Need Some Advice Please

[jessie0054]

I hope someone on the board can help me here.

My Older Brother served in the Army during the Vietnam war, But spent most all his time in Germany.

He receives a disabitity check each month in the amount of $800.Plus. I do not know the exact amount. My monther has ask me if i can look into seeing if he can get an increase in the disability.

Problem is he doesn't even know what he is getting a disability check for. His mental conditions have increased over the last several years and he is no longer able to live alone or take care of himself, He now lives with my 83 year old mother. He is 58 years old. His wife took care of him up until her death 2 years ago.

My older sister seems to think he draws the disability for a back problem. I ask my brother if he injured his back in the service, He said " No, I don't think so" When ask why he get a check, He doesn't know.

He has had surgery twice in the last few years on the cervical spine, The last was 2 months ago. He had Colon Cancer about 10 years ago . and it looks as though the Cancer has returned. This time in the lungs. We will know more about this in a few days.

How do i go about getting his records to even know what condition he is receiving a disability for, Since he can't tell me??

Thanks,

Jessie

[john999]

I know that in overpayment situations the rule is that the VA wants to resolve the debt within one year. I believe from what I have read that they will take partial settlements of debts. For instance, you owe the 20,000 you might be able to offer half and they would accept that as a payoff. You can negotiate or you can ask for a complete waiver. When you get into these situations the VA wants a income and asset statement from the vet to show he/she cannot pay back the whole amount from what assests they have. This would be the basis for bargaining since if you have few assets how are you going to pay back a debt. I do know I owed them some money for educational assistance overpayment years ago and they hounded me for it but I got it waived.

I don't know how well they check the statements about assets and income you make if you are an SC vet and owe them. I don't know if they audit tax returns or bank statements. I know if you are getting a NSC pension they are all over you and want that information. As long as it is not a fraud case I think the VA will work with you. I mean how would it look if they drove a 100% disabled SC vet from his home to the street over a debt he incurred through an error?

[Berta]

You are right Pete-

Here is some overpayment and waiver info:

http://72.14.205.104/search?q=cache:tKLKUC...=1&ie=UTF-8

The letter probably states he can appeal and can file a NOD.

Since he seems to have mental disability they would have to take that into account-it appears he lives alone? and how could he handle much of this anyhow---

if he has a diagnosis and treatment consistent with a condition that would make one forgetfull or unable to full handle matters like this- this could be put into the NOD with some proof of that.

What condition does he actually get the pension for - if we knew more about his disabilties and when and where he served it could help prepare a claim for direct service connection.

[jessie0054]

Dear Berta, John and Pete:

Thanks for all your help here. I am still trying to absorb all the information here and more paper work that my mother brought over this afternoon and dropped on me.

The letter probably states he can appeal and can file a NOD.

Yes, Berta, The letter did say that he could Appeal and file a NOD. I'm not sure i know how to go about this. Wouldn't he need a SO , If not then i guess i'd better get myself educated in the subject!!

Since he seems to have mental disability they would have to take that into account-it appears he lives alone? and how could he handle much of this anyhow---

Yes, He does have some Mental Problems, And No he doesn't live alone. He lives with my 83 year old mother who takes care of him.

if he has a diagnosis and treatment consistent with a condition that would make one forgetfull or unable to full handle matters like this- this could be put into the NOD with some proof of that.

I'm sure that his Medical Records will reflect his mental conditions as all his Medical Care was handled at the VAMC since his discharge from the service or soon afterwards.

I know that he takes alot of Antidepressant and Anxiety Medications. Some are the same as they perscribed for my husband who has PTSD.

What condition does he actually get the pension for - if we knew more about his disabilties and when and where he served it could help prepare a claim for direct service connection.

I am not sure what he actually gets the pension for!! He doesn't either!! I guess they just don't give a pension on need??

From what i got off his DD-214 this afternoon is that he served in the Army from 9 April 1969-27 March 1971.

His last duty was [HUB 4 ARMD DIV ARTY USAREUR] what ever that means. Most all his time was spent in Germany.

I ask him today if he ever went to sick call when he was in the service. Tell you how bad his mental condition is, he sat there for a few mins thinking really hard and then ask what is sick call. I then ask him did he ever have to go see a Dr when he was in the service he then said yes, for his "Nerves" So i guess this could be why he is receiving the Pension.

As for disabilities / Medical Conditions he has had Colon Cancer, The Mental Conditions and has has 2 surgeries for a prolblem in his Cervical Spine and other conditions that i don't know what they are but he has had a total of 18 surgeries and we will know tomorrow if he has lung Cancer.

Jessie

[john999]

I think he should have a service officer. You can still help him and make sure the SO is doing his job. There are a lot of vets out there and the service organizations and VA are always talking about doing outreach to these vets. I don't see it happening that much. If the vet does not have someone pulling for them they just get left on the beach. You are doing good work!

[jessie0054]

I think he should have a service officer. You can still help him and make sure the SO is doing his job. There are a lot of vets out there and the service organizations and VA are always talking about doing outreach to these vets. I don't see it happening that much. If the vet does not have someone pulling for them they just get left on the beach. You are doing good work!

Thanks John:

I think i will seek out a SO, I think all this is way over my head.

The service officer will be quicker at being able to get a C-File?? That might be able to tell us just what he is getting the pension for??

And he will know how to sort out this mess with the Overpayment??

Thanks, I will still keep my eyes on it but really this is over my head.

I think also that he needs someone pushing him to file for SSDI.

Jessie

[Berta]

Jessie- there are many things that can be done and a good service officer can help-

All of the overpayment regs and his rights are within 38 CFR 1.911 to 1.965.

There are some deadlines for some responses.

NVLSP suggests

1. file the NOD to question the validity of the overpayment- they could be wrong-

2.the veteran should request a debt waiver and

3. they suggest the veteran should request a waiver hearing also.

EVRs are the annual reports that a vet on a pension muct fill out and return to VA.

If the VA does not get one (the annual EVR) within 60 days from a war pension vet, they can immediately take steps to stop the pension check.

Obviously he presents a clear picture of a vet who cannot handle this stuff. There is no reason to believe that he deliberately did not send in the EVRs. The VA will consider these factors.

At first glance I think the USAEUR means US Army Eoropean service and it looks like he was in an armored division .

Was he in Munich at time of the Olympic disaster?---I think maybe that was 1972 but not sure-

something-an auto accident or something else culd have been the nexus to his "nerves" being treated in service.

The Operations are probably all on the internet for his unit- and I am just wondering what happened in Germany that could have caused him to have PTSD or any other trauma from service-

The SMRs will help so much and they can be gotten at NARA.

http://www.archives.gov/

click on the Military record link and look for the SF 180 on line.