Are there other Veterans that the Veterans Affairs is stealing money from with their VA disability compensation scam?

sfchackman

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I retired from the PA Army National Guard on May 31, 2017 at the age of 60 in fiscal year 2017 (Oct 1, 2016 – Sept 30, 2017). In fiscal year 2017, I received 51 days of military drill pay. The V.A. waiver deductions from my military retirement account and V.A. disability compensation payments started March 1, 2018 of fiscal year 2018 (Oct 1, 2017 – Sept 30, 2018).

In Dec. 2018, the V.A. sent me a letter stating that for fiscal year 2017, I am prohibited from receiving both military drill pay and V.A. disability compensation. After that letter, I responded with several VA form 1082s (Decision Review Request: Notice of Disagreement). Many 11A direct reviews by a Veterans Law Judge and many 11B evidence submissions reviewed by a Veterans Law Judge.

I called the V.A. help desk three times and my American Legion VA rep called one time. All four times, the desk clerks agreed with us that I didn’t receive VA disability until March 1, 2018 and they would fix it. In the end I would receive letters from the VA that their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017.

On July 1, 2019, the VA Debt Management Center sent me an audit stating that I did not receive any VA disability until March 1, 2018. I submitted that information to the VA with another VA form 1082. On August 20, 2019, the VA sent me a letter of their final decision and actions. Their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017 and of the $0.00 that I received for fiscal year 2017 they want $695.25 back. Their actions are, from the VA waiver deductions of $435.69 taken from my military retirement pay a month, they are stealing $58.00 and giving me back $377.69 until they have stolen $695.25.

After the August 20, 2019 letter, ten times I have requested the VAs evidence that I received VA disability in fiscal year 2017, and three times I have submitted VA form 10182 11C requesting a hearing with a Veterans Law Judge. Because they made their final decision on August 20, 2019, all of my requests have been ignored. My question is, how many other frustrated Veterans are there out there that the VA is pulling this same scam on?
 
Hello,

I would be discouraged too. You might consider getting one of your elected representatives (e.g., senator, representative) involved.

You had one question: "My question is, how many other frustrated Veterans are there out there that the VA is pulling this same scam on?"

Comment: Employees of the VA can make errors or cause delays in receiving amounts due to the veteran. They can also misinterpret regulations, laws, and other documents.
They do not steal from or scam veterans. To what purpose would that serve? They don't have access to your funds and they would not benefit in other ways.

I would contact the office of one of the two senators from my state.

Good luck,
Ron
 
You can use the attached site to find your congress member and senators.

 
Thank you,
I will give my congressman and senator a try. And I will still try to go before the board and veterans law judge.
 
I went through basically the same thing. Cost me around $2,400. They claimed I was receiving 100% comp for a period when I was actually receiving 30%. I filed a bunch of forms/appeals with the VA telling them how they were wrong. DAV sent them one as well. Turns out the VA never even looked at them according to the VA rep I talked to. The DAV eventually stopped helping me (I wish I had my $250 back from those worthless jerks), and the VA eventually sent me a letter telling me my year to appeal was up. It didn't make any sense. I thought about talking to a lawyer but said fuck it. It's not worth the stress. Good luck!
 
I retired from the PA Army National Guard on May 31, 2017 at the age of 60 in fiscal year 2017 (Oct 1, 2016 – Sept 30, 2017). In fiscal year 2017, I received 51 days of military drill pay. The V.A. waiver deductions from my military retirement account and V.A. disability compensation payments started March 1, 2018 of fiscal year 2018 (Oct 1, 2017 – Sept 30, 2018).

In Dec. 2018, the V.A. sent me a letter stating that for fiscal year 2017, I am prohibited from receiving both military drill pay and V.A. disability compensation. After that letter, I responded with several VA form 1082s (Decision Review Request: Notice of Disagreement). Many 11A direct reviews by a Veterans Law Judge and many 11B evidence submissions reviewed by a Veterans Law Judge.

I called the V.A. help desk three times and my American Legion VA rep called one time. All four times, the desk clerks agreed with us that I didn’t receive VA disability until March 1, 2018 and they would fix it. In the end I would receive letters from the VA that their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017.

On July 1, 2019, the VA Debt Management Center sent me an audit stating that I did not receive any VA disability until March 1, 2018. I submitted that information to the VA with another VA form 1082. On August 20, 2019, the VA sent me a letter of their final decision and actions. Their decision still stands, I am prohibited from receiving both military drill pay and V.A. disability for fiscal year 2017 and of the $0.00 that I received for fiscal year 2017 they want $695.25 back. Their actions are, from the VA waiver deductions of $435.69 taken from my military retirement pay a month, they are stealing $58.00 and giving me back $377.69 until they have stolen $695.25.

After the August 20, 2019 letter, ten times I have requested the VAs evidence that I received VA disability in fiscal year 2017, and three times I have submitted VA form 10182 11C requesting a hearing with a Veterans Law Judge. Because they made their final decision on August 20, 2019, all of my requests have been ignored. My question is, how many other frustrated Veterans are there out there that the VA is pulling this same scam on?

Are any of your VA claims retroactive back to FY17?
 
Your last LES in FY17 [September LES] will show how many Mutas that were paid, to include any annual training days. If any of your VA payments overlap your drill mutas and or annual training pay, then the VA will recoup this pay as an over payment.
 
This is quite common with NG service members and reservists. The debt letters usually will be mailed out April through June stating the overpayment. Then will follow a letter stating the amount of the overpayment around August through September. This letter will ask how you would like to repay the overpayment. If you don’t answer the letter, it will default into the VA withholding a portion of the monthly compensation until the debit is cleared. A third letter will follow stating that the debt has been paid in full, when paid.

After having gone through this debt since 2016, I found it easier to just pay the full amount of the debt all at once with a personal check. My reasoning behind this is, if you elect to have the debt withheld from the monthly compensation, will it stop when it’s paid off.

I elected NOT to have my compensation messed with and I chose to pay the debt out of pocket.
 

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