Was told I should not have been given a copy of my ruling?

[allansc2005]

OK folks, wasn't sure if this is the right Forum for this question/incident, but it is an Entitlement(I think).

 

Back in January of this year I was awarded, on the spot, P&T IU, as well as an CUE via a RO formal hearing.

After months of waiting, waiting...on some kind of paperwork, not to mention a bank deposit, I decided I would go check with the county VA office.

The county VA office printed me out a 'preliminary' copy of the award, I gave them a smile, a "thank you" and proceeded to the local car dealer, bought a new car, used the award to exempt myself from property taxes on that car, and drove home a happy camper.

The next day the county tax assessors office called me and said they couldn't exempt me from the property taxes on the car because the award I gave them wasn't "official", and that I had 90 days to either come up with an official letter stating I was 100% disabled, or I would have to pay the property taxes on the car, which for a BMW 745 is just under 3k!

What the $%^&?!

Anyway, so this morning I go back to the county office and ask them what's the deal with the so-called "award" letter not being "official"? The Super told me that the clerk should not have given me a copy of the award in the first place, and after asking why not, the Super told me that "The award we printed up for you is not a final decision award, because of the large amount of money involved in your case, the award takes 3 signatures before it's actually approved...and my award hasn't reached that level..."

What?!

Has this happened to anyone else? Should local/county VA offices deny you a copy of your award, no matter what "phase" it's in?

 

Allan

2-2-0 HUAH! 

 

 

[Berta]

Allan, if it is 25,000 or more retro , the SOP is that it would need 3 signatures.Unless that VA policy changed...

Hopefully the actual award letter will arrive ASAP!

 

[Berta]

Here is the skinny on that and I do't think this policy has ever changed- or ever will, as to 3 signatures on awards 25k or more.

https://www.va.gov/oig/52/reports/2009/VAOIG-08-01163-156.pdf

 

It is on Page 8 of the VA OIG report dated 2009.

Edited April 14, 2017 by Berta

[broncovet]

I normally never dispute what Berta says..she is the best, but MACKLEM says "NO".  

This attorney explains why the Extra Ordinary awards (Retro over 25k)  program is prohibited, after the Macklem case:

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

Berta:  Please dont be mad at me, I love your contributions here, and you have helped many, including myself.  However, this article makes it clear after 2010, VA can not "admit" to the EAP.  Im sure they do it anyway, just like they violate other regulations, but this case (Macklem) prohibits EAP.  

Edited April 14, 2017 by broncovet

[broncovet]

Allan

    If the VA tries to pull EAP on you, then maybe you should mention "Macklem" to your attorney if he is unaware of it.  Or, you might need an attorney if the VA tries to back track from that. 

    If you have "actually been awarded" benefits, you should be able to print out a verifying letter on ebenefits that confirms you are 100PERCENT p AND t., EVEN IF YOU HAVE NOT GOTTEN YOUR MONEY FROM va OR A DECISION YET.  

     If the letter you have is from your VSO, no that wont work.  You must have a letter from VA.  Again, you can print your own letter from ebenefits if you have been awarded the benefit.  

Edited April 14, 2017 by broncovet

[allansc2005]

broncovet, as you may know from an article here on hadit.com, the VA claims to be behind on some 30,000+ cases, and has been approved to hire more folks, and to work on weekends, to make up for the slow outcome of cases.

As I stated earlier, I do have my award letter, but the folks at the property tax office claim it's not "official", also, Ebenefits has been slow as hell too, and my award from January still isn't there either.

I read the site that Berta posted here concerning "3 signatures", and from what I can gather, those 3 signatures can take months.

Now my not-so-official award letter is dated 27 January, 2017, which I'm told isn't a long wait time for a larger retro above 25K. As a footnote, my rep estimates my retro at around 100K plus because one award goes back to 1990.

My main gripe is(as I wrote): 1. Why can't the local/county VA offices give me an "Official" award letter, knowing my case was already approved at the RO, in lieu of waiting months for that "white envelope"?

2. Why would "higher ups" tell the county VA offices not to give the veteran their award letter, be it official or not?

Bronco, the award letter I got is not from my VSO, it's from the COUNTY VA office.

 

Allan

2-2-0 HUAH!

 

 

[broncovet]

To clarify, there is no "county VA office".  There are VSO's, some of which work for the county.   In my state, they have "county" VSO's who work for the county government.   Read your letter:  If it says "VA Regional Office", then its from your VARO.   If it says, XX County Veteran Services, then its from a VSO and not official.  Your tax assessor is likely "balking" because you do not have a VARO decision letter.  If you had said VARO letter, then it SHOULD be available on ebenefits.  

VSO offices often notify Vets in advance of their award.  That sounds like what happened.  The county VSO's letter explains its "not official notification".  

 

 If you have a VA REgional Office letter, then that is good, but if its from your "county" VSO office, then I agree its not official.  Im not arguing with you, Im trying to help.  

Im well aware of the backlog.  The VA has essentially been in backlogs since I applied in 2002.  Some times its worse than others.  The appeals backlog is worse..much worse.  The BVA chairman, in his report, says it is now up to 4 or 5 years for a BVA appeal.  (You have to add the number of days together.)  

https://www.bva.va.gov/chairman_annual_rpts.asp