Research - Rehabilitation - Re-Employment

Sgt. Shaft 05/12/2003

Dear Sgt Shaft,
I have what I think should have been a very simple problem, but I haven’t been able to get timely answers. I hope you can help me. I was incarcerated for a felony which resulted in my VA Compensation being reduced to the rate payable for a ten percent disability. I was not aware at the time that I wasn’t entitled to full benefits for the period of my incarceration or that my wife needed to apply for an apportionment of my benefits. As soon as I became aware of the proper procedures, I immediately started the processes to have the benefits payable to my wife for her and our daughter. It was very confusing though and in spite of many calls, I couldn’t find anyone willing to help. I was just told to complete more paperwork and that it would take time to resolve the problem. Months went by and very little happened. I was told I had to pay back all of the money that was paid to me for the period of my incarceration and in spite of letters from both my wife and myself, an apportionment was not made. We exhausted all of our savings and came close to loosing our home. Recently I received a letter from VA saying that they could not grant an apportionment for the time of my incarceration because I have been released. What about all the money that was withheld. There was no intention on my part to mislead anyone or to defraud the Government. Obviously if I had known that all I had to do was notify the VA of my incarceration and ask that the money to be paid to my wife, there would not have been an overpayment issue. As it stands, since we have a joint checking account all the money was received by my wife and was used by her to pay the mortgage and our normal bills.

The latest letter that I received from VA indicates that the overpayment issue has been cleared up, but it really hasn’t. For a three month period VA states that I am only entitled to payment at the ten- percent rate. I was actually paid at the full rate for that period and the VA later decided to reduce the entitlement. My wife however had to continue to pay the mortgage and to provide care for our daughter. Shouldn’t VA be guided by the intent of the law, which is to provide for the dependents of incarcerated veterans? Since this money was paid and used by my wife as the law intended, why cant the VA waive any collection of this money and alleviate the hardship on my family. Since the entitlement was there and the only error was really of a procedural nature, because my wife and I were unaware of the applicable regulations, couldn’t the VA look on this as what is the intent of the law and not were all the technicalities met. Is that asking too much? Sgt. Shaft, I served my country in Vietnam and although I had some problems later after leaving active duty, I have managed to turn my life around. I now am a regular volunteer at the VA Hospital here in Washington, and I am looking forward to a new life of service to my family and my fellow man. I have learned much from my recent experiences. I hope you can help to resolve this situation.

Fred H. 
Alexandria, VA.

Dear Fred,
I have shared your dilemma with top officials at the Veterans Benefits Department of the VA. Since there was no intent on your part to defraud the Government, I have recommended that the VA use their compassionate waiver power to reinstate the benefits that had been withheld from your family.

SHAFT KUDOS
The Sarge is once again looking forward to joining fellow members of the National Press Club, other media representatives, and guests at an upcoming Club luncheon honoring our nation’s veterans on May 23. This event will feature remarks by a very special guest: fellow veteran and esteemed actor and director Ossie Davis, whose late sister, Essie Davis Morgan, shared her skills as a long-time employee of the Department of Veterans Affairs. Ossie will again be the Master of Ceremonies at this years Memorial Day extravaganza on the mall.

Ossie Davis has been working on the American stage and screen for nearly 50 years. He and his wife, and frequent collaborator, actress Ruby Dee, are longstanding political activists who were highly visible during the height of the civil rights movement and continue to speak out at rallies for progressive and humanitarian causes. After a stint in the Army during WWII, Davis debuted on Broadway in 1946, playing the title role of "Jeb". His numerous roles on Broadway include the lead in "A Raisin in the Sun" (succeeding Sidney Poitier). In 1961, he wrote and starred in the Broadway hit, "Purlie Victorious", which he then adapted for the screen as "Gone Are the Days" (1963). He also wrote the book for the Broadway musical "Purlie." His movie credits include "No Way Out" (1950), "The Cardinal" (1963), "The Hill" (1965), and "The Scalphunters" (1968). He was writer-director of "Cotton Comes to Harlem" (1970) and subsequently directed "Kongi's Harvest" (1971), "Black Girl" (1972), "Gordon's War" (1973), and "Countdown at Kusini" (1976). He has since appeared in several films of Spike Lee: "School Daze," (1988); "Do the Right Thing," (1989); and "Jungle Fever" (1991). His most recent film credits include "Grumpy Old Men" (1993) and as a jurist in "The Client" (1994), a role he recreated in the TV spin-off. Davis along with his wife were most appropriately celebrated as “national treasures” when they received the National Medal of Arts in1995.

Anyone interested in attending the Press Club Luncheon should contact Pat Nelson at 202-662-7500

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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