TPD discharge

[ShrekTheTank]

So I got my TPD discharge yesterday.

The letter states they will discharge the loans on 2/27/2021.  The issue is my Remand is at the BVA with the law judge as of a week ago.  Not sure how long this will take, but it went to the front of the line (whatever that means).  Anyway they have the EED date as 9/22/2020.  With this Remand it would send the EED back to 1/6/2016.  

My question is will it hurt me to OPT out of the Discharge?  Then apply for it at another date?  I do not want to lose this ability to do the discharge as it is 50K.  I also don't want to lose the 15K in back payments.  has anyone done this?  Should I just let the discharge go through?  

[brokensoldier244th]

it discharges the whole loan back to origination, not your effective date. Two different things. What Nelnet or whoever your lender does with your backpayments isn't tied to VA at all, other than the 100% rating. 

[ShrekTheTank]

 

Right at the top it is show my date of when my 100% went into effect 09/08/2020.  This is also the date they are repaying back any payments made.  So I am pretty sure they are using this date for the refund.  

Edited January 8, 2021 by shrekthetank1

[brokensoldier244th]

My lender didn't do it that way, but my repayments were still within my ED. In that case, then I would call them and talk to them to see if they can wave this off. Its a one time thing, but you dont have to do it now, either. Trump signed a law that made it automatic on the generation of a 100% award. There are some 100%ers still in school that have gotten caught up by this that had to cancel their loan discharge because otherwise they could't finish school. They can still apply for it later, though. 

[pacmanx1]

I had to contact my lender to get my discharge.

Total and Permanent Disability Discharge | Federal Student Aid

 

[broncovet]

Excellent questions.  I got a student loan discharged several years ago, but "may" be eligible for a refund, but probably not, because I dont recall making very many, if any, payments on my student loans.  Im sure they wont refund money I did not pay.  

However, and I dont recall this, they may have "taken" my tax refund checks, which amounts to payments, even tho they were late.  

I do know that, after I got my 100 percent, I went down to VA and eventually received a check for repayment of copays/deductables on meds.  (I didnt pay those either, but they did take money from my tax refund checks to cover).  

As you wisely pointed out, they should be effective from the date you were awarded 100 percent..including effective date appeals, if applicable.  

You may have uncovered "a source of money" for disabled Vets, like myself, who went through "very hard times", for years and you may be able to get some of that back.  

[brokensoldier244th]

Yeah, the law changed in 2019. Prior to that you had to request it.