DEA and Dependant Overpayment

[Atlcocky]

Hello All,

 

I am trying to get information about appealing a decision from the VA to make me pay about $3100 back pay. My son started receiving DEA benefits in Aug '17. The VA just sent me a notice that they have overpaid me since that time because you can't receive both DEA benefits and be payed as a dependent. I have 60 days to appeal the the notice of back pay owed to the VA. I'm ok with the reduction of the dependent portion since it is much less than the DEA amount. I don't think its fair for them to want the back pay when I didn't do anything wrong.

Has anyone successfully have this overturned or at least not have to make the back payment?

[Berta]

There are hundreds of decision on this type of action at the BVA:

:ORDER The debt resulting from an overpayment of benefits due to the award of dependency compensation on behalf of the Veteran's son "J" from April 19, 2003 to October 1, 2005, concurrent with Chapter 35 DEA benefits, is valid. A waiver of the entire amount of overpayment, $5,962.80, is granted."

https://www.va.gov/vetapp18/files1/1805692.txt

On the other hand :

"ORDER

An overpayment of VA compensation benefits in the amount of $6,732.80 was properly created, and waiver of recovery of the overpayment is denied."

https://www.va.gov/vetapp17/files8/1744861.txt

If your search the BVA web site under decisions, you will find more-

using the search terms overpayment  dependent  DEA

I didnt read those decisions above in full but they will give you an idea of how to request a waiver and appeal -and why some waivers were granted and others were denied.

 

 

[Atlcocky]

14 hours ago, Berta said:

There are hundreds of decision on this type of action at the BVA:

:ORDER The debt resulting from an overpayment of benefits due to the award of dependency compensation on behalf of the Veteran's son "J" from April 19, 2003 to October 1, 2005, concurrent with Chapter 35 DEA benefits, is valid. A waiver of the entire amount of overpayment, $5,962.80, is granted."

https://www.va.gov/vetapp18/files1/1805692.txt

On the other hand :

"ORDER

An overpayment of VA compensation benefits in the amount of $6,732.80 was properly created, and waiver of recovery of the overpayment is denied."

https://www.va.gov/vetapp17/files8/1744861.txt

If your search the BVA web site under decisions, you will find more-

using the search terms overpayment  dependent  DEA

I didnt read those decisions above in full but they will give you an idea of how to request a waiver and appeal -and why some waivers were granted and others were denied.

 

 

Berta,

Thank you as always. I will review and start preparing.

 

Atlcocky