America's #1 Online Cigar Auction
first, best, biggest!

Last post 4 years ago by izonfire. 28 replies replies.
I've been tilting at windmills (or, **** Congress!)
dstieger Offline
#1 Posted:
Joined: 06-22-2007
Posts: 10,889
My quixotic quest for justice has been mis-targeted

Fighting a protracted battle with the VA. I thought I had the advantage. It turns out they have the law on their side and it is fd up. So many of us are frustrated by the VA, when in fact it is our GD legislators who have bent us over. This one is going to cost me a couple grand and can't imagine anyone who might argue that the law, as written is the least bit fair.

This is a rant, but also a cautionary tale for anyone else here with VA disability and multiple marriages in their past.

I never knew (or long since forgot) that part of my disability payment is based on having a spouse. Thus, I gave no consideration to letting them know my marital status in the years since I retired. Years after I'd divorced and remarried, I stumbled into VA website and changed the beneficiary...so if I die, my current wife can get the final payment of around $400. That triggered many years of wrangling, reams of legal paperwork and headaches, as now the VA is trying to claw back thousands of dollars.

I was unmarried for three years and I fully acknowledge that I owe them the difference (single vs. married) for that period.

The problem is, that the law states that if you don't notify them of a remarriage within one year, they can ignore all dates and don't recognize your marriage until the date they receive notification. Really???WTF? They got NO problem backdating my divorce date. But, I'm expected to pay back the difference for three years when I WAS actually married and entitled to the married rate. But, since I didn't send a marriage cert to the VA within one year, I am hosed.

So, I'm in a long fight with the VA, but it's Congress that deserves (and will get) my negative attention. What a PITA.

So...the TLDR for anyone in similar situation (divorced after start receiving VA disability) -- If you remarry, notify the VA immediately!
Mr. Jones Offline
#2 Posted:
Joined: 06-12-2005
Posts: 19,359
Some newbie millennial with an axe to grind is making you a scapegoat to get ahead in his VA OVERSIGHT DIVISION JOB...HE-SHE has you over a barrel and knows its a 100%
Win win for him...not for you....
DrafterX Offline
#3 Posted:
Joined: 10-18-2005
Posts: 98,508
Those Bassards..!! Mad
dstieger Offline
#4 Posted:
Joined: 06-22-2007
Posts: 10,889
You may be 100% correct, Jonesy. And yet, I can't get too upset at the little weasley **** for correctly applying the law
Gene363 Offline
#5 Posted:
Joined: 01-24-2003
Posts: 30,680
dstieger wrote:
You may be 100% correct, Jonesy. And yet, I can't get too upset at the little weasley **** for correctly applying the law


True, but it's still caca de toro, and you are 100% correct about legislators in the parliament of whores, Congress.

This situation really sucks and I'll be thinking of your situation as well as others when I next, as I annually do, wish a fairly meteorite to land on DC during the State of the Union speech, I'll miss the monuments and museums, only.
tamapatom Offline
#6 Posted:
Joined: 03-19-2015
Posts: 7,381
Reminds me of a completely unrelated government agency issue.

I represented a client who was buying an existing business but as part of due diligence, I suggested we first meet with the County in regard to the zoning requirements. In 1969, the zoning on the land allowed the existing use, however the code has been subsequently changed to exclude the use that has been legally operating on the property since that time. I argued that continuing the existing use of the land with a new owner is valid because it qualified as a "non-conforming use" as defined in the zoning code. I was told by the planner in charge that "you cant just operate a nonconforming use - you are required to have a use permit". So we said fine, and marched downstairs and applied for a "use permit". DENIED in less than 12 hours.

Well there was no previous use permit because after 50 years, no one operating the business knew what a use permit was or that it was required or that the zoning had changed to prohibit the existing use. We were told our use permit was denied since the use was not allowed under the current zoning classification and there was no record of an existing use permit on the site.

If you are still following, here is where it gets interesting...............

I decided not to take them on face value and look it up in the code. Yes, the code says that a use permit IS required to initiate any development use of property. This they were correct on. However, no where did I find anything that says that there is any penalty for not having one. And nothing that says you lose your grandfathering of any nonconforming pre-existing use. I responded back in writing - telling them I see no reason why we can't have a use permit and if there is a provision somewhere in the code, please tell me what section and page. They responded by issuing us a use permit.

The moral of the story is - you need to know if you are in violation of a policy or in violation of a law or ordinance. Don't count on your government agent to tell you the difference. Also be aware of when rules and ordinances are adopted - in other words what were the rules at the time you supposedly broke them? If you signed a document that obligated you to notify them and you didn't, you are probably screwed. If you didn't sign something but they sent you paperwork that notified you of that provision you may also be screwed. But for them to create an internal rule after you started receiving benefits and then assuming that if its on the books that's enough, they may be blowing smoke up your azz.
USNGunner Offline
#7 Posted:
Joined: 05-17-2019
Posts: 4,402
tamapatom wrote:
Reminds me of a completely unrelated government agency issue.

The moral of the story is - you need to know if you are in violation of a policy or in violation of a law or ordinance. Don't count on your government agent to tell you the difference. Also be aware of when rules and ordinances are adopted - in other words what were the rules at the time you supposedly broke them? If you signed a document that obligated you to notify them and you didn't, you are probably screwed. If you didn't sign something but they sent you paperwork that notified you of that provision you may also be screwed. But for them to create an internal rule after you started receiving benefits and then assuming that if its on the books that's enough, they may be blowing smoke up your azz.


This, exactly this.

The **** VA is either an angel or Satan himself. Depending on where you are, what day it is, and which particular drone you're talking to on that given day.

I would go back, or, go to a different location and talk to someone else, checking the details as Tom mentioned. There is also the possibility of applying for a hardship waver.

Dude, don't give up. It's like fighting a 9000lb tar baby, ram27bat but it can be beat. (Mineral spirits will dissolve the sucker.)

horse

dstieger Offline
#8 Posted:
Joined: 06-22-2007
Posts: 10,889
Agreed, Tom and Gunner. First thing I did was go to the CFR and read all applicable articles for myself.
ZRX1200 Offline
#9 Posted:
Joined: 07-08-2007
Posts: 60,477
My step mom retires the end of the year from the local VA....she doesn’t like dealing with them. Her dad and my dad both have to go there and sea with them.

Had a customer a couple years back that was a WWII vet, they told him he never served. He went through a third party vet advocate and got an appointment in Salem. He went in his dress uniform that he STILL FIT IN.
frankj1 Offline
#10 Posted:
Joined: 02-08-2007
Posts: 44,211
deserves better
delta1 Offline
#11 Posted:
Joined: 11-23-2011
Posts: 28,754
... we all reflexively say, "Thanks for your service" and yet we allow this to continue...


apologies to all who served and are getting less than they deserve...
izonfire Offline
#12 Posted:
Joined: 12-09-2013
Posts: 8,642
delta1 wrote:
... we all reflexively say, "Thanks for your service" and yet we allow this to continue...


apologies to all who served and are getting less than they deserve...


The gubmint is there to take care of it, right?

Neither side is worth a damn.
As seen through my jaundiced eyes...
delta1 Offline
#13 Posted:
Joined: 11-23-2011
Posts: 28,754
yup...one of my best officers was a National Guard reserve who did three tours in the sand box...came back after surviving a landmine that took two of his buddies, physically intact, but not the "same"

he knew he had PTSD, but had to fight tooth and nail with the VA over his medical treatment...we had long chats...

he admitted contemplating homicide and suicide...hardest thing I had to do in my career was to pick up the phone and call HR...
Buckwheat Offline
#14 Posted:
Joined: 04-15-2004
Posts: 12,251
dstieger wrote:
My quixotic quest for justice has been mis-targeted

Fighting a protracted battle with the VA. I thought I had the advantage. It turns out they have the law on their side and it is fd up. So many of us are frustrated by the VA, when in fact it is our GD legislators who have bent us over. This one is going to cost me a couple grand and can't imagine anyone who might argue that the law, as written is the least bit fair.

This is a rant, but also a cautionary tale for anyone else here with VA disability and multiple marriages in their past.

I never knew (or long since forgot) that part of my disability payment is based on having a spouse. Thus, I gave no consideration to letting them know my marital status in the years since I retired. Years after I'd divorced and remarried, I stumbled into VA website and changed the beneficiary...so if I die, my current wife can get the final payment of around $400. That triggered many years of wrangling, reams of legal paperwork and headaches, as now the VA is trying to claw back thousands of dollars.

I was unmarried for three years and I fully acknowledge that I owe them the difference (single vs. married) for that period.

The problem is, that the law states that if you don't notify them of a remarriage within one year, they can ignore all dates and don't recognize your marriage until the date they receive notification. Really???WTF? They got NO problem backdating my divorce date. But, I'm expected to pay back the difference for three years when I WAS actually married and entitled to the married rate. But, since I didn't send a marriage cert to the VA within one year, I am hosed.

So, I'm in a long fight with the VA, but it's Congress that deserves (and will get) my negative attention. What a PITA.

So...the TLDR for anyone in similar situation (divorced after start receiving VA disability) -- If you remarry, notify the VA immediately!


I feel sorry for you and others that in a similar predicament. However, I think some of the blame is yours. See Highlighted text. fog
dstieger Offline
#15 Posted:
Joined: 06-22-2007
Posts: 10,889
Yep. Ignorance of the law is no excuse.

I should have memorized United States Code 38 of the Code of Federal Regulations as soon as I started receiving disability payments and dealing with the Department of Veterans Affairs.

I imagine that every other veteran is well aware of the detailed provisions of the disability payment system, and especially, the one year limitation statute. My whining is classless and inappropriate.

teedubbya Offline
#16 Posted:
Joined: 08-14-2003
Posts: 95,637
The law needs to be fixed though. No reason they shouldn't want accuracy on both ends rather than just the one that benefits them.

And it's probably not some millennial blah blah blah.... you can't blame them for following the law and doing as they must. Too often those slugs get blamed for someone elses crap. Put the blame squarely where it belongs. Congress. Both parties have become devoid of ideas or any shred of decency. The only idea either has is beat the other and take the opposite side of the other.

Dst this is wrong. Contact your congress folk though. Sometimes through their casework things get done. If the law is really clear it may be doubtful, but maybe they can get something done or you can raise their awareness. It won't take you much effort and you may benefit. I've been on the other side of those inquiries and can assure you a congressional will result in no stone left unturned.
dstieger Offline
#17 Posted:
Joined: 06-22-2007
Posts: 10,889
Thx, Tim. I've already dropped this on my rep and one of my Senators.

I generally try to avoid playing any sorts of advantages, but I did play up the 'veteran' card to both -- it carries inordinate weight lately
frankj1 Offline
#18 Posted:
Joined: 02-08-2007
Posts: 44,211
dstieger wrote:
Thx, Tim. I've already dropped this on my rep and one of my Senators.

I generally try to avoid playing any sorts of advantages, but I did play up the 'veteran' card to both -- it carries inordinate weight lately

did they say "thanks for your service?"
MACS Offline
#19 Posted:
Joined: 02-26-2004
Posts: 79,599
Concurrent receipt... that is a law that's f***ed six ways to Sunday.

I'm retired, so I get my retirement check. I was also rated at 30% disability by the VA themselves when I went for my retirement physical. I get a check from the VA for that disability rating... and then they DEDUCT that amount from my retirement check. Unless you are rated 50% or higher, you get f***ed.

So a kid who did his 4 years and got rated at 50% gets paid about what I do for doing 20 and being rated at 30%. And it's tax free.
DrafterX Offline
#20 Posted:
Joined: 10-18-2005
Posts: 98,508
That Bassard..!! Mad
MACS Offline
#21 Posted:
Joined: 02-26-2004
Posts: 79,599
DrafterX wrote:
That Bassard..!! Mad


Nah. I ain't mad at him... much like Dave, I'm pissed at the concurrent receipt law... and the dickheads that haven't changed it, despite saying they would.
DrafterX Offline
#22 Posted:
Joined: 10-18-2005
Posts: 98,508
Those Bassards..!! Mad
delta1 Offline
#23 Posted:
Joined: 11-23-2011
Posts: 28,754
Cursing
pacman357 Offline
#24 Posted:
Joined: 02-27-2006
Posts: 42,596
On behalf of windmills, I would just like to point out that they, unlike Congress, actually function and serve a purpose.
DrafterX Offline
#25 Posted:
Joined: 10-18-2005
Posts: 98,508
Ya... Killing eagles and other flying critters.. Mad
izonfire Offline
#26 Posted:
Joined: 12-09-2013
Posts: 8,642
DrafterX wrote:
Ya... Killing eagles and other flying critters.. Mad


And that's the hidden agenda.
Knew someone else would see it...
pacman357 Offline
#27 Posted:
Joined: 02-27-2006
Posts: 42,596
DrafterX wrote:
Ya... Killing eagles and other flying critters.. Mad

Damn, I forgot. Thanks to Trump, I also found out the other hidden secret. Their noise gives you cancer. Windmills, that is, not Congress. The only thing Congress gives any more is a stern talking-to.
izonfire Offline
#28 Posted:
Joined: 12-09-2013
Posts: 8,642
pacman357 wrote:
The only thing Congress gives any more is a stern talking-to.


They won't stand for the outrage.
So they sit
Users browsing this topic
Guest