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iraqx2

Anyone ever successfully won an appeal on a VA Overpayment?

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Hello Folks,

My kids were recently and finally awarded Chapter 35 for last semester. The VA finally sent their payments. As expected, they sent a letter to me wanted a response back within 60 days ( or an appeal ) in regards to an " over payment ". Obviously I have to repay the kids' as a school age dependent after the age of 18 to the difference to what they were paid for Chapter 35. This is obviously a huge amount. I am wondering if I can ask them for a payment program or appeal it......, but on what grounds? Anyone successful had their over payment forgiven by the VA?

Thanks

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Yes.  I appealed an overpayment and won.  In my case, I got married to a nurse.  I knew that meant I was no longer eligible for vA pension as "my household" income was well above the minimum.  I informed them of my marriage, and that she was a nurse with income over the poverty limit, within a month of my marriage.  

Sure enough, 18 months later, they finally processed the change, and sent me a letter that I owed them a bunch of money.  

I appealed, arguing 2 things:

1.  Its not my fault the VA takes 18 months to process this.  They sent me money, and I assumed it was mine!!!  I did my part and should not have to pay for long delays in processing time.  

2.   Explain precisly how it would be a burden for you to pay it back.  READ this, and comply with their rules, precisely:

https://www.va.gov/debtman/submit_a_waiver_request.asp

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