Reduce and Recoupment error. Already Paid It.

[cavscout1967]

Hello, I received a letter from the VA stating they propose to reduce my disability pay down to zero so that 12k in voluntary separation pay will be satisfied. However, I have already paid that. In 1997 I was awarded 10% and told in that award letter that the VA will withhold all payments until the 12k is satisfied. Lo and behold in 2008 I began receiving 10% checks. Now in 2020 I get this proposal because I never paid it according to them. I believe that this is related as to why. I am part of the EXCEPTION GROUP as I repaid prior to this software implementation. This is scaring the crap out of my wife and I and we rely on this money and it is now much higher than 10%. Has anyone seen this before? Advice?

III.v.4.B.1.d. Determining Whether VA Has Already Recouped Separation Benefits a Veteran Received

Before establishing a withholding to recoup a Veteran’s separation benefit, check the corporate record (by clicking on the MILITARY button in Share and selecting the MILITARY PAYMENTS tab) to ensure VA has not already completed recoupment.   If the corporate record shows recoupment is complete, claims processors must ensure the amount of benefits VA recouped matches the amount of the separation benefit the Veteran received.  If they do not match, treat the separation benefit currently at issue as unrecouped.   Exception:  If VA completed its recoupment of a Veteran’s separation benefit in the Benefits Delivery Network (BDN) (prior to conversion to VETSNET), such recoupment will not be evident in Share.

[cavscout1967]

These are the letters. The bottom one is the proposal to reduce. Please confirm adequate proof? My wife and I will be so relieved when this is over. It is super stressful. Thanks everyone!

Edited December 16, 2020 by cavscout1967
Adding new information

[Buck52]

I find it strange this Veteran got this proposal to reduce in the first place  sounds like some VA Employee is trying to make this veterans life miserable  with all the stress they are putting him and his spouse through     this is just plain ridiculous  and certainly not just.

This award letter should get your proposed reduction off.   try not to stress about all this  at least you save some very important documents.

As for as not being able to NOD a Proposal to reduce unless you were denied

I had got a letter to proposal to reduce my benefits and was not sent a denial  but on the count of a VA Physician CLAIM MY DISABILITY WAS NOT AS BAD AS I CLAIMED during a C&P Exam.

I RESPONDED BACK WITH A NOD as pacmanx1 mention  and requested a DRO Hearing  and had 60'days  Although I was never denied .

Had my hearing up at the R.O. within the 60 days.

The DRO MENTION ALTHOUGH THIS VETERAN WAS NEVER DENIED BUT WAS SENT A PREPOSAL TO REDUCE his benefits  AND HE IS HERE TO SETTLE THIS PREPOSED REDUCTION.

 FOR ME I got a COMPASSIONATE  DRO and a rating specialist  at my hearing and they listen to me and looked at all my evidence and I was increased on my disability  and not a reduction.  needless to say this VA Physician is no longer employed with the VA.

WITH THIS LETTER YOU PUT UP  SHOULD CLEAR YOUR REDUCTION AND CONTINIUE YOUR 10% OR ANY OTHER SERVICE CONNECTED RATED DISABILITYS YOU MAY Matter of fact do you have any other conditions that may warrant a service connection rating?  remember to file on them if you do or any secondary conditions to a existing service connection you may have.

Hang in there  your going to be ok.

[broncovet]

Its a bit hard to read, but this appears to be a proposal to reduce your benefit AMOUNT, temporarily, until you pay back the deficit VA believes you owe, but does not permanently reduce your disability/percentage/ benefits.  

While I have NOT seen anything like this before, my advice does not change:

Send the VA a letter, along with proof, that you have already had this amount deducted.  Send it certified mail, return receipt requested, as VA "looooves" to lose those types of letters, and is famous for doing just that.  

Since the stakes are high, for your family, I would reiterate the suggestion you contact NVLSP and see what they say about it.  Its unlikely to cost you a dime to contact NVLSP.  

 

[pacmanx1]

Buck, I totally agree, lately all my correspondence (Rating Decisions/What we need Letters) are all coming from the Intake Center. They even reduced one of my rating without a proposal to reduce letter. I had to file a NOD and BVA made them restore my rating. I think they are just trying to push out as many decisions as they can and if the veteran does not respond timely then the veteran would have to file an appeal. But we know all to well that this is typically what VA does all the time. 

 

[kanewnut]

5 hours ago, pacmanx1 said:

They even reduced one of my rating without a proposal to reduce letter. I had to file a NOD and BVA made them restore my rating.

Was this a reduced rating that affected your percentage for payment? I ask because they have done it to me and I want to fight it. It didn't affect my monthly payment but it is blatantly wrong. 

[pacmanx1]

1 hour ago, kanewnut said:

Was this a reduced rating that affected your percentage for payment? I ask because they have done it to me and I want to fight it. It didn't affect my monthly payment but it is blatantly wrong. 

That is an easy question, but the answer is a little complicated. The VA granted my initial rating, but low balled my rating and I filed a request for reconsideration and the VA granted it but screwed up my effective date. I filed a NOD to get my correct effective date and the VA reduced my rating with an even worst effective date. I had to file a new NOD and my claim had to go to BVA and they made the local VA restore my rating. When a veteran files a claim for increase, the VA can not reduce his/her rating percentage based on one C & P exam. It is called a "Mischaracterization of the Issue on Appeal."  See AB v. Brown,6 Vet. App. 35, 39-40 (1993).

Since my claim is still on appeal it will most likely affect my payment.

 

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