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Decision Letter 112022

The VA sent Daniel Furesz a letter informing him that his benefits had been adjusted due to his incarceration from May 2021 to May 2022 for a felony conviction. His benefits were reduced starting in July 2021 and reinstated in full in May 2022 upon his release. The letter provides details on his past and current monthly benefit amounts, evidence considered, his right to appeal the decision, and actions he needs to take regarding any future changes in status that could impact his benefits.

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Daniel M. Furesz
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0% found this document useful (0 votes)
344 views11 pages

Decision Letter 112022

The VA sent Daniel Furesz a letter informing him that his benefits had been adjusted due to his incarceration from May 2021 to May 2022 for a felony conviction. His benefits were reduced starting in July 2021 and reinstated in full in May 2022 upon his release. The letter provides details on his past and current monthly benefit amounts, evidence considered, his right to appeal the decision, and actions he needs to take regarding any future changes in status that could impact his benefits.

Uploaded by

Daniel M. Furesz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
You are on page 1/ 11

November 7, 2022

DANIEL MARTIN FURESZ We have included with this letter:


PO BOX 5183 1. Explanation of Payment
2. Additional Benefits
BERGENFIELD NJ 07621-5183 3. Where to Send Your
Correspondence
4. VA Form 20-0998
We made a decision on your VA benefits. 5. Fraud Prevention Attachment

Contact information:
Dear Daniel Furesz: Web: www.vets.gov
Phone: 1-800-827-1000
TDD: 711
This letter will guide you through the information you should know To send questions online: visit
and steps you may take now that VA has made a decision about your https://iris.custhelp.com/
benefits.
Social Media:

We wrote you on August 30, 2022 and advised you of our proposal to Twitter: @VAVetBenefits
Facebook: www.facebook.com/
reduce your payments because you were incarcerated in a penal VeteransBenefits
institution in excess of 60 days for conviction of a felony. We have
now taken our proposed action. Your representative:
You appointed NEW JERSEY
DEPT OF MILITARY AND
Your Benefit Information: VETERANS' AFFAIRS as your
A review of your file shows you were incarcerated May 20, 2021, for accredited representative. They
have also received a copy of this
incarceration of a felony conviction. Therefore, we adjusted your letter.
benefits effective July 20, 2021, the 61st day of incarceration following
incarceration of a felony conviction. We have reinstated your full They can help you with any
benefits effective May 19, 2022, the date you were released from questions you have about your
incarceration. (Applicable Laws and Regulations: 38 CFR 3.4, 3.31, claim.
3.665, 38 USC 5313) If you or someone you know is in
crisis, call the Veterans Crisis Line
Your monthly entitlement amount is shown below: at 1-800-273-8255 and press 1.

Payment
Total VA Amount Amount
Start Reason
Benefit Withheld Paid
Date
$2,858.24 $2,727.30 $130.94 Jan 1, Cost of Living
2014 Adjustment
$2,858.24 $0.00 $2,858.2 Oct 22, Incarceration
4 2014 Adjustment
$2,906.83 $0.00 $2,906.8 Dec 1, Cost of Living
File Number: 26979276
FURESZ, DANIEL M

Total VA Amount Amount Payment


Reason
Benefit Withheld Paid Start Date
3 2014 Adjustment
$2,915.55 $0.00 $2,915.55 Dec 1, 2016 Cost of Living Adjustment
$2,915.55 $2,781.98 $133.57 Oct 11, 2017 Incarceration Adjustment
$2,973.86 $2,837.62 $136.24 Dec 1, 2017 Cost of Living Adjustment
$2,973.86 $0.00 $2,973.86 Feb 23, 2018 Incarceration Adjustment
$3,057.13 $0.00 $3,057.13 Dec 1, 2018 Cost of Living Adjustment
$3,106.04 $0.00 $3,106.04 Dec 1, 2019 Cost of Living Adjustment
$3,146.42 $0.00 $3,146.42 Dec 1, 2020 Cost of Living Adjustment
$3,146.42 $3,002.28 $144.14 Jul 20, 2021 Incarceration Adjustment
$3,332.06 $3,179.42 $152.64 Dec 1, 2021 Cost of Living Adjustment
$3,332.06 $0.00 $3,332.06 May 19, 2022 Incarceration Adjustment

We are currently paying you as a single Veteran with no dependents.

If payments are due, you should receive your first payment, if not already in receipt of payments,
within 7-10 days of this notice.

See Explanation of Payment for more details about your payment.

Your payment will be directed to the financial institution and account number that you specified.
To confirm when your payment was deposited, please contact your financial institution.

If this account is no longer open,

please notify us immediately.

Evidence Considered
In making our decision, we considered the following evidence:

● Correspondence from you, received on April 04, 2022


● VA 21-4193 Notice to Veterans Administration of Veteran or Beneficiary Incarcerated in
Penal Institution, received on July 12, 2022

Page 2
File Number: 26979276
FURESZ, DANIEL M

● New Jersey Department of Corrections offender search print, received on August 29, 2022
● Due Process Letter, dated August 30, 2022

What You Should Do If You Disagree With Our Decision


If you do not agree with our decision, you have one year from the date of this letter to select a
review option in order to protect your initial filing date for effective date purposes. You must file
your request on the required application form for the review option desired. The table below
represents the review options and their respective required application form.

Review Option Required Application Form


Supplemental Claim VA Form 20-0995, Decision Review Request: Supplemental
Claim
Higher-Level Review VA Form 20-0996, Decision Review Request: Higher-Level
Review
Appeal to the Board of VA Form 10182, Decision Review Request: Board Appeal
Veterans’ Appeals (Notice of Disagreement)

Please note: You may not request a higher-level review of a higher-level review decision issued
by VA.

The enclosed VA Form 20-0998, Your Right To Seek Review Of Our Decision, explains your
options in greater detail and provides instructions on how to request further review. You may
download a copy of any of the required application forms noted above by visiting
www.va.gov/vaforms/ or you may contact us by telephone at 1-800-827-1000 and we will mail
you any form you need.

You can visit www.va.gov/decision-reviews to learn more about how the disagreement process
works.

If you would like to obtain or access evidence used in making this decision, please contact us by
telephone, email, or letter as noted below letting us know what you would like to obtain. Some
evidence may be obtained online by visiting www.va.gov.

Thank you for your service,

Regional Office Director

cc: NEW JERSEY DEPT OF MILITARY AND VETERANS' AFFAIRS

Page 3
File Number: 26979276
FURESZ, DANIEL M

Explanation of Payment
We Have Withheld Benefits
Our records indicate that you have been incarcerated for more than 60 days. The law states that
VA compensation benefits must be reduced to the 10% rate for any Veterans with an evaluation
of 20% or greater, or half of the current award amount for any Veteran with a disability
evaluation of less than 20%. Upon your release, we will resume your full VA compensation
benefits.

This adjustment results in an overpayment of benefits to you. You will receive a separate letter
from VA's Debt Management Center that provides the exact amount of the overpayment and
notifies you of your rights to request a repayment plan and/or a waiver of the debt. We know
managing a new debt can be difficult, but we'd like to work with you on some options that can
help. We encourage you to visit www.mymoney.gov and www.consumer.gov for helpful
financial information.

We are currently paying you as a single Veteran with no dependents.

Please Take Action: What Things Affect Your Right to Payment?


Please notify VA immediately if there is a change in any condition affecting your right to
continued payments. If you don’t notify us of these changes immediately, you may have to return
any overpayments. Those changes include:

Evidence received shows a change is warranted.


Military Pay or Worker's Compensation: Your payments may be affected by the following,
which you must bring to our attention:
● Reentrance into active military or naval service.
● Receipt of armed forces service retirement pay, unless your retirement pay has already been
reduced because of award of disability compensation.
● Receipt of benefits from the Office of Federal Employees Compensation.
● Receipt of active duty or drill pay as a reservist or member of the National Guard.
Dependents: If you have a disability rating of 30 percent or more, you must advise VA of any
change with your spouse or children.
Hospitalization: If your award includes Aid and Attendance benefits, we may reduce this
additional allowance if you are admitted to a hospital, nursing home, or domiciliary care at VA
expense.
Incarceration: Benefits will be reduced if you are incarcerated in a federal, state, or local
penal institution for more than 60 days for conviction of a felony.
Lack of Cooperation: We may stop monthly payments if you:

Page 5
File Number: 26979276
FURESZ, DANIEL M

Evidence received shows a change is warranted.


● fail to submit evidence we requested,
● fail to attend a VA examination when requested, or
● Submit false or fraudulent evidence to VA, or cause false or fraudulent evidence to be
submitted to VA.
Fraud/Lying to Government: The law provides severe penalties, which include fines,
imprisonment, or both, for the fraudulent acceptance of any payment to which you are not
entitled. We may verify information you submit through computer-matching programs with
other agencies.

Additional Benefits
Education, Training, and Student Loans:
● Education loans: For more information, please call 1-888-GIBILL-1 (1-888-442-4551) or
visit www.vets.gov/education.
● Veterans with student loans: For more information, please call 1-888-303-7818 or visit
www.disabilitydischarge.com/.

Medical Care and Treatment:


● Mental Health Counseling: For more information, please visit www.myhealth.va.gov/mhv-
portal-web/.
● Blind Rehabilitation: For more information, please visit www.va.gov/blindrehab/.

Home Adaptations/Loans, Automobile Benefits, and Life Insurance:


● Loans: For more information, please visit www.benefits.va.gov/homeloans/.
● Funding Fee Refund: If you paid a funding fee at the closing of a VA guaranteed home loan
and your VA compensation award provides an effective rating date that was prior to your
loan closing date, then you may be eligible for a funding fee refund. Please contact either
your current mortgage servicer or a VA Regional Loan Center at (877) 827-3702 to begin
the refund process.

Armed Forces Commissary and Exchange:


● You may be entitled to Armed Forces Commissary and Exchange privileges. Honorably
discharged Veterans with a service-connected disability; Former Prisoners of War; Purple
Heart or Medal of Honor recipients; military retirees; members of the reserves; and their
dependents may qualify for entitlement to this additional benefit. For more information,
please visit va.gov/resources/commissary-and-exchange-privileges-for-veterans.

Page 6
Where to Send Your Correspondence
Documents may be submitted by mail, in person at a VA regional office or electronically.
However, VA recommends submitting correspondence electronically as this is the fastest method
of receipt.

VA provides several tools to assist in electronic submission. To learn more about how to submit
documents and claims electronically, visit www.va.gov/disability/upload-supporting-evidence.
You can also go directly to access.va.gov to digitally upload any correspondence using
QuickSubmit.

By visiting www.va.gov you can also check your claim status and learn about other VA benefits.

If you need assistance, you can find a local, accredited representative at


https://www.benefits.va.gov/vso/

If you prefer to mail your correspondence, please use the related mailing address below:

Compensation Benefits Pension & Survivors Benefits


Department of Veterans Affairs Department of Veterans Affairs
Compensation Intake Center Pension Intake Center
P.O. Box 4444 P.O. Box 5365
Janesville, WI 53547 Janesville, WI 53547
Toll Free Phone: 1-800-827-1000 Toll Free Phone: 1-800-827-1000
Toll Free Fax: (844) 531-7818 Toll Free Fax: (844) 655-1604

Board of Veterans’ Appeals Fiduciary


Department of Veterans Affairs Department of Veterans Affairs
Board of Veterans’ Appeals Fiduciary Intake Center
P.O. Box 27063 P.O. Box 5211
Washington, DC 20038 Janesville, WI 53547
Toll Free Fax: (844) 678-8979 Toll Free Phone: 1-800-827-1000
Toll Free Fax: (888) 581-6826

These addresses serve all United States and foreign locations.

You can also send a text message to


838255 to receive confidential support
24 hours a day,
7 days a week, 365 days a year.
For more information, visit
www.veteranscrisisline.net

WTSYC v7 (11/20)
YOUR RIGHT TO SEEK REVIEW OF OUR DECISION
This document outlines your right to seek review of our decision on any issue with which you disagree. You may generally
select one of three different review options for each issue decided by VA. However, you may not request review of the same
issue using more than one option at the same time. Below is information on the three different review options.

Supplemental Claim Higher-Level Review Board Appeal

A reviewer will determine An experienced claims A Veterans Law Judge at the


whether new and relevant adjudicator will review your Board of Veterans' Appeals
What Is This? evidence changes the prior decision using the same (Board) will review your
decision. evidence VA considered in decision.
the prior decision.

You are adding or identifying You have no additional You must choose a docket:
new and relevant evidence to evidence to submit to support
support your claim that we did your claim, but you believe Direct Review - You do not
not previously consider. there was an error in the prior want to submit evidence or
By Selecting decision. have a hearing.
This Option VA will assist you in gathering
new and relevant evidence You can request an optional, Evidence Submission - You
that you identify to support one-time, informal conference choose to submit additional
your claim. with a Higher-Level Reviewer evidence without a hearing.
to identify specific errors in
the case, although requesting Hearing - You choose to
this conference may delay the have a hearing with a
review. Veterans Law Judge.

Goal To 365 days on average for


125 days on average 125 days on average Direct Review (longer for the
Complete
other options)

Form To File VA Form 10182,


VA Form 20-0995, VA Form 20-0996,
Decision Review Request:
To Select This Decision Review Request: Decision Review Request:
Board Appeal (Notice of
Option* Supplemental Claim Higher-Level Review
Disagreement)

Further Options You may request another You may request a You may request a
After This Supplemental Claim, a Supplemental Claim or a Supplemental Claim or
Decision Higher-Level Review, or a Board Appeal. appeal to the U.S. Court of
Board Appeal. Appeals for Veterans Claims.
Review
* All forms listed above are available at www.va.gov/vaforms/.

For most VA benefits, you have 1 year from the date on your decision notice to request a decision
review to ensure the earliest possible effective date. Consult your decision notice for specific limitations.

If you do not submit a decision review request within the required time, you may only seek review through the following:
• A request to revise the decision based on a clear and unmistakable error, or
• A Supplemental Claim. If you file a Supplemental Claim after the 1-year time limit, the effective date for any resulting
award of benefits generally will be tied to the date VA receives the Supplemental Claim.

VA FORM
FEB 2021 20-0998 SUPERSEDES VA FORM 20-0998, JAN 2019
Page 1
While most decision review options are available to you, there are limitations based on the type of decision you received.

• If you are a party to a contested claim - such as claims for apportionment, attorney fee disagreement, or multiple
parties filing for survivor's benefits - your only option for disagreeing with your decision is to file a Board Appeal
within 60 days of the date on your decision notice.

• If you are seeking review of an insurance decision you have an additional option to challenge VA's decision by
filing a complaint with a United States district court in the jurisdiction in which you reside within 6 years from when
the right of action first accrues. Consult your decision notice for details on what options are available and where to
send the request.

Get Help with Your Review Request:

For more information on all the available review options, contact us at 1-800-827-1000 or visit www.va.gov/decision-
reviews/. If you need help filing a decision review, you may want to work with an accredited attorney, claims agent, or a
Veterans Service Organization (VSO) representative. Additional information about working with an accredited attorney,
claims agent, or VSO representative is available at www.va.gov/decision-reviews/get-help-with-review-request/. You
may also find a directory of accredited representatives at www.va.gov/vso.

VA FORM 20-0998, FEB 2021 Page 2


Fraud Prevention: Protect Your Benefits

Please contact the VA immediately at 1-800-827-1000 if you suspect


your information is compromised.

• You receive correspondence from VA concerning a claim, and you don’t


remember filing a claim contact the VA at 1-800-827-1000.
• You receive correspondence requesting a processing fee prior to releasing
benefit payments contact the VA at 1-800-827-1000.
• VA may check in with you by phone, email, or text message. The VA will
never ask for personal information via email. This includes verification of
your SSN, address, and/or bank information. If you are unsure about any call,
email, or text, confirm details directly with the VA.
• VA does not threaten claimants with jail or lawsuits.
• Be cautions of telephone numbers on caller ID. Scammers may change the
telephone number (spoofing) to make a call appear to come from a different
person or place.
• When in doubt, hang up and call VA directly at 1-800-827-1000, or call your
Power of Attorney representative (DAV, VFW, etc.).
• Do not ignore emails or letters from the VA notifying you of an update to
direct deposit or eBenefits account information. If you don’t remember making
changes, it could be the first sign your information was compromised.
• Use secure, unique passwords, and two factor identification where available.
To establish a more secure logon for Vets.gov and ebenefits.va.gov with two
factor identification create an account via ID.me at
https://api.id.me/en/registration/new
• Monitor your accounts regularly, respond to fraud alerts and report
unauthorized transactions promptly.
• To learn more about protecting yourself from fraud, and how to report it visit
https://www.va.gov/oig/hotline/default.asp, or go to VA.gov and search “Office
of Inspector General”.
• For more details on how to avoid scams go to https://www.fcc.gov/veterans-
targeted-benefits-scams
• Download free financial scam awareness resources at
https://www.consumerfinance.gov/about-us/blog/helping-prevent-scams-
targeted-veterans/
• Get up-to-date information on fraud and scams from the Federal Trade
Commission https://public.tableau.com/profile/federal.trade.commission

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