So You Have A Debt With The VA
By Petra Carlisle
January 30, 2016                   
          

 

You do have options.........

What is a waiver?

When you request a waiver, you are requesting that we terminate collection action on a debt. If a waiver is granted in full or part, you will not be required to pay the amount that was waived.


What are the eligibility requirements for a waiver?

 

To be eligible for waiver considerations, you must be a Veteran, a payee or beneficiary including a fiduciary, a representative acting on behalf of a debtor such a parent, sibling, or a representative of an estate in the case of a deceased payee.


How do you apply for a waiver?

 

To apply for a waiver, you must submit the following items:

  • Written letter that explains why you are requesting a waiver. The letter should explain why you feel you should not be held responsible for payment of the debt or why collection of the debt would be unfair and create a financial hardship.
  • Completed and signed Financial Status Report form

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

US Department of Veterans Affairs
Debt Management Center
P.O. Box 11930
St. Paul, MN 55111


Can I request an oral hearing?

 

You have a right to request an oral hearing in conjunction with your waiver request. If you choose to have an oral hearing to present evidence before your request is considered, state so in your request for a waiver. If you request an oral hearing, you will be notified of the date, time, and location, prior to your waiver request being referred for consideration.


 

Are there time limitations associated with the waiver request?

Education, Pension and Disability Waiver Request

If you are requesting a waiver for an education, pension or disability compensation debt, you must submit your request within 180 days of the date you were originally notified of your debt.


Loan Guaranty Waiver Requests

 

For loan guaranty program debts, you have one year from the date you sign the certified mail receipt for the original notification letter.

 

Note: If we receive your request for waiver within 30 days of the day of notification, we will suspend any offset action from your current benefits until a decision regarding your request for waiver is rendered.


 

What does it mean when your waiver is granted?

If a waiver is granted in full or part, you will not be required to pay the amount that was waived. A waiver cannot be granted if we determine there is:

  • Fraud
  • Misrepresentation
  • Bad faith on your part that led to the creation of the debt


How are you notified of your waiver decision?

 

You will be notified in writing when a decision regarding your request for waiver is rendered.


Denied Waiver Request

 

If your request is denied, you will be notified of your appeal rights.


Full Waiver Granted

If your request is granted in full, no further collection action will be taken.


Partial Waiver Granted

 

If a partial waiver is granted, you will be notified of the balance and you will be provided appeal rights.

 

Note: If a balance exists on your account after waiver action is completed, you will be asked to contact us and make arrangements to pay your debt. If you are drawing VA benefits, action will be taken to begin offsetting those benefits to recoup any balance that was not waived.

 

Petra Carlisle.  Army veteran.

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