Dependent Issue

[LanceJoseph]

Not entirely sure where to post this but here goes, So I am not well versed in the dependent side of the VA, but I am very good at keeping track of my paperwork of what I have received and also sent to the VA.  I currently received a full award from the BVA and am just waiting for my RO to make their judgements on everything. When I first left the service I received my initial award two months later (early Va program). My RO at the time was still Winston-Salem, I received a letter August of 2011 asking for my updated dependency status. At this time I was going through a divorce and in September when it was finalized I sent a copy of my dissolution to the Winston-Salem RO (I have copies of this).  What I did not realize was that I was still being paid at the rate of having a spouse. I sat down with a VSO the other day and he asked how my wife was and while a bit stunned I simply said I haven't been married since 2011. He informed me that they have been paying me at that rate for 7 years. My question is even though I sent this dependency change, Should I have take other action? I did get on ebenefits because the gentleman said I could check it on there and she is listed under (dependents not under award) but I checked my payment history and sure enough I have been getting paid at this rate. What should my next course of action be in this matter? I don't want them to feel as though I was trying to steal from them and I also don't know what I should do. My BVA award letter even mentions multiple times during my C&P exams that my marriage had ended, this alone shows that I was not trying to hide this from them. Should I show them the extra copies that I sent to Winston-Salem? Below is one of the copies of the letter I sent to the RO in Winston-Salem. 

Edited January 20, 2018 by LanceJoseph

[Buck52]

Lance

Please Note:

In case you don't know this?

Everything we send the VA is copied and place in our C-file (Usually)

This includes mail we send in to the VA, copy's of signed return receipts , copy's of the envelopes , stamped dated , letters, ect,,ect,, and of course medical records , Progress Notes from Dr's & Past in-service records ect,,ect,,,

Most all correspondence we send the VA is supposed to be copied &  placed in our C-File.

Note:  It is better to use dark ink written or typed  on all correspondence when sending  anything to the VA.  and keep all and every copy for yourself.

[LanceJoseph]

Hey Berta & Buck, I have checked my C-file and I don't see anything that resembles the letter & other papers I sent them regarding this issue. I really felt like I took the correct steps in this matter and I guess I simply didn't go far enough to cover myself. My VSO pretty much said they wont release my retro until the dependent claim is settled, and when it is they will most likely just take out what they feel I owe them and then I will be able to appeal to get it back.  The retro from the BVA grant is in the realm of 120k but was told that I shouldn't expect any movement on it for at least the next 6 months due to this dependent claim. Feels like even when I win at the VA they are going to make it so painful that it wont feel like a win at all ha.  

[MikeHunt]

What will happen is the RO will process the debt. Some ROs may do 'mitigating circumstances' but mine flat out would not. The debt will come off the top of the Retro automatically through a program called 'FAS'.

You then need to deal with debt management (DMC). You will win if you stick to your guns.

The basis of your waiver is : 'Not substantially veteran's fault' as you sent in notification. I'm not sure how persuaded one could be of hardship if you're getting $120k.

BTW, debt management then sends the waiver to the RO, who decides, then returns decision to DMC. Win for bureaucracy.