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overpayments Duplication of Benefits
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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?
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pacmanx1
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
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