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!

[racoon1]

Thanks for all the replies suggestions. I was planning on just laying low and putting it in savings for now. I did call the 800 number to find out if I had any appointments scheduled. I didn't say anything to make them wonder why I wanted to know.

My feeling is that as long as they have me rated 100%, even if that is in error, because they haven't scheduled me for a C&P to change my rating, they shouldn't be able to take back the $$.

[Ricky]

Thanks for all the replies suggestions. I was planning on just laying low and putting it in savings for now. I did call the 800 number to find out if I had any appointments scheduled. I didn't say anything to make them wonder why I wanted to know.

My feeling is that as long as they have me rated 100%, even if that is in error, because they haven't scheduled me for a C&P to change my rating, they shouldn't be able to take back the $$.

This is a very sticky situation and you need to be careful. Based upon you "knowledge" of the overpayment and actions taken to continue the overpayment you may just be surprised at the end of the road.

Although there is no requirement for a veteran to remind the VA to schedule a follow-on exam.............I would just be careful for if they could prove things such as this post then fraud could be a possibility.

[Ron II]

Sorry, but I can't be as subtle as Ricky.

Just my thoughts, but there is a legal and moral issue here. Receiving and keeping funds for which one is not entitled is wrong, even if it came from the blankity-blank VA. Yes, the VA is responsible for follow-up reviews, etc. (and the vet in this case has not officially received a lower rating), but a veteran IS morally responsible for alerting the VA for any overpayments if he/she is aware of it.

What is right is right and what is wrong is just plain wrong regardless of how one reconciles it in their own mind.

As I said, just my thoughts, albeit possibly unpopular ones.

Ron

[MRRRR5]

Sorry, but I can't be as subtle as Ricky.

Just my thoughts, but there is a legal and moral issue here. Receiving and keeping funds for which one is not entitled is wrong, even if it came from the blankity-blank VA. Yes, the VA is responsible for follow-up reviews, etc. (and the vet in this case has not officially received a lower rating), but a veteran IS morally responsible for alerting the VA for any overpayments if he/she is aware of it.

What is right is right and what is wrong is just plain wrong regardless of how one reconciles it in their own mind.

As I said, just my thoughts, albeit possibly unpopular ones.

Ron

In my opinion, I would not call it an "overpayment" if I have not received "anything" from the VA that reduced my rating. :D

However, I would move the funds to another account and put it in savings and wait until I get something official in writing from the VA reference the C&P.

[purple]

...and I never thought the VA would take back my severance pay that the USAF paid me either; but a few years later they did...and I'll be paying it back the rest of my life...literally.

be very careful....when the VA wants $$$ from you; they get it.

[Ricky]

...and I never thought the VA would take back my severance pay that the USAF paid me either; but a few years later they did...and I'll be paying it back the rest of my life...literally.

be very careful....when the VA wants $$$ from you; they get it.

Purple has a very good point - if they want they get! There is another post that just surfaced a few days back reference overpayment. In that post the vet had notified VA on several occassions in an attempt to correct the overpayment. In that situation I feel the vet will be successful in have the overpayment waived.