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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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gba

Audit

Question

Office of management and budget audited my account. A waiver request was denied. The VA claimed that retro payment in error. They began deducting 1000 out of my benefit pay.

Because I was doubtful of the audit results, I reviewed my pay history on e-benefits and discovered evidence that contradicted the audit. The VA claimed that the decision was based on my claim folder and previous award letter.

A review of my pay history and the recent awards letter was not mentioned as a evidence in the decision to attach my monthly benefit. 

Because I had outstanding appeals, the retro payment made sense. I contacted the 800# who verified that the payment was legitimate.

I payed outstanding debts and payed off my car note. My joy was interrupted by the Office of management and budgets' claim that the pay was an error.

I have crunched the numbers and I am certain of the VA'error. I have completed the form 9. Should this form be sent thru the usual system, This would mean a long wait for any decision.

Meanwhile I am in deeper financial waters. My credit score has dropped. My benefit includes aid and attendance. The reduction erased that allowance.

Any suggestions would be greatly appreciated. Thank you

GBA

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A similar story has been retold by many of us, myself included.  I lost my home in 2005-2006, waiting on my claim to go through a long appeal process.  

Opting into RAMP may make your process a lot quicker, if indeed you are eligible for RAMP, which you may well be.  

We have a post here on RAMP, and how you opt in.  Opting into RAMP COULD mean your pain lasts a shorter period of time, it sounds like you need to select Supplemental Claim lane and add new evidence.  

If you are in dire financial straits, then there are some states where they help Vets.   However, since you are at 100 percent, it sounds like you are earning "at least" 3000 per month, which is above the "poverty level" that the VA wants Veterans to be at.   According to the VA, the poverty level is about 13,000 per year for a single Vet.  Married Vets with dependents is more.  

https://www.benefits.va.gov/PENSION/current_rates_veteran_pen.asp

You could also try resubmitting your "new evidence" you think they did not consider, which could reopen due to n and m evidence under 38 CFR 3.156 b.  

It may, but probably wont be effective for you to contact IRIS or the white house hotline unless you can get a hold of a Veteran friendly VA employee who has the authority to fix this glitch.  But do try it anyway.  VA has a "culture of denial" in many of its offices, where they seem to want to create as many more homeless Veterans as possible, by delaying and denying benefits to deserving Vets.  

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Is this consider a claim?

I mean if were awarded a grant for our disability's and the VA Decides to go over our records  or their records and finds that they supposedly over paid us.

We do have our due process to respond,  if this is considered a claim then they should not be taking anything from our compensation until a decision is made one way or the other 

so if this would be considered a claim  then the veteran can keep it on Appeal and that could be years for a decision...but it just seems to me we have other rights to contest something like this with out it being filed as a claim.

But then again  if the Veteran has credible evidence to prove no error was made  at the time a decision was granted ,then the VA should do the right thing and give the $$ back that they withheld from his/her compensation.   looks like that would be illegal anyway.

this could be solved at the DRO Level I would think.

This Veteran should have recieved a letter letting the Veteran know what his/her rights are and how they can contest this.

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VA made errors in audits of my issues that contained Many substantial errors to my detriment.

I filed a few CUEs recently on their Nehmer Audit.

We dont know what errors you believe they made-that they want to recover from your comp.But it is a Good idea for any veteran to go over any audits they get from the VA.

Fortunately in my case, NVLSP sent me the historic rate charts that go back to 1988-the rate charts at VA only go back I think to 1992.

Can you scan and post ( cover C file prior to scanning it) their denial of the waiver?

With the evidence you said they didnt consider,you might have a CUE basis.

One error I had was that they withheld my 1151 DIC until my FTCA settelement offset was paid.

I wrote to them many times to tell them ( with a copy of the settlement,) that only part of it was to be withheld..no response from the RO.

QWhen I re opened my D*IC claim for direct SC death, the Regional COunsel got the file , as he had to verify the past malpractice and he promptly filed a CUE on them.

The check came before I even got a copy of the RO's letter, 28,000 but when the letter from VA came they enclosed an audit and had missed an entire year of DIC- I sent them a letter (maybe a CUE I forget) and within 3 weeks I got the balance.

My Nehmer audit involved a grant for 2 1151 CUE claims and  the AO IHD award. and SMC.

It says right before the audit in the decision,that it is an "estimate".

If they are wrong a CUE filed now might get this resolved faster than the regular appeals process.

I figured years ago, if the regional counsel can file CUE against why cant I-within the appeals period.

I haven't lost any CUEs I filed like that yet-on that type of CUE, I always put Attention to: and than use the alphanumeric on the decision. The alpha part contains the initials of the last person who worked on the decision. 

Based on your post and the evidence you mentioned, they might have violated 38 CFR 4.6. which they violated in many decisions I have received.

I also cite  any other legal error they made.

Lots of info in our CUE forum.I call CUEs filed within the appeal period GCY CUES ( go Cue yourself VA)ad searchable here .

two or three of our members have used that tactic as well here , and got faster awards than a long appeal would take.

 

 

 

 

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GBA said:-

"Office of management and budget audited my account" I dont understand that-I thought  most audits are done by the VAROs.???

 

 

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https://www.va.gov/om/

https://www.va.gov/budget/

Reason I asked is that these are two separate departments of the VA.I have no clue on what they have to do with VA claimsissues.

I googled the Office of Management and Budget and got this:

https://www.whitehouse.gov/omb/

It is a department within the White House.

Can you scan and attach here ( cover personal identifying stuff prior to scanning it)

anything from VA that stated where the audit was done?

 

 

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