Overpayments?

[DevilDog12]

TWo months ago, I won an appeal, and my rating went from 60% to 80%, and I was paid retro pay back to 4/14.  I was paid that retro on 2/6/16.  After checking EBenefits this morning, I noticed that under "Pending Disabilities " there is a new claim showing a Possible Overpayment.  This was filed by the VA on 2/17/16.  Has this a happened to anyone else, and what happens next?  What am I supposed to do about it?  Now I'm stressed again!

Edited March 23, 2016 by DevilDog12

[broncovet]

Most of the stuff we worry about never happens.  This is such a case. 

FIrst, ebenefits is notoriously unreliable.  You simply can not count on what it says.  I wish I could get money every time ebenefits was wrong. 

Next, even if its accrate, you can apply for a waiver so that VA wont/can recover this overpayment.  I applied for said waiver and it was granted.  If you need to apply for a waiver of payment recovery, you should show

1.  How recovering this payment would be a hardship for you.

2.  How the overpayment is probably in error and is not your fault.  

Lastly, even if ebenefits is reliable, and your waiver is denied, you still may get to keep your money if

you apply for an increase and get it, such as SC for another condition or even pension benefits, if applicable. To get pension you need to have low or no family income, and served in a war period.  

[DevilDog12]

I can say it's definitely not my fault.  All I did was apply, and was granted.  However, seeing that on EBenefits gets the stess level high again, and gets me wondering, "what did I do wrong?"  I will file a waiver if this message is indeed correct.  My wife lost her job a few months ago, and is having a hard time finding work, and she has a special needs child (my stepson) that she needs to be available for during the day.  Again, just some unnecessary stress.  

Would emailing the VA Sec be of any help in this matter?  Again, if this EBenefits message is true.

[broncovet]

If this is recent, and I assume it is, then the only thing for you to do now is make sure VA has your current correct address at both VBA and VA medical.  As long as they have your correct address you should get the applicable notices.  However, this would not be the first time something got lost in the mail, so you can contact your VSO, and ask him, as he "may" have access to your notices online.  

[FormerMember]

That and send in a request to have the enforcement abated until you can have a hearing or determine the validity of the debt. You have 30 days from the mailed notice ( not an eBennies posting) to file the request to forego enforcement. VA then must determine if it is a valid debt, and, if so, if it would create undo hardship or financial ruin for you. VA can't find their derriere with a methane detector so I wouldn't worry too much unless you get a notice via the USPS. By law, eBenefits doesn't constitute official notification. You have 180 days to file for relief of the debt entirely.

[broncovet]

Alex's answer to "CYA" in case you never got the notice even if your address is correct and current is a good idea.  The stakes are high here as this "overpayment" could be substantial.  On the other hand, you dont need to put up red flags, so do watch it closely, and it may be a good idea to ask for a copy of any "alleged" proposed reduction, pointing out the ebenefits.  ITs likely they tell you its error.  Its possible to be error in your favor, too!!

[DevilDog12]

Thank you guys for your input!  Well, I called Peggy, and of course she could not tell me much.  However, she did say it is pertaining to my claim that was decided back on September 29, 2015, and I was granted 30% for Migraines.  My claim was filed on 4/8/15, and I was in that 2 year period where they were backpaying 1 prior year of Retro for FDC's.  So I was backpayed back to 4/8/14.  Again, this was their rule and law, so Indon't think I did anything wrong.  

Hopefully this is an error on their part, and I can get this waived.  All that time you await your Compensation, only for them to say "Nevermind."