Decision Letter 112022
Decision Letter 112022
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
If payments are due, you should receive your first payment, if not already in receipt of payments,
within 7-10 days of this notice.
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.
Evidence Considered
In making our decision, we considered the following evidence:
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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
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.
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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.
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File Number: 26979276
FURESZ, DANIEL M
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/.
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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 prefer to mail your correspondence, please use the related mailing address below:
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.
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.
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.
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.