tdiu Overpayments/debt From Va And Pft Asthma Test.

[jayodizzle]

Dear fellow veterans.

I have seen a couple of stories about such things going on with the VA claims and I just want to know what makes these overpayment/debt happen? I researched it online and still didn't figure out the whole detail of it.

For example: does having an employment affect 100% SC disability (Not TDIU)? or If the C&P re-exam (after 2 years) proved to be better from your first C&P exam (claiming stage), and they deducted your rating from say 100% to 40%, would it mean paying for that past or changed rating also? (is that overpayment?)

Also how about things that was the VA's fault? for example if the beneficiary had a PFT for asthma for first C&P exam, and it's results were normal, but due to a medical documents such as doctors report from military and official hospitalization with prescribed asthma medication, the veteran received 100% OIF/OEF asthma condition--- What do you think it would be? is it something the VA had messed up? because what if the C&P routine re-exam proved to be normal also but the beneficiary is still taking medicines without a notion that he/she is getting better?

Could anyone please enlighten me on why as far as debt from VA is concerned (overpayment or so), what are the cases on which we as veterans might get LABELED as gaming it? because from what I see it looks like a double-standard?

And that kind of frightened me because *what if* the VA THEORETICALLY thinks we are playing the game? Because, by God, If we have given them all they need for documents and they were certified too by the Navy hospital, would it be a case a beneficiary wins regardless of say the PFT test?

Afterall,they probably won't give anybody an award in the first place if they think those documents were false i.e medical records and visits to the doctor for asthma in the military hospitals. Or I'm probably just paranoid too and stressed.

Such for this case is my asthma on which I have normal PFT test when I first claimed, then they verified if I was actually using cortisteroid inhalers for my asthma giving me a 60% with matching depression overall. Then it also went to 100% once they verified that I was an OIF/OEF recipient due to the nature of my deployments.

What do you guys think about this matter?

Thank you for the kind reply and thank you for giving light to my question. I appreciate it very much.

[Philip Rogers]

Overpayments generally happen when a claimant is reduced or is notified of a proposed reduction and the VA fails to follow thru with the paperwork. If they find you are better or have improved they don't go after what they've already paid you unless you've committed some kind of fraud. It usually happens when someone gets awarded TDIU and decides to work also.

If the VA made the error you can usually get them to waive the recovery, by showing it was their error and that paying it back would cause you an undue hardship.

If most of the claimant's disabilities are physical, w/a 100% rating, s/he can continue to work.

I believe the VA considers that all of us claimants lie and cheat, which is why they need so much documentation/proof. In a way I can understand it, as many are know to exaggerate their service and conditions. While on the other hand they believe all employees state only the truth, at least until they're caught.

jmo

pr

[jayodizzle]

Yes, that's exactly what boggles my mind really. How they perceive us and what they should perceive us is contradictory to what they really want from us (quotas). That's why I was thinking are they really biased based on their assumptions that all veterans lie and cheat?

I read online that we veterans have the "benefit of the doubt" regulation for our claims on which it provides the scale to tip to us claimant's favor.

How true is that extent if we are actually being screened by proctors/examiners/doctors/raters whom should give us a benefit of the doubt as far as our claim support evidence is concerned?

For example: Patient A gave them a proof she have asthma from service certified by the military hospital, but the asthma was "rated" later on for C&P a re-exam as null due to PFT test being normal. Could the evidence she gave be enough stand point on which should prove SHE HAD ASTHMA? then should she be rated with an award without reduction?

[Philip Rogers]

If I recall correctly the benefit of doubt rule is very specific(you may want to read it over again, a couple of times) and many claimants think it means "always." As for asthma, doesn't some of it resolve w/age, in that some young people grow out of it?? Could it be that the claimant had it in the service and it has resolved itself now and the PFT was normal. The claimant may still be service connected for asthma but the rating could be reduced, based on a normal PFT. jmo

pr

[jayodizzle]

ah I see. thanks for the info mr. philip. It was enlightening.

If they reduce rates such as that... how does overpayment happen then? or what are the reason some veterans have overpayment that they have to pay back to the VA once they get a reduction? other than fraud or Social Security compensation not being declared?

Once again. Thank you.