The Secretary must try in good faith to recover the money from the fiduciary
What the document says“In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made.”
Paragraph (2) of the new subsection (a). Once the Secretary has reissued a payment under paragraph (1), whether in whole or in part, the Secretary is to make a good faith effort to recover the amount from the fiduciary the payment first went to. The paragraph sets the effort as the standard and does not condition the reissued payment on the recovery succeeding.
What the document actually says“In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made.”
The VA pays the money back first. Then it must really try to get it back from the helper.
The law does not make the veteran wait for that. Chasing the helper is the VA's job.
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