VA stopped paying my DIL her benefits

[vern2]

Just found out a few minutes ago that the VA had stopped paying my daughter in law her 30% VA compensation over a year ago. She had moved from San Antonio to New Orleans and yes she did notify the VA of the move. It appears that the VA stopped her payments and now claims she was overpaid, as she had claimed dependents for her 2 children. VA states total over payment is  over $8k. Not sure how to handle this, but suggested she send IRIS a message and also call the White House number for help. She has trouble dealing with the VA as she has a temper!!  What should she do. She was a Navy nurse.

 

Vern2

[doc25]

6 minutes ago, vern2 said:

Just found out a few minutes ago that the VA had stopped paying my daughter in law her 30% VA compensation over a year ago. She had moved from San Antonio to New Orleans and yes she did notify the VA of the move. It appears that the VA stopped her payments and now claims she was overpaid, as she had claimed dependents for her 2 children. VA states total over payment is  over $8k. Not sure how to handle this, but suggested she send IRIS a message and also call the White House number for help. She has trouble dealing with the VA as she has a temper!!  What should she do. She was a Navy nurse.

 

Vern2

Did she ever receive a reduction letter after she moved from San Antonio to New Orleans?

By law the va is supposed to notify veterans of a ratings reduction. 

In the meantime, she could call the VA debt management office and have the debt waived due to financial hardship or start a payment plan. I'll find that number for you.

 

[broncovet]

The VA sends a letter, along with instructions of how to request a waiver when there is an overpayment.  Of course, not everyone gets or reads every letter from VA every time.  It "may" or may not be too late to request an overpayment waiver.  

She needs to go to this website and follow instructions to request a debt waiver.  

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

By the way, I requested, and received, a debt waiver.  There are 2 main reasons "why" VA would grant a debt waiver:

1.  Show how the VA collecting this debt will be a financial hardship, such as becoming homeless.  

2.  If possible, show that it was not the fault of the Veteran.  In my case, I sent in the appropriate "dependent change" forms in a timely manner, but VA did not process it for 18 months creating an overpayment.  I argued it was not my fault it took VA 18 month to process a simple dependent change as I timely filed the request.  

[vern2]

27 minutes ago, doc25 said:

Did she ever receive a reduction letter after she moved from San Antonio to New Orleans?

By law the va is supposed to notify veterans of a ratings reduction. 

In the meantime, she could call the VA debt management office and have the debt waived due to financial hardship or start a payment plan. I'll find that number for you.

 

no, she never received a letter.  if you find that number post it so can get her to call them. Thanks!

[doc25]

27 minutes ago, vern2 said:

no, she never received a letter.  if you find that number post it so can get her to call them. Thanks!

If she never received a reduction letter, then the VBA made an unlawful reduction. I don't know how that could be appealed. I'm sure other forum members have experience with that. Have her check to see if she was reduced to 0% on ebenefits. If she's still SC 0% she could begin to re-establish medical evidence to substantiate an increase later on. Hope this helps.

 

1-800-827-0648

Have her download and fill out a Waiver Request and a Financial Status Report. 

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

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

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

[MitchTheVet]

48 minutes ago, vern2 said:

no, she never received a letter.  if you find that number post it so can get her to call them. Thanks!

When she moved did she notify both the VHA (veterans health administration; clinics/hospitals) and the VBA (veterans benefits administration; compensation, education, pension, etc)?

Many of us, myself included a few years back, don’t know that they both need to be notified because the two parts of the agency don’t generally talk outside of the C&P examination process. 

Doc25 gave you solid information about steps to mitigate the reduction, but it sounds like this has been going on for quite a while based on the reduction having been implemented already.

Another avenue to consider is addionally requesting an increase if it seems like her condition(s) is(are) worse than what was previously adjudicated by the VA. I would address the reduction either first, or in combination, with this.

 

  - Mitch

[vern2]

On 1/24/2019 at 4:22 PM, doc25 said:

Did she ever receive a reduction letter after she moved from San Antonio to New Orleans?

By law the va is supposed to notify veterans of a ratings reduction. 

In the meantime, she could call the VA debt management office and have the debt waived due to financial hardship or start a payment plan. I'll find that number for you.

 

Never received a letter, as went to old address.