allenwilliams42 Posted December 5, 2014 Share Posted December 5, 2014 Hello Hadit Members! My last post was I recevied a rate increase from 70% to 90% in which VA sent my award information to DFAS for audit. DFAS return the paparwork back to VA after one month stating there is no money due. I receive a call from VA stating that it would take 4 to 6 months to award my Retro. This claims have a back date of 2006 for some contentions and 2010 for other. My questions is does it take this long for back pay? If so can I submitt my NOD for the contentions I feel VA low ball my rating without affecting my RETRO payment. In addition I trying to submit an appeal for my clothing allowance in which VA stop paying after 10 years due to not a device cover under clothing allowance law. I feel VA misguided veterans with the dual clothing allowance in other to get them out of the grandfathered clause in order to deny their allowance. How can I get my allowance reinstated? Thank Allen Link to comment Share on other sites More sharing options...
MRRRR5 Posted December 5, 2014 Share Posted December 5, 2014 Hello Allenwilliams42 and thank you for your service. Since your retro is back to 2006 and some back to 2010, the calculations will have to be done for each year based on the authorized disability rate as well as effective dates. Reference the clothing allowance, I would submit an appeal and let it go to BVA for a decision. As far as submitting the NOD, you can submit them now if you have already received the written decision letter explaining the increase; however, if I was in your position, I would not submit my NOD just yet and let them my retro paid to me first, keeping in mind that you have 1 year from the decision to submit the NOD; so if they (VA) says the retro will take 4-6 months to process, that leaves you with about 6 months to submit the NOD. The reason I would do it this way is if the NOD is submitted before the retro is complete, it may just hold up the retro until the NOD is finally adjudicated (just my opinion), so if you feel as though you can wait another 12, 24, or even 36 months to get the retro, you should file it promptly. Again, the above is just my opinions based on the information you provided and what I would do in a similar situation. Jerrel 1 Link to comment Share on other sites More sharing options...
allenwilliams42 Posted December 28, 2014 Author Share Posted December 28, 2014 Thanks MRRR5 you right I thinks it best to wait for the retro payment. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted December 28, 2014 HadIt.com Elder Share Posted December 28, 2014 No way it should take 6 months to figure retro. If the VA was paying interest on that retro they would do it in 6 days. Let's think about the fact you get no interest on money owed to you for many, many years sometimes. This is outrageous. If you owe the IRS money they get fines, interest etc. yet you get just your correct retro if you are lucky. Why this miserable double standard? We know why. The government is cheap and treats those it owes money like dirt. If you owe those bastards money they will take the food out of your children's mouths to get it. Think about that on the 4th of July or Veteran's day next time. John Buck52 and georgiapapa 2 Link to comment Share on other sites More sharing options...
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