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cavscout1967

Second Class Petty Officers
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About cavscout1967

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    hammerman15@hotmail.com
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  • Location
    MN

Previous Fields

  • Service Connected Disability
    60%
  • Branch of Service
    Army

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  1. Update: As got a letter stating they are still doing the withholding because I received separation pay and the never recouped it. HOWEVER, I did repay it as evidenced by the letters dated 1997 award 10% to be withheld until paid back. I placed a call to the VA and they have asked the RO to contact me within 5 days. What a crock of crap. The entire issue is this EXCEPTION (listed below) and the people who are working at the VA and just clicking buttons and are not knowing about it and of course you have no way of actually talking to anyone who can actually fix the problem. I paid it all back PRIOR to this conversion and the first payment I got didn't even start until 2008 almost TEN years after the award. What a bunch of BS III.v.4.B.1.d. Determining Whether VA Has Already Recouped Separation Benefits a Veteran Received Before establishing a withholding to recoup a Veteran’s separation benefit, check the corporate record (by clicking on the MILITARY button in Share and selecting the MILITARY PAYMENTS tab) to ensure VA has not already completed recoupment. If the corporate record shows recoupment is complete, claims processors must ensure the amount of benefits VA recouped matches the amount of the separation benefit the Veteran received. If they do not match, treat the separation benefit currently at issue as unrecouped. Exception: If VA completed its recoupment of a Veteran’s separation benefit in the Benefits Delivery Network (BDN) (prior to conversion to VETSNET), such recoupment will not be evident in Share. If a Veteran had a master record in BDN, claims processors may view data from the record by clicking on the PRECONVSN MASTER RCD button in Share. Claims processors may not rely on data displayed on the STATUS (M11) screen, however, to determine whether VA finished recouping a Veteran’s separation benefit. Instead, claims processors must review entries in the Offset – Recoupment section of BDN award prints in the claims folder to make this determination. Notes: If VA began recoupment of a Veteran’s separation benefit in BDN and continued recoupment after conversion to VETSNET, the balance of the separation benefit that was pending recoupment at the time of conversion will appear in the ORIGINAL BALANCE field on the SEPARATION PAY tab, or DISABILITY PAY tab (if the separation benefit is disability severance pay). The SEPARATION PAY tab and DISABILITY PAY tab are located on the AWARD ADJUSTMENTS screen in VBMS-A. Important: If a determination cannot be made as to whether VA has recouped a separation benefit, ask the local finance activity to assist in making the determination by performing a financial audit. References: For more information on using Share, see the Share User Guide, and VBMS-A, see the VBMS Awards User Guide.
  2. These are the letters. The bottom one is the proposal to reduce. Please confirm adequate proof? My wife and I will be so relieved when this is over. It is super stressful. Thanks everyone!
  3. I have an award letter from the VA dated 1997 that says we have made a decision on your claim and it goes on to say rate entitled $91.00, effective date July 1 1996, amount withheld $91.00.. On the second page it says "you received separation pay of $12,052.92 from the military. The law says we must hold back as many dollars in compensation pay as you received in separation pay. Once we've collected this amount you'll start receiving monthly payments". Seems like this letter should be proof and when I look on ebenefits/VA.gov for pay it shows my very first payment was in 2008 for 10%. I will send that in and hopefully it is proof because I dont have any other. Thanks for all the replies.
  4. Hello, I received a letter from the VA stating they propose to reduce my disability pay down to zero so that 12k in voluntary separation pay will be satisfied. However, I have already paid that. In 1997 I was awarded 10% and told in that award letter that the VA will withhold all payments until the 12k is satisfied. Lo and behold in 2008 I began receiving 10% checks. Now in 2020 I get this proposal because I never paid it according to them. I believe that this is related as to why. I am part of the EXCEPTION GROUP as I repaid prior to this software implementation. This is scaring the crap out of my wife and I and we rely on this money and it is now much higher than 10%. Has anyone seen this before? Advice? III.v.4.B.1.d. Determining Whether VA Has Already Recouped Separation Benefits a Veteran Received Before establishing a withholding to recoup a Veteran’s separation benefit, check the corporate record (by clicking on the MILITARY button in Share and selecting the MILITARY PAYMENTS tab) to ensure VA has not already completed recoupment. If the corporate record shows recoupment is complete, claims processors must ensure the amount of benefits VA recouped matches the amount of the separation benefit the Veteran received. If they do not match, treat the separation benefit currently at issue as unrecouped. Exception: If VA completed its recoupment of a Veteran’s separation benefit in the Benefits Delivery Network (BDN) (prior to conversion to VETSNET), such recoupment will not be evident in Share.
  5. I looked on my ebenefits today and saw that on a "claim for military pay in lieu of compensation was updated/filed in July" Why would this have been filed? I did not file it, and I did not retire from the service. I did have a case that a Court of Veterans Appeals judge was ruling on and my attorney called me a few weeks ago and said the might be open to reviewing IU for me. Is this related possibly? How? I did get a separation payment when I left the service and the VA withheld all disability payments until is was all paid off. It took about 10 yrs but was satisfied. Since then I have received my monthly disability checks with no issues.If anyone can offer opinions about this that would be great. I looked just a minute ago on VA.Gov and see that the claim has now been closed. The purpose of it was listed as Verification of separation pay amount (New)..Does that mean anything to anyone? Thanks
  6. I wrote the wrong thing in my initial post. THE GUY FROM LHI WROTE 'NOT AS LEAST AS LIKELY AS NOT" related to military service. Sorry about the confusion. I am so angry I am having a hard time thinking straight.
  7. That is incorrect. He stated "not at least as likely as not" related to military service. The key being RELATED TO MILITARY SERVICE.
  8. My C&P examiner from MN and LHI decided to solely focus on the fact I drank and then at the end of his report wrote that MH was "not at least as likely as nott" related to military service. Thereby effectively ending my 11 year appeal with his 40 minute interview. It mattered not that I have been sober since 2011. I have been seeing the VA for both medications relating MH control and talk therapy also since 2011on a monthly basis and sometimes during crisis modes more than that. It didn't matter that I am rated 70% for conditions other than MH and witnessed accidents in training and provided proof via buddy letters and newspaper articles. None of that stuff was related according to this LHI guy here in MN. I didn't matter that I needed A WAIVER TO EVEN GET INTO THE MILITARY. A MENTAL HEALTH WAIVER! which is documented in my records and in my claim. Nothing I did as a cavalry scout possibly affected me. Not the Shoulder dislocation that happened in service, not the broken ankle and broken leg that happened in service with 3 steel plates and 7 screws. Not that accident that killed several people right in front of me during a night exercise. All that is documented right in my C file but they are going to listen to this LHI guy and gave me an unfavorable report. Things like this is why you read about veterans in the news. THE VA. THE DESTROYER OF LIVES. My rep at the American Legion said that if I have no additional evidence to just let the board decide it as the remand is complete with the LHI C&P for mental health. Hopeless and depressed and get to just take it as usual.
  9. From what I was told by the person on the phone with the law firm they scan decisions when they are announced at the BVA level and if they see a error or think they can win they reach out to you. It came out of the blue. I had no idea and was surprised when I asnswered the phone and it was a law firm.
  10. I believe that the rating should have been 30% from the date is was first granted as a service connection as thats why I appealed it when they first granted 20%. So if thats how I feel about it then do I need to file a another NOD or can I do nothing since they said in my letter that my claim is still considered to be in the appellate status and further processing will continue unless I advise them that I am satisfied with the decision
  11. Thanks all. I think I need to file a NOD then for an earlier date because basically what the VA is saying is that on Sept 5 2019 is when my nephropathy was worth 30% and I contend it should have been 30% all along. If anyone has any concrete questions they would like me to answer so that they can provide a better answer please ask. I can provide exact dates etc. Thank you
  12. I filed in 2017 and they gave me a 20% rating Sept 8 2017 then I filed an appeal for increase about a month later with my VSO and it was partial granted with an increase to 30% with an effective date of Sept 5 2019 according to my letter. This entire thing is worded weird. I have no idea whats going on. THE BOARD OF VETERANS APPEALS REMANDED YOUR APPEAL ON SEPT 8 2017. WE MADE A DECISION ON YOUR ENTITLEMENT TO VA BENEFITS is what it says on the top of the letter. My appeal was remanded to them on Sept 8 2017 and then on page 2 of the letter it goes on to say The evaluation of left upper arm radiculpathy is increased 30% effective Sept 5 2019, which is the date we received your claim and the earliest date factually ascertainable that a increase in your case is warranted. So they say one thing in one part and another somewhere else. Confusing hence my questions. It also states in my letter that "your claim is still considered to be in appellate status and further processing will continue unless you advise us that you are now satisfied with the decision"
  13. GBArmy- Thank you for the response. I want to be clear though as I am still slightly confused. With the date I have given I should expect zero retroactive pay?
  14. Hi, today I received notification that my nephropathy rating was increased from 20% to 30% with an effective date of Sept 5 2019 which was the date I went to see the LHI doctor who examined me. Does this mean I am getting 5 days worth of back pay? I can provide more information written verbatim or pictures if needed. I just don't know what to provide to get answers. Thank you
  15. I have an appeal from 2011 that was partial granted 20% with a back date to 2011. I was contacted by Bergman and Moore law firm and they want to try and get the 20% award increased. My question to you folks is if I accept this offer from them and lose at the CAVC can I lose my already approved grant? Will appealing it delay the back pay award or will there be two backpay awards? Thank you
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