Dispute a Debt

[Stranded]

I submitted the online VA form to review my existing claims. I was upgraded from 80% to 90% in December and then to 100%. While filing the online form I inadvertently checked the box that stated I would give up my compensation for retirement pay. That was not my intent. I was sent several letters explaining my new benefits and increases, and I was continued to receive my compensation every month. All the time I didn’t realize I needed to send in a form stating I wish to receive both retired pay and VA compensation. I realized it when I received a letter iat the end of April  that my compensation would stop in June. I immediately went into the VA to submit the required paperwork to continue my compensation. I thought I was good at this point. A week later I get another letter from debt management stating I owe over $21,000 because I checked the box. I submitted a waiver and dispute letter. No success because I inadvertently checked the wrong box. Even though I rated the compensation and took the time to continue my compensation back in May. Nobody at the VA is willing to help me or have advice how to rectify this. By the way, my wife did the same thing, however a VArep called her and walked her through the process so that she would not incur a debt as well. I was not as fortunate and need help with clearing this unjust debt.

[ShrekTheTank]

Stranded

I think I am reading this right in that the VA and your retirement overpaid you?  I want a clear understanding of what they are trying to say.  Or I am reading they took one pay away and gave you the other?

From my understanding if you retirement then the disability rate is a percentage until you hit a certain disability?  Or is it always a percentage after retirement?

I assume you went the route that gave you the most money?  Or are there benefits from having both?  

If you went with one single pay it would be less than the retirement and disability?  So I am wondering why you owe them and not the other way around?

[Berta]

We have considerable info here on the CRDP and CRSC program-I think that might be the problem---

However , many of the posts on this issue are from me, ever since these programs came about- and I noticed I got some errors messages and some have links that no longer work-

Do you fall under the CRDP criteria or the CRSC criteria:

https://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html

Some vets fall under both, and this site explains how that goes- I think they say to pick the program that benefits you the most.

Here is more info from DFAS:

https://www.dfas.mil/retiredmilitary/disability/comparison.html

CRSC has to be applied for but CRDP should be automatic.

I see this as the way ShrektheTank sees it:

"So I am wondering why you owe them and not the other way around?"

 "By the way, my wife did the same thing, however a VArep called her and walked her through the process so that she would not incur a debt as well. I was not as fortunate and need help with clearing this unjust debt."

Is the wife's vet rep still around?

" I realized it when I received a letter at the end of April  that my compensation would stop in June."

Can you scan and attach here that letter? We need to see the rationale the VA gave you. Cover your C file#,service#, SSA# prior to scanning it.

We all make mistakes on forms sometimes, even in our claims.....

I inadvertently used the wrong word when I was helping my husband support his PTSD claim for a higher rating. He had dictated to me that he felt the RO was deliberately ignoring his evidence, as a disabled veteran ( that was true),because SSDI had awarded him solely for PTSD, based on VA medical records, but he was at 30%.VA said SSA refused to realise his SSA records. It was a LIE.

As I was leaving to get to the Post office after he signed it, I realized I had typed 'disbaled' instead of disabled, but he told me , 'don't bother to correct it- the VA has 'disbaled' me.'

VA awarded him 100% P & T almost three years after he died.

In essence, many vets do give up part of their retirement to keep their SC.

My neighbor ,on FERS, and then SSA for a back injury well documented in service, tha put him on FERS disability, got a measly 10% VA comp and ran down here to brag his claim was awarded ,fast, when my claims had been at the same VARO for 2 years without proper award.He said That shows You something, like he was special- I said yeah that shows me they will deduct the 10% from your retirement pay.(which they did)

Your case is different but it pays to know the CRDP and CRSC criteria-and how it all works.

 

I think this can be fixed but you might need to call the White House Hot Line- 1-8855-948-2311

or even DFAS- I am thinking VA might have realised you were eligible for CRDP but did not follow through the "automatic"part- meaning they did not send DFAS info that would warrant CRDP.

The VA makes many mistakes as it is- but we can help more if we see the letter.

I will check the BVA site to see if other vets have had this type of problem

 

[Berta]

Bingo!

In part:

"FINDINGS OF FACT 1. The Veteran is charged with an overpayment of VA compensation benefits in the amount of 56,332.29 dollars during the period from July 12, 2016 to December 31, 2017 as he concurrently received military retired pay and VA compensation benefits without providing a waiver of his military retired pay. 2. The Veteran was legally entitled to the concurrent receipt of the full amount of his VA compensation benefits and military retired pay during the period at issue; and as the Veteran’s military retired pay was based on years of service rather than disability, he was not required to submit a waiver of his military retired pay in order to receive VA disability compensation at the same as his military retired pay."

"10 U.S.C. § 1401 provides that retired pay for 10 U.S.C. § 1201 is computed by multiplying the Veteran’s retired pay base by either (1) his years of service multiplied by 2.5 percent; or (2) the percentage of his disability rate when retired. The Veteran is able to elect his multiplier, and the multiplier is limited to 75 percent. As noted above, the Veteran has indicated that he elected to have his retirement pay based on his years of service rather than his disability percentage. As the Veteran’s 20 years of service would result in a multiplier of 50 percent, and his disability would result in a multiplier of 20 percent, the Board notes that this election was more favorable to the Veteran. In light of the above evidence, the Board concludes that the Veteran’s military retired pay was based on his years of service rather than his disability. As such, there was no excess amount of retired disability pay that necessitated a waiver under 38 C.F.R. § 3.750(b)(2)(ii) before VA compensation could be received. (Continued on the next page)   Under these circumstances, no waiver was necessary, and the Veteran was legally entitled to the concurrent receipt of the full amount of his VA compensation benefits and military retired pay. Consequently, the overpayment debt in the amount of 56,332.29 dollars was not properly created and cannot be legally charged to the Veteran. The appeal is granted."

 

https://www.va.gov/vetapp19/files3/a19000178.txt

Does this help? Is it similar to your situation?

If so maybe you could call a CUE on them....as to their rationale in the letter.

[Berta]

Here is another one:

https://www.va.gov/vetapp17/files5/1727216.txt

It Pisses me off that these vets had to appeal to the BVA, because the VAROs do not know how to read.