Search For Chap. 35

[Dinero]

Howdy,

I am trying to search for Chapter 35 over payments topics but get no hits. Am I doing something wrong? This is my first time on this forum. Any help is appreciated.

[Berta]

There might be nothing here on Chap 35 overpayments.

Did VA tell you in writing that they overpaid you under Chap 35?

Did you take immediate steps to try to prove they are wrong?

Can you scan and attach the letter from them on this here (cover the personal stuff)?

I am a Chapter 35er-did the letter come from the DEA VA Educational people or from the VARO? Did it include full appellate rights?

I am sure they gave you a time frame in which to respond -did you do that in time with proof of mailing your response?

The DEA people acknowledged they owe me CHap 35 $$$ but the RO I deal with tried to prevent them from paying it-long story-

So there can be problems in the communications between DEA people and the ROs.

Does your Chapter 35 come out of Buffalo VA Educational Department?

[Berta]

Did they mention that you could ask for a waiver -such as in this case:

http://www4.va.gov/vetapp09/files3/0916839.txt

If an overpayment is claimed by the VA sometimes they will waive it depending on the circumstances etc,

however action MUST be taken within the time frames and deadlines they give you to appeal the charge of overpayment.

[broncovet]

Probably the reason you cant find anything on "Ch. 35 Overpayments" is because they likely treat a "Ch. 35" overpayment the same as they do any other VA overpayment.

I think if you got, say, that $3000 emergency payment while you were only owed, say$1000, then you would likely not get any money for the next two months if you were getting $1000 per month. That is, they 'reconcile' it.

If you have gotten a letter that says you owe the VA money, and if you have a good reason, you can ask for a 'waiver' of repayment. I did this, and was granted the waiver..that means I did not have to pay the money back.

Example: Veteran is on NSC pension, then gets married. Spouse has significant income making Veteran no longer eligible for NSC pension. Vet reports marriage and mentions spouse has significant income. It takes the VA two years to make these changes, and pays the Vet the NSC pension. Finally it gets changed, and the VA says the VEteran owes an overpayment. This overpayment was the result of the VA's slowness, and not any thing the Veteran did wrong. Also, the Veteran has applied for an increase, but has not gotten an answer for 4 years. The Vets waiver could be approved, but I still think even this overpayment would be deducted from a large retro.

[fbbdab]

Probably the reason you cant find anything on "Ch. 35 Overpayments" is because they likely treat a "Ch. 35" overpayment the same as they do any other VA overpayment.

I think if you got, say, that $3000 emergency payment while you were only owed, say$1000, then you would likely not get any money for the next two months if you were getting $1000 per month. That is, they 'reconcile' it.

If you have gotten a letter that says you owe the VA money, and if you have a good reason, you can ask for a 'waiver' of repayment. I did this, and was granted the waiver..that means I did not have to pay the money back.

Example: Veteran is on NSC pension, then gets married. Spouse has significant income making Veteran no longer eligible for NSC pension. Vet reports marriage and mentions spouse has significant income. It takes the VA two years to make these changes, and pays the Vet the NSC pension. Finally it gets changed, and the VA says the VEteran owes an overpayment. This overpayment was the result of the VA's slowness, and not any thing the Veteran did wrong. Also, the Veteran has applied for an increase, but has not gotten an answer for 4 years. The Vets waiver could be approved, but I still think even this overpayment would be deducted from a large retro.

WOW, even though this original post is over a year old, this very thing is happening to me now, in reverse. I got divorced, notified the VA and they kept paying the dependent rate. When I requested a increase on a disability and notice it then I notified them again and they said I owe them. IT IS SO NOT FAIR. Their own careless, imcompetent employees made this egregious error and I, the Vet, have to pay for it. I submit a contestment and a waiver to the bill, and I'm still waiting on that, they threaten to stop my benefits for several months to make up for the overpayment. I am glad to hear you were victorious!! AIM HIGH