This vet fought it-

"ORDER

Waiver of recovery of the $14,818 overpayment of improved

pension benefits is granted."

from :http://www.va.gov/vetapp98/files4/9832003.txt

This vet didnt make out so good:

http://www.va.gov/vetapp01/files03/0126796.txt

I hope the vet took the timely steps as soon as he got this overpayment notice.

This widow owes the VA $55.660 and this was a factor in denying her a waiver of this large debt.

http://www.va.gov/vetapp99/files2/9912017.txt

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Berta, they didn't say they made an error in the collection notice, but I'll take a look at M21-1 anyway. They just listed the year involved, the amount the veteran received vs. the amount he should have received, per month, the years this occurred, and then said they proposed to recoup the difference. Then they discussed the amount of time the veteran had until this took place to request a hearing, etc. But the VA never admitted an error. According to all the paperwork I've seen, the veteran was timely in submitting the student verification paperwork and truthful as to when the child was scheduled to graduate, so there were no surprises -- except for the veteran!

I looked at the veteran's award letter 100% P&T (the letter came from the AMC, not the VARO as I mistakenly said earlier), and the letter didn't say anything about possible overpayment and resulting indebtedness to the VA over dependent payments, the pamphlet the VA sent didn't say it (that I could find under DEA), so I'm still looking for something in writing that would have told him this was the case.

The letter arrived Thursday, we sent in a certified letter asking to waive the debt on Friday. The veteran can't handle a four hour road trip to the VARO for a hearing due to service connected spinal problems, upper and lower, which is why he had to quit the job he had for seven years, which also happened last week.

No VSO in this case. Our local one is a roadie...

Edited by vaf
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Send them a letter. Tell them their claim has been denied due to lack of evidence. Then explain to them they can file a notice of disagreement hahahahahaha

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You know, the thought occurred to me. That, and also to consider it as the interest on the money they held on to for so long before making the veteran 100% P & T, increasing his rating to where it should have been in the first place, and paying him. I know all of us are weary of issuing interest-free loans to the government, aren't we?

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Ricky,

TOO FUNNY!! Thanks so much for the joke - catching up on my hadit reading, while informative, is ofen frustrating and depressing.

Thanks!! :-)

TS

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