Why Did The Dav Send A False Letter Of Award?

[4myboys]

So 7 weeks ago the DAV sent me an "unofficial" letter stating that I had my disability increased and that I would be receiving retro payment back over 10 years. Of coarse I get excited...even though I know that it is "unofficial" but was told I would receive official in about two weeks at the most followed by payment.

Not only have I not received a single statement of what is going on from the VA, when I call my useless VSO all he says is that I am still at the rater. Now my DAV rep said I was already at finance. IRIS inquiry offered nothing.

The DAV should NOT be sending out unofficial letters until the VA has completed the rating and it has been made official!

This has drained me mentally even physically! I am so frustrated and this process is torture.

To top it off I received a letter from Debt Management for some erroneous debt that has incurred due to my change in C&P. They stated that I have received and overpayment and they will begin recouping it Sep 09. There is no debt, I haven't ever been overpaid or received anything not entitled to.

WHAT IS WRONG WITH THE VA ?????????? It is as though they have so many chain of commands, departments, processes, procedures, YET they manage to lack COMMUNICATION between them!

I currently work because I have to financially support my family. This retro pay allows me to only work part time rather than full time and will help take care of my disabilities. Currently I work in severe pain and don't take my pain meds because it will keep me from being coherent and fulfilling my job requirements. In return I am in severe pain and end up having poor job performance because of it...Anyway my point is, is that this claim changes everything for me if I have indeed been awarded retro pay and an increase in disability.

I have HADIT.....sorry had to throw that out there!

[Rockhound]

If I am wrong on this point, Please! someone correct me. If the VA makes the error in which you are overpaid, unless they can prove that you were aware of the overpayment and/or prove fraud perpitrated by you, you shouldn't have to be made to pay back the money, at least not without them going through the proper process first. That means they must give you time to appeal their action before any monies are actually taken from your award, whether it be from any accrued benefits or future benefits.

If I am correct and the VA does wrongfully take money away from you and you loose anything of value, such as a car, home etc. Then you might have a civil suit for damages, not only for the lost revinue, but for items of value lost, and/or for pain and suffering too.

I'm no Attorney, so don't take this as gossiple, but if I were you, I would certainly look into whether or not you do have an actionable case against the VA should the above occure.

If I am incorrect in my belief, I appoligize in advance.

Rockhound Rider <_<

[sharon]

try 38 CFR 1.911, 1.912, and 1.965.

[Berta]

It might help also to access some BVA decisions as there are many overpayment appeals at the BVA.

Some contain the logic of the BVA such as:

http://www.va.gov/vetapp09/files2/0915613.txt

which is unusual -has anyone ever heard of the VA's mystery caller program before?

Although BVA agreed that 800# sure gives out inaccurate info-this vet had no evidence that they in fact did get inaccurate info from the 800# rep.

This is one reason IRIS is better way to go- and ask for email or letter as their hard copy reply-they can say anything over the phone and you cant prove it.

[jbasser]

Berta, as I understand it the mystery caller program is a Quality Assurance tool to check the 1-800 number operators in the areas of customer service, information and ect.

It was enacted when the VA received bad ratings for woeful phone etiquette a few years ago.

J

[4myboys]

Ok, so here is a little more info. The VA has NO record of sending out a letter regarding a change in C&P as stated in the Debt Management letter. The debt management letter stated "The VA has recently sent you a letter telling you that your C&P has changed, due to this change you have been over paid....." When I called the 800# they said there is NO record of a letter sent to you regarding change in C&P, so where did Debt Management get that?

I did send out an IRIS for the Debt and they said they are going to have to get more info from my VARO. SO this scares me because now my file is going to be pulled, from wherever it is, and further delay my claim CORRECT?

IRIS did say that the Debt is from the Education Debt in Buffalo NY (where I was for 2 years and completed Voc Rehab with a degree in Psychology) HOWEVER, I never received anything over subsistence allowance and they paid for the degree. All of it was approved and I went to school at the full time rate. Received monthly payments, never a lump sum.

Also I need to correct claim information....since being at finance, it was yet again returned to rater. So as of right now it is supposedly at the rater. Surprising and frustrating to go from finance.....all the way back to the rater.

I appreciate all of the advice. I will get hard copy statements from IRIS as well as look into the CFR's.

What bothers me is that I shouldn't have to be appealing, NOD'ing, Filing a Waiver, etc for anything. This is their mistake!

Thanks again everyone! This board is Great!

[jbasser]

Also look up administrator error in the 38 cfr.

J