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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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iraqx2

Anyone ever successfully won an appeal on a VA Overpayment?

Question

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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