Retroactive VA disability pay for depenents, VA in denial?

[szuhay18]

I was granted 30% last year and paid retroactive disability pay to when I started my claim. I submitted my dependent status form for my wife and 2 kids immediately after my notification, through the mail. I never received a response about it and when I called the VA after 6 months of waiting, they told me it could take up to 12 months or longer to process and receive it, that I would get a notification letter when they finalized it. I called back again after recently and I was told to wait, at which point I asked for a little more help than that, I was forwarded to a woman that looked me up in the system and said the VA never received the form and that since it had been longer than 12 months after my claim approval, that I can not receive the retroactive pay for my dependants (which I've had my entire Army career), and I will only receive the additional amount from the moment I submit it through mail again or through ebenefits...I had no idea I could do it through that website. I did it online and started getting what I should have the next month. Is there a way to receive the money that was entitled to me the entire time since I did my part and they messed up? The VA is sticking to their story that they never received a form from me, I 100% for sure sent it, I didn't even get a packet explaining my disability compensation conclusions...just a letter saying I'll be getting a 30% rating. Thanks in advance.

Edited September 29, 2016 by szuhay18

[Berta]

"  Is there a way to receive the money that was entitled to me the entire time since I did my part and they messed up? The VA is sticking to their story that they never received a form from me, I 100% for sure sent it, I didn't even get a packet explaining my disability compensation conclusions...just a letter saying I'll be getting a 30% rating. Thanks in advance."

I assume this was your first experience with the VA.Welcome to our world!

If this happened to me I would make an appointment to see my C file (and also request a copy of it as well) and if I could get an appointment to see it (it probably is not large enough for a dolly cart yet)

I would go through it to see if the Dependency request was in it, and then I would take a photo or 2 or 3 on my cell phone of it, making sure the background shows it is in the C file and that either the photo is date stamped or you could slip in that day's newspaper date area in the photo  to appear on the photo as well.

And get a VA employee to witness that it is there.

Of course maybe none of that is a good idea....Ask for a copy of your C file via your VARO.Dont tell them what you are looking for because that is when stuff disappears.

It might be in it. After my husband died VA claimed a Peer Review report I needed for my FTCA case had 'never' existed. The doctor who prepared the report and the Regional Counsel VA lawyer assured me the VA had the report and counsel wanted to start settlement negotiations with me based on it. Suddenly the RC and the doctor disappeared. long with the report.

When my C file came, (I had requested it for some other reason) I went through every single thing in it,and here was the critical Peer Review Report, all 6 pages, right at the bottom of the file.

I had to win my FTCA case without it.

That's OK. I used it against them for 2 additional claims I had.

Will the VA lie and manipulate our stuff and even probative evidence ? Sure they will. 

If you can prove it is in your C file (if you can get a VA employee as a witness, get their name, they can be subpoenaed by the VA, and at no cost to you unless that reg changed)you can file CUE on them to recover the proper retro amount.

We are some hardcore VA claimants here.

I learned long ago to always get proof of mailings, and maybe ebenefits has made it easier now for claimants to have an acknowledgement of what they send to the VA. maybe

Even if you use IRIS, ask for a email reply instead of a phone call because they can make stuff up on the phone. Unfortunately, here in NY I cannot tape phone calls without telling the other person on the line...otherwise I would have great documentation of some of the BS they have tried to get me to believe by phone.

 

 

[Buck52]

Way to go Ms berta!  I love it!

[broncovet]

Of course, Berta is correct..if its in your file.  More likely, however, its been shredded.  THey pulled that same BS with me!   I sent the dependents form at least 3 times, and each time VA says they lost it.  When I got my copies of my cfile, the dependent request forms were not there.  

I fought them all the way up to the cavc.  They got away with shredding my evidence so far.  But, they dont know how deterimined I am.   At least one time I submitted the dependent form through my VSO..which they also "lost".  

VA has repeadetly shreded my documents which has resulted in loss of effective dates.  

I filed a "Special Handling Request" (SHR)  due to shredded evidence in 2008 WHICH THE VA ALSO SHREDDED!!!  

But, they did a boo boo.  There are 2 references in my file, by VA employees, to the  SHR.  Oh oh.  They stepped on their necktie.  

Im waiting, tho.  I have some other things in the works, and if it works out, I wont need to file a Writ of Mandamus to compel VA to quit shredding my evidence and to honor the 2008 SHR, which, of course, I have a copy of, along with proof of mailing.  

[MikeHunt]

Go to the Legion, DAV or VFW etc. and ask to look at your both your eFolder in VBMS and Virtual VA folder. This will show any recent documents. Unless it's ancient, it's extremely unlikely they put it in a paper folder, if one even exists.

The first phone clerk would've left a note in VBMS (this is different than VBMS eFolder) and should've also put a form documenting your call in the VBMS eFolder (but probably didn't, or the RO they work for never uploaded it). At this point, the clerk should've filled out the actual dependency form over the phone, or sent the form to you- They didn't do so.

Complain, whine, pester your congressional aide until they go to VA central office's direct line- not just their usual letter to the RO- based on the VA's inaction during that call. Keep complaining until they take that phone call as being well within the one year of an event.

It's difficult to get rid of documents in the VBMS eFolder, but not impossible. I don't know how a clerk would do so in Virtual VA. I don't think the VBMS notes can be deleted easily.

As Bronco said, it's best to go through as many hands as possible when submitting documents. Your CVSO, then the VFW (for example) so there's no question a document got uploaded. Then call 10 days or so later and ask the clerk to

1. Verify they received ALL the documents

and

2. Politely ask them to not only leave a note, but write a report of contact detailing she did, indeed, verify the documents were in either eFolder.

The clerk will also make sure their electronic tracking is correct without you asking.

As Bronco alluded to, clerks HATE dependency and will do anything they can to get rid of it- first and foremost is asking for information they already have- so it gets it out of their purview.

If this happens- Again go to your congressional rep's aide and again, complain, whine, pester until they go to VA central office's direct line. This shouldn't happen to Veterans but does too often.

But, perhaps, as Berta explained,  they hate everything and will use the same tactics of any type of claim- don't know.