We have been receiving a lot of questions regarding action that the VA had taken or failed to take on claims. We are willing to provide suggestions and/or opinions but we are finding that many families do not have copies of the applications that were submitted. We strongly encourage you to always ask for copies for future reference.
The VA’s Office of General Counsel provided the following opinion that everyone should take note of. If you give a veteran’s organization POA to assist you or your love one to apply for benefits and they mistakenly provide the wrong information to the VA and an overpayment is created, it will still be the claimant’s responsibility to repay the debt.
http://www.va.gov/ogc/docs/1992/PREC_11-92.docb. Where a claimant's or beneficiary's duly appointed representative submits erroneous information on behalf of the claimant or beneficiary pertaining to eligibility or benefit rates, the claimant is responsible for any overpayment occurring as a result of the information supplied. Protect yourself and your family. Demand and keep copies of all correspondences. Don't accept anything verbal because you cannot appeal or challenge a decision unless it is in writing.
