Veterans’ Issues Fact Sheet: Overpayments

You got a letter from the VA saying you were overpaid. You cannot afford to pay the money back. In fact, you are barely scraping by as it is. What can you do?

ACT NOW! If you file an appeal within 30 days or ask for a waiver within 1 year. The VA will typically continue to pay you full monthly benefits until your appeal or waiver request has been processed.

What causes a VA overpayment?

There are many reasons that lead to a VA overpayment, but the root issue involves the veteran receiving VA benefits for which they were not eligible. For example, a veteran fails to notify the VA that they got divorced, so the VA continues to pay the veteran’s benefits at the married rate.

How can the VA collect an overpayment?

The VA may collect a debt by offsetting the veteran’s monthly VA benefits or ask the IRS to seize the veteran’s tax refund. When debts are more than 180 days overdue, the VA must report the debt to the U.S. Treasury Department for administrative offset or collection.

What should I do if I get a notice of overpayment?

• If you don’t think you owe the debt, you can appeal the overpayment within 30 days of the original notice letter alerting you of the overpayment.
• If you aren’t sure if you owe the debt, you can ask for an audit of your account. The VA should then provide a detailed explanation of the charges.
• You can also ask for a waiver if it would be against equity and good conscience for the VA to collect it. Basically, this means the veteran was not at fault in causing the overpayment and cannot afford to pay it back. You should include a Financial Status Report (VA Form 5655) with the waiver request to establish an inability to pay.
• A veteran can ask for an audit, appeal, or waiver separately or at the same time.

Is there a deadline to appeal or request a waiver?

You must ask for a waiver within one year after the date on original notice letter alerting you of the overpayment. You have 30 days from the date of the original notice letter to appeal.

Where do I send my appeal or request for waiver?

Mail your waiver and your completed and signed Financial Status Report form to:

Debt Management Center
P.O. Box 11930
St. Paul, MN 55111

What do I need to prove in order for the VA to waive the overpayment?

You must show:

• the overpayment was not the result of any fraud and misrepresentation, or bad faith on your part; and
• collecting the overpayment would be against “equity and good conscience.”

You must also submit a Financial Status Report (VA Form 5655) with your waiver request.

What is “fraud and misrepresentation or bad faith”?

The VA will look to see if you intentionally misled the VA about an important fact, or failed to tell them something important in order to get or keep benefits you were not eligible to.

What does “equity and good conscience” mean?

Factors the VA looks at to decide whether collecting the debt would be against equity and good conscience include:

1. The veteran’s and VA’s degree of fault in causing the overpayment.
2. Whether repaying the debt would work an undue hardship on the veteran.
3. Whether the veteran was unjustly enriched (i.e., whether the veteran had any unfair gain) as the result of the debt or overpayment.
4. Whether forcing repayment of the debt or overpayment would defeat the purpose of a VA benefit program. The purpose of the VA Pension program, for example, is to allow disabled veterans to have enough income to pay for basic necessities. It might defeat the purpose of the VA Pension program, therefore, if collecting the overpayment would prevent the veteran from paying for basic necessities.
5. Whether the veteran changed his or her position in some way because he or she relied on an error by the VA.

Can I get a hearing before the VA on my request for waiver?

Yes, a veteran is entitled to an oral hearing on their request for waiver, either in person or by telephone conference call.

What is a “compromise”?

A compromise is when the VA accepts less than the full amount owed for payment of a debt or repayment of less than the full amount of an overpayment in settlement and as payment in full for the debt.

When should I ask for a compromise?

You can ask for a compromise at any time after you get notice of the overpayment. If you file a request for a compromise while your request for a waiver is being considered, however, the VA will assume you changed your position on the waiver. They will deal with the compromise first.

Are there any limits to the amount of the debt or overpayment the VA can consider for a compromise?

A debt of $100,000 or more cannot be considered by the VA. However, larger debts are referred to the Department of Justice for review. The VA will not consider a compromise if there is any dispute as to the amount of the debt or when there is any fraud or misrepresentation.

What does the VA consider when deciding whether to accept an offer of compromise?

The VA looks at the following factors to decide whether to accept your compromise offer:

1. If you would be able to repay the full amount of the debt in a reasonable time (usually 3-5 years).
2. Your age and health, as well as your current and future income potential.
3. If you are likely to inherit money.
4. What assets you could use to pay the debt.
5. The costs of collecting the debt.

For more updated information, go to https://www.va.gov/manage-va-debt/.