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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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nsallies

Phantom Debt

Question

The Va wanted a statement of dependants, I sent it in. They replied saying I never took my 1st wife off and have been over paying me for 8 years. I faxed the VA in Ca the divorce papers back in 2001 with a request to remove my ex. Of course this being 9 years later I dont have the proof. After faxing the next month my compensation didnt change that much so I called..they said she was removed that I just got a cost of living raise (DEC) so I didnt think about it again til I got the Debt letter. What can I do? I agreed to pay them @129 a month for like 6 years just to keep them from yanking my total check for like 7 months but can I appeal it or something? This really isnt my fault, they just didnt enter it in the system.

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You may ask for hardship that you cannot afford and it was VA fault. Since you are already in a payment agreement I don't know if they will be receptive.

Good Luck

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It certainly is your fault!!! You knew you continued to receive the money and did nothing about it. You deserve what you get!! That being said, you can ask for forgiveness but I doubt you'll get it, as you screwed up by agreeing to pay it back, w/o appealing it. I would check my c-file and see if the fax is in there. Sorry, no sympathy from me. jmo

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The Va wanted a statement of dependants, I sent it in. They replied saying I never took my 1st wife off and have been over paying me for 8 years. I faxed the VA in Ca the divorce papers back in 2001 with a request to remove my ex. Of course this being 9 years later I dont have the proof. After faxing the next month my compensation didnt change that much so I called..they said she was removed that I just got a cost of living raise (DEC) so I didnt think about it again til I got the Debt letter. What can I do? I agreed to pay them @129 a month for like 6 years just to keep them from yanking my total check for like 7 months but can I appeal it or something? This really isnt my fault, they just didnt enter it in the system.

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Good point- yes the fax might still be in your C file or even in the old PC you sent it from.

Go to the BVA web site and put overpayment into the BVA decision browser.

Some vets and widows who were overpaid by VA have successfully gotten the debt eradicated.

But they were able to prove that the overpayment occurred through no fault of theirs.

The important thing however is to appeal the overpayment decision within the time limit they gave you and study the way the BVA decides these types of situations.

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I had this happen to me when my number of dependents changed, but I hounded the hell out of the VA and made them fix it. It took those morons about 3 months to fix it and they docked me a good chunk of one month's money. Because I was prepared for it, I set aside the excess and it didn't hurt me financially when it happened. The next month arrived and everything was smooth sailing afterwards.

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Read my post again Phillip Rogers, I called back in 01 and they said she was removed, that I just got a cost of living raise and everything was good to go. So its not my fault.

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