tdiu Overpayment Of $6k

[vaf]

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!

[bobbyq]

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.

[Berta]

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 September 22, 2007 by Berta

[vaf]

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!

[Pete53]

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.

[Philip Rogers]

It's about $140, which is a lot less than $6k and well worth it. jmo

pr

[Berta]

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