Login|Contact Us
Question and Answer

Military Law

Ask a Military Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

The VA sent me a notice disputing my 07 means test compared

 
LawHelpNow's Avatar
  • Answered by:LawHelpNow
  • Attorney/Lawyer
  • Positive Feedback: 93.7 %
  • Accepted Answers: 199
Verified Expert
in Military Law

Recent Feedback

Positive
Thank you for the professional help!
Positive
Thank you
Positive
Just what I needed. So thorough and the answers have been so needed! Thank you!
Positive
Thank you! it was just wait I needed to progress my case.
Positive
Thank you for your advice, it was timely, well thought and well worded. Knowing...
Positive
Timely, Thorough and consistent with other legal consultants.
Positive
Thank You for the great advice and the information provided for me to make a...
Positive
Informative and quick response.

Customer Question

The VA sent me a notice disputing my '07 means test compared to my '07 tax returns claiming I made an extra $29,000. which in turn put me over the threshhold of "paid for benefits". The truth of the matter is that the amount they claimed to be an asset was a minus (deficit) -$29,000. as clearly shown on the tax returns I mailed to them. They are charging me co-pays and deductibles retroactive from '08 which is unfair. Please help. Thank You.
Shmuel Brodsky (xxx-xx-1981) XXX@XXXXXX.XXX

 

Optional Information:
State/Country relating to question: New York

Already Tried:
mailing the VA copies of my '08 IRS returns, certified mail.

Submitted: 792 days and 5 hours ago.
Category: Military Law
Value: $45
Status: CLOSED
Picture
Expert:  LawHelpNow replied 792 days and 2 hours ago.

Hello and thanks for choosing Just Answer®.

 

I am a licensed attorney and will be glad to try and assist you. To provide you with accurate information, could you please clarify these points:

 

  1. Have you been disenrolled from health care coverage?
  2. Did you receive "Form 4701 VHA, Your Rights to Appeal Our Decision"?
  3. If so, have you exhausted the steps listed therein?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer replied 791 days and 22 hours ago.

<p>1- no, but they sent notification to the medical facility where I receive care to initiate bills for applicable medical copays. I will be charged copays for each 30 day or less supply of medications provided by the VA. I do not have any other insurance and I can't afford this in my life. I need the VA health care. </p><p>2- yes, 2/17/11</p><p>3- no</p>

Picture
Expert:  LawHelpNow replied 790 days and 23 hours ago.

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with veterans' benefits experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. Thank you for writing back with the additional information, which was helpful to my analysis of your inquiry. My apologies for the delay in getting back to you, which was on account of a computer issue. I have performed some system updates and am back on line, but I am sorry for any frustration.
  3. First of all, please allow me to extend my heartfelt gratitude for your prior military service to our nation. Turning to your question, here is how this all works. There is an administrative law doctrine known as exhaustion of remedies. What this means is that you must take all of the steps outlined in Form 4701 VHA, Your Rights to Appeal Our Decision. Only after doing so can you seek a higher level of intervention, so your first step would be to complete any unfinished steps outlined in that publication. Should that fail to remedy the situation, here is my best recommendation. I have seen folks spend so much time wading through various departments that they end of losing benefits through the expiration of time. Therefore, I would suggest that you call toll-free(NNN) NNN-NNNN This is the direct line for Income Verification and Means Testing.
  4. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "Bonus" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer replied 790 days and 22 hours ago.

Thanks but I knew all that. Maybe I wasn't clear in what my request was. During the process of the appeal in which I must write the verification board with my disaggreement with their ruling, I wish to make sure they do not implement their ruling immediately causing me a setback in my medical procedures and medications. As I stated before, I cannot afford all the threats they implied to charge me through no fault of my own. What can I do if they do in fact do that?

Picture
Expert:  LawHelpNow replied 790 days and 22 hours ago.

Hello again,

 

Many thanks for the clarification, which paints a rather different picture.

 

Would this be a fair statement of your question?:

 

  1. While following the steps outlined in Form 4701 VHA, Your Rights to Appeal Our Decision, will my benefits stop during that process or will they continue until a final decision is reached?

Thanks again!

Customer replied 790 days and 19 hours ago.

Yes. That is my main concern. Thank You.

That not only will they not stop my benefits but that they do not implement their decision to invoke deductibles and copays until the final board hearing. Don't I have one year from the date of their notice to make my appeal which was 2/17/11?

 

Also where can I find a free veteran advocate to work with me before the board hearings?

Accepted Answer

Picture
Expert:  LawHelpNow replied 790 days and 17 hours ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome -- my pleasure to be of service.

 

I will be glad to comment further -- please see below.

 

I do ask that you kindly press "Accept" to process my answer.

 

  1. "Don't I have one year from the date of their notice to make my appeal which was 2/17/11?" Yes. Your understanding is indeed correct. You have one year in which to file your Notice of Disagreement. There is no form promulgated for this purpose. All you need to submit is written notice that you disagree with the determination. This is discussed in more depth in Form 4107. I would definitely also recommend that you carefully review the resources mention therein such as explanatory pamphlets.
  2. "Also where can I find a free veteran advocate to work with me before the board hearings?" This is a very wise inquiry on your part. For your jurisdiction, you should contact the New York Division of Veterans' Affairs. It is important to do so without delay to exercise your rights (i.e. financial hardship, ongoing medical necessity, etc.) to avoid any interruption in your benefits and/or health care.

 

I hope that helps a bit more and that things work out properly for you in this matter.

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click "Accept" -- this is the only way I get paid for my work and services provided.]

Expert TypeAttorney/Lawyer
Category: Military Law
Pos. Feedback: 93.7 %
Accepts: 199
Answered: 3/10/2011

Experience: Relax. Let's work together. Practical solutions.

Ask this Expert a Question >
 
Tweet

Military Lawyers are Online Right Now

Ask Your Question Now
Military Law Questions Date Submitted
Enlisted in USAR transferred to IL ARNG. Re-enlisted. Did not 5/1/2013
How do I get my share of BHA that he has been receiving for 4/29/2013
My attorney sent a subpoena to my husband's military unit for 4/29/2013
I am looking for help. My husband joined the army for all the 4/28/2013
My son is 18 and just signed for National Guard this year. 4/28/2013
I met him through loveagain.com last month ago , he introduced 4/25/2013
Hello, would my Naval Officer, 0-4, husband be in any violation 4/20/2013
my husband was in the airforce for 20 years.( I was married 4/20/2013
I am in the U.S Army, I have been given an evaluation from 4/16/2013
RA-gz 4/15/2013
RSS
Next 10 >
Ask A Military Lawyer
Type Your Military Law Question Here...
characters left:

Top Military Law Experts

See More Military Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Military Law

  • Dependency and Indemnity Compensation
  • UCMJ Treason Laws
  • Punitive Discharge Questions
  • Military Administrative Discharge
  • Special Court Martial Questions
  • Good Conduct Medal Regulation
  • UCMJ Article 32 Questions
  • Military Promotion Questions
  • Military Retirement Laws
  • Military Survivor Benefit Plan
All Military Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Military Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
176 Military Lawyers are Online Now
Type Your Military Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan