Question About Possible Overpayments

[racoon1]

Hello all, new here. I was approved for 100% for prostate cancer last July, successful surgery in September. My understanding is that I would be paid at 100% for 6 months after surgery and then I would have another C&P for determining residual payments. On the back of the rating decision I got from the American Legion there is one line that says "Future exam April 2008". I am still being paid at the 100% rate. I'm certainly not complaining, I just want to make sure that the VA won't ask for the $$$ back sometime down the road. Called the 800 # to see if I had any appointments scheduled and they said no. Should I be concerned or is this typical? Thanks for all the great info on this site!

[Berta]

You are correct on the 6 months 100% and then they rate the residuals BUT-

They havent' set you for a C & P yet so-if they try to set one and then claim overpayment -whip this BVA decision out to them-

there were supposed to give this vet a 6 month C & P but didnt- so the BVA found they broke their own regs- he did get reduced from 100% as to the residuals- but the VA could not claim overpayment for the 100% they continued to send him after the 6 month C & P time elapsed:

http://www.va.gov/vetapp08/files1/0809365.txt

PS Welcome Aboard here!

[Pete53]

Welcome to Hadit.

Berta steered you right on this one. Good Luck

[carlie]

racoon,

If it were me I would just lay as low as dirt regarding the VA

as per what you have posted. Hopefully they do have your correct

address on file. I would call the automated VA number in my area

about every two weeks and check-out for any appointments VA had me

set up for in the next 30 days,

be sure to call the automated number - I wouldn't even want to speak

with any VA employee at this time to check on upcoming appointments.

I would not file any new claims at this time.

And I would for sure be moving any of the 100% temporary compensation money,

if has been direct deposited, from my VA direct deposit account, into a different account number of mine --that VA doesn't have any authority to remove funds from.

Last but still important I would be saving up some of the money for what

my future needs might be or paying off the most important debts I had.

I would for sure stay on the down-low with the VA.

Some may disagree and I might get flamed on this, but..... oh well.

jmho,

carlie

[rentalguy1]

save as much of it as you can, because the will ask for it back as an overpayment. You can probably beat them with the BVA case, but nothing is guaranteed. BVA cases are not precedent. Good luck.

[carlie]

racoon,

If VA were to request repayment of the funds - then the claimant

requests a waiver. VA sent the money by their rules, it is up to VA to

re-evaluate when ever they decide to. They haven't decided to

re-evaluate you yet. Once you get notified of an examination for a

re-evaluation, then things may change.

Waiver's for overpayment are very often granted in a situation as

you have posted. Remember, you can't get blood out of a rock, if you

don't have it - you can't pay it back.

It's an example we don't get to see often -- the VA Backlog in reverse !

It is not the claimant's responsibility to call VA up and say,

Hey there Mr. VA, My rating decision said you would re-examine me in April

of 2008, and I just want to ensure you hurry up and get me in there,

I just feel soooo bad receiving this temporary 100% pay.

jmho,

carlie

[carlie]

racoon,

For some research you can study Chapter 9, Section C at the bottom that I have enlarged and made bold

Hope this helps a vet.

carlie

http://www.warms.vba.va.gov/M21_1MR.html

Chapter 9 - Authorizing Awards for Incompetency and Fiduciary Cases

Table of Contents - Table of Contents, Last Updated 07/26/07

Section A - General Information on Incompetency and Fiduciary Cases, Last Updated 07/26/07

Section B - Authorizing Awards for Incompentency Cases, Last Updated 07/26/07

Section C - Authorizing Awards for Fiduciary cases, Last Updated 07/26/07

Changes

03/07/06 05/11/06 06/06/06 08/14/06 11/21/06 01/12/07

04/10/07 04/12/07 05/14/07 07/26/07

Back to Top

SubptVI - Special Authorization Issues

Chapter 1 - Central Office Guidance, Equitable Relief, and Other Requests

Table of Contents - Table of Contents, Last Updated 08/14/06

Section A - Compensation and Pension (C&P) Service Guidance, Last Updated 08/14/06

Section B - Equitable Relief and Other Request, Last Updated 08/14/06

Chapter 2 - Processing Awards Involving Indebtedness

Table of Contents - Table of Contents, Last Updated 08/14/06

Section A - Simultaneous Award Adjustments, Last Updated 08/14/06

Section B - Fiscal Authorization (FISA), Last Updated 08/14/06

Section C - Debt Collection, Last Updated 08/14/06

Edited August 19, 2008 by carlie