overpayments Duplication of Benefits

[MPsgt]

Fellow Veterans with similar experiences in dealing with Veterans Affairs and a "valid" overpayment. The overpayment was a duplication of benefits that was created with VA denying ALL responsibility for such on their end. The creation was duplicated as a result of the Veteran unknowingly receiving over a three year period dependent compensation for a "school age child over the age of 18" parallel to the same child electing and receiving Chapter 35 benefits over that same time period. The Child informed the VA eight times over four years for the election of Chapter 35 benefits. The Veteran continued to receive additional dependent compensation for child over 18 and in school without realizing it was creating an overpayment. The claim has been denied at the regional level and submitted directly to BVA for decision without additional evidence. Also, the VA discounted those "overpayments" only after a second child started the same process. The VA stopped that duplication and only then did they catch the original three year overpayment on child #1. The Veterans concern is that under docket searches with similar situations the Veteran(s) are getting racked over the coals. The BVA is more often than not finding in favor of the federal government. However, I recently found this under M21-1 or M22 Part 3, 3.09 the VCE responsibilities:

The VCE must review all sources of potentially duplication educational payments using the MINQ command t search each educational database for all educational benefits. If this is the case, there's a valid overpayment, the Veteran was given benefit of doubt, acknowledge of the duplication than how could the BVA appeal be denied?

Edited January 22 by MPsgt

[pacmanx1]

53 minutes ago, MPsgt said:

The Child informed the VA eight times over four years for the election of Chapter 35 benefits. The Veteran continued to receive additional dependent compensation for child over 18 and in school without realizing it was creating an overpayment.

I am from the old school VA, and it has been a very long time, but it used to be that an overpayment could be waived but the veteran would have to ask for it and the veteran would have to show how the collection/recoupment would create a financial hardship. We used to tell veterans to submit VA Form 5655 along with their waiver request VA Form 21-4138. It is totally up to the VA but sometimes they would waive the entire overpayment.  The bottom line is, as the veteran receiving these benefits, it is your responsibility to inform the VA to remove your dependent child/children. In your post you said your child informed them, but did you?  That is the real question and would be your biggest argument. If your overpayment is not waived, you can still fill out VA Form 5655 and make sure you pay close attention to ITEM NO. 24B.  This block is very important because it will set up a payment plan that the VA may accept. Make sure you get the most updated VA Form 5655.

VA Form 5655, I know this form is really dang nosy, but you want your overpayment waived right.

[MPsgt]

5 hours ago, pacmanx1 said:

I am from the old school VA, and it has been a very long time, but it used to be that an overpayment could be waived but the veteran would have to ask for it and the veteran would have to show how the collection/recoupment would create a financial hardship. We used to tell veterans to submit VA Form 5655 along with their waiver request VA Form 21-4138. It is totally up to the VA but sometimes they would waive the entire overpayment.  The bottom line is, as the veteran receiving these benefits, it is your responsibility to inform the VA to remove your dependent child/children. In your post you said your child informed them, but did you?  That is the real question and would be your biggest argument. If your overpayment is not waived, you can still fill out VA Form 5655 and make sure you pay close attention to ITEM NO. 24B.  This block is very important because it will set up a payment plan that the VA may accept. Make sure you get the most updated VA Form 5655.

VA Form 5655, I know this form is really dang nosy, but you want your overpayment waived right.

Pacmanx1, I did some further digging into submitted documents (VA Form 21-674) regarding notification of Chapter 35 benefits election with my signature in block 15A. This document is dated as the first notification by me for my daughter to receive Chapter 35 Benefits dated 04/09/2017. However, at that time I was still under the assumption that I could receive dependent compensation at the higher rate after 18 YOA and in "school". My question? Would this not serve as the Veteran notifying the VA of my receiving of additional benefits? Thereby, red flagging the duplication of benefits for which it took nearly four years for the VA to correct to at least 05/01/2020. Remember, after I made that election in 2017 my daughter and I are required to submit VA Form 21-674 each semester there after to continue Chapter 35 benefits without the VA acknowledging or notifying me of a valid overpayment from the duplication of benefits. I know this is a lot but appreciate the help.

[Berta]

I suggest that you carefully read these BVA overpayment re: DEA decisions, rendered in 2021:

"It follows that the effective date of the reduction of benefits in the present case would be the date of the last payment based on this error, and consequently there would be no overpayment charged to the Veteran. 38 U.S.C. § 5112(b)(10); 38 C.F.R. §§ 3.500(b)(2). Thus, as the applicable regulation specifically addressing the discontinuance of dependency compensation paid to a Veteran for his child provides that such discontinuance will be effective the last day of the month following 60 days after notice to payee, here, the discontinuance is effective December 1, 2005, which is the date the RO chose as 60 days from the September 2005 notification letter. 38 C.F.R. § 3.503(a)(3)(ii)(2005). For the reasons set forth above, the Board finds that the overpayment at issue was based solely due to an administrative error and, consequently, the debt is not valid."

https://www.va.gov/vetapp21/Files7/21042326.txt

"The Board finds that the Veteran neither had knowledge of nor should have been aware of the erroneous award of benefits for his daughter after she elected DEA and the error in the daughter not being removed was not due to the Veteran's actions or failure to act. Rather, it was solely due to VA's failure to act which in this case constitutes sole VA administrative error. Thus, the entire debt of $7,433.05 was not properly created and is not valid. Because the Board concludes that the debt is not valid, there is no debt to be waived, and the matter of entitlement to a waiver of any outstanding indebtedness in this matter is moot and will not be further discussed in this decision. Based on the foregoing, the appeal is granted."

https://www.va.gov/vetapp21/Files5/21031635.txt

 

 

 

Other veterans seem to have had problems and this case was remanded, more then once, :

"Whether an overpayment in the amount of $10,005.41 due to concurrent receipt of Dependents' Educational Assistance (DEA) and dependent disability benefits was properly created is remanded. Unfortunately, there has not been substantial compliance with the Board's previous remand directives. Specifically, the Board's September 2019 remand directed that a written paid and due audit from Fiscal Year 2009 to the present be associated with the record and provided to the Veteran and her representative. This does not appear to have been done. While the RO recalculated the amount of the Veteran's overpayment after changing the date that one of the Veteran's dependents began receiving DEA benefits, the dates still do not match what the Veteran has reported in her January 2017 substantive appeal. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matter is REMANDED for the following action: Set forth in the record a written paid and due audit of the Veteran's benefits for the period associated with the reported overpayments (i.e., DEA and dependent disability benefits in FY 2009 to the present). The audit should reflect, on a month-by-month basis, the amount actually paid to the Veteran, as well as the amount properly due. A copy of this written audit should be placed in the claims file and another provided to the Veteran and her representative."

https://www.va.gov/vetapp21/Files11/21069002.txt

 

I hope I gave the right links to the right cases, above ( I have carpal tunne syndrome) but the point is that based on what you posted you might well have a good reason to have this debt deemed as an administrative error, and not your fault.

But we cannot be 100% sure of that, as their could be other factors involved in their decision, and even the dates the decision ws based on-these overpayment claims changed when VA issued a Fast Letter on policy in 2015( # 20-01-13-i could not find it under google search) and of course the BVA has limited citations in those recent decisions, to bolter their deciion.

However , can you scan and attach th VA decision on this, you received ,with the date of the decision and evidence list? Cover your C file #, name ,address, prior to scanning it.

I just caught this:

" Thereby, red flagging the duplication of benefits for which it took nearly four years for the VA to correct to at least 05/01/2020"

Did you appeal whatever you felt they missed ? Is there still an overpayment issue?

https://www.va.gov/vetapp21/Files8/21049161.txt

(wannabee) I will comment on this decision in a different thread-

It popped up in my BVA DEA search and I dont want to forget it- it has Nothing to do with your very valid questions.

 

 

 

 

 

[pacmanx1]

10 hours ago, MPsgt said:

Remember, after I made that election in 2017 my daughter and I are required to submit VA Form 21-674 each semester there after to continue Chapter 35 benefits without the VA acknowledging or notifying me of a valid overpayment from the duplication of benefits.

Not knowing all the particulars, you can surely request that the VA takes this into consideration but once again it is up to the VA if they waive your overpayment or not. As you can see and as Ms. Berta has pointed out, some overpayments were not valid, but some are. You stated that you appealed the local RO decision, and your appeal is at the board. Your next step is waiting for your new decision and based on your current argument as to any appeal. The BVA will grant, deny or remand your appeal back to the RO or the Debt Department. If you can submit any new evidence, informing the BVA that it would create a financial hardship may help or even reduce the overpayment but not sure if you claimed a financial hardship, if overpayment is recouped but any amount of reduction/collection in benefits these days would create one, but time will tell. I am not saying/claiming you did anything wrong but be careful of any words you use because they can/could be used against you.