30 Days

[Carl the Engineer]

So I finally got my letter today, June 25th.  States I have 30 days from date on letter which is June 8th, to request a hearing.  Sounds like July 7th is the drop dead date.  I already got a copy from my CVSO, but what if I did not know that there was one coming, i.e., if I didn't have eBennies, etc...

This is about a tax issue on my Separation Pay.  The VA recouped in 2011, but now they asked DFAS (because I got 100%) and DFAS told the VA I owe $1951.00 more, and they want to recoup that amount now.

The confusion comes that, before 1996, they are to recoup 75% of the total amount (25% for Federal tax, estimated), and then after 1996 they are to recoup the NET from your LES (pay stub).

Mine was paid in 2008, and they recouped the NET.

If you take the total amount paid times 75% and subtract what the VA already recouped in 2011, you get exactly $1951.00, which is what DFAS say I owe now.

Absolutely no one can read,

Hamslice

I have already submitted the 3 regulations that state this to my claim, but they haven't been reviewed yet.  Looks like I will be taking a ride to Milwaukee for a hearing.  Jesus Christ.

 

 

 

[Sgt. Wilky]

7 hours ago, Buck52 said:

Same thing happen to me  by the time I got my Notice of proposal to reduce my benefits I had 45 days left to respond. But it was good enough I sent in a request for a DRO Hearing at my R.O. And within a week I got a letter from the  Senior DRO Himself sitting up a date and time for my Hearing, with instructions as how he would conduct the hearing and what for me to do and if I have new evidence that  will support my claim will be crucial to my case  ect,,ect,,  it worked out ok for me...some times these proposal to reduce letters can back fire on them  and you get an increase and not a decrease.

Always Remember a Proposal to Reduce is not an Appeal. Its a meeting with the VA upper class supervisors in person to solve a problem before the Appeal status.  Senior DRO's have the authority to grant awards on the spot.

Unfortunately these type of DRO Hearings are a thing in the past  with this New AMA System we have today  the DRO HEARINGS ARE CALLED Higher Level Review   (HLR) and were not allowed to submit new evidence.

I should have clarified as I was speaking about two different events. My proposed reduction, now that I read your post, too, was 45 days from the date and I received it 16 days after the date of the letter. That was separate from the BVA hearing I just had a couple months ago (March 15th) that was an appeal from 2009...and wouldn't you know it, it was remanded back to the RO. Unbelievable, that 13 years later, this is still going on. Anyway, this just goes to show, like any other governmental agency, you will respond on their timeline, but you don't get a say in their timeline. 12 years and counting on this appeal...

[Carl the Engineer]

Got a call today from the "VA".  The gentleman asked if I wanted a phone or a in person hearing.

I told him an in person hearing.

He said they would tell me when it will be.

So, I got that going for me,

Hamslice

 

 

[GBArmy]

Hamslice The Boy Scouts's motto fits here, just "BE PREPARED." You'll do ok.

[Carl the Engineer]

Well, I was waiting for the decision to give an update, but I have heard nothing since the hearing.  So, I will say that the hearing went well and the hearing official was impressed with my presentation and thought that I had made my case.  I even had a more current VA regulation than he had.  He asked where I got that.  LOL..  

Google is your friend.

Anyway, it seems that they gave me 60 days to appeal, or 30 days if I want a hearing and I took the hearing, but they are waiting the whole 60 days, plus, to make the decision.  

The part that's jacked up is they are holding the difference between my 90% and my military retirement for months April, May and June.  A little more than $900.00, because they made another claim to DFAS for concurrent receipt.  I asked the hearing official what was going on and he told me they can not hold back my disability pay legally, but can hold that money legally, so that is what they did just incase I would have to pay back the additional recouped separation pay of $1951.00. etc.

Dirty bastards,

Hamslice

More to come.

[Carl the Engineer]

Update,

Well there was a date of 10/18 on my eBenefits site, so I waited patiently.  Then on 10/19, it changed to 11/18...

I would like this to get settled so that I can get a complete copy of my c-file before the one year expires on my June 4 rating letter.  I have a possible appeal or two.

They (VA) are pretty petty with their "within 30 days", but not so much on when they owe the Veteran something, paper or money.

Seems like they are trying to crunch my timeline,  LOL,

Hamslice

 

[Carl the Engineer]

Update,

One of the two claims they (VA) opened closed yesterday and they sent out a letter today.  

"Claim for compensation and pension updated January 13, 2022", closed, we sent you a decision letter.  I believe this is for the $1951.00 that they say I owe, and I say no I don't. I had a hearing in March for this.

Still open,

"Claim for retired pay adjustment" still at gathering evidence.  This is for the $900 bucks they witheld from my retirement pay, Mar, Apr, May.

Anyway, will update when I get the letter in 7-10 days, 

LOL,

Hamslice