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When Marine was kia, VA gave mother of soldier a monthly

Customer Question
stipend, now they want the...
When Marine was kia, VA gave mother of soldier a monthly stipend, now they want the money back. Is this legal
Submitted: 1 year ago.Category: Military Law
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Answered in 5 hours by:
1/7/2016
Military Lawyer: Peter Griesch,
 replied 1 year ago
Peter Griesch
Category: Military Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified

Perhaps. Do you know what the monthly stipend was being called or treated as?

If it was Dependency and Indemnity Compensation (DIC), then it should not need to be recouped or paid back unless there was an overpayment, or should have been offset by a survivor benefits plan or something else.

To answer your question specifically, without knowing what the payments were, if there wasn't an overpayment, and the person was eligible to receive the payments, there is no legal basis for taking the money back.

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Military Lawyer: Peter Griesch,
 replied 1 year ago

If you have any follow-up questions, please let me know. If not, please remember to rate my response. I only receive credit from Just Answer if my response is positively (three stars of more) rated.

Thank you.

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