[Letter To Regional Office Regarding Missing Retro Payment]

Hi,

I was just hoping to get some feedback on a letter I am planning to submit to the Boston Regional Office on Tuesday.

Here is some background information: The BVA awarded a partial grant of benefits last November and I am still waiting for the retro. On January 15, 2013, I went to the regional office for a status check and was told that my file was on the VSCM's desk awaiting his signature. (I am expecting over $25K in retro.) So he has had my file since at least this date and the delay continues. As I explain in my letter, I should have had the money by December 12, 2012.

Anyway, here is the body of the letter:

"The Board of Veterans Appeals (BVA) awarded a partial grant of benefits to me in a decision issued on November 16, 2012. My individual unemployability effective date was changed from July 16, 2009 to December 11, 2007. Accordingly, I am entitled to a retroactive payment of benefits. It has been almost three months and I am still waiting for the funds to be deposited into my bank account.

In its decision, the BVA also remanded a matter to this Regional Office. As you know, matters remanded by the BVA must be handled in an “expeditious” manner as required by law. While this term is not defined, the VA Adjudications Manual M21-1MR (Manual) provides that “pon receipt of a remanded appeal…the DRO, VSCM, or his/her designee ensures that review and development of the remand are initiated within 15 days from the date of receipt.” It further provides that it is “important” that “[t]he VSC should implement BVA’s grant or partial grant of benefits in any favorable decision before initiating development of the remanded appeal.” Merriam-Webster’s Dictionary defines the word “should” as the past tense of “shall.” When used in the context of laws, regulations, or directives, the word expresses an action that is mandatory. A copy of the relevant page from the Manual is attached for your review. In addition, VBA Fast Letter 10-02, which I previously submitted, requires partial grants to be implemented “immediately.” I find it compelling that the author of the letter, Bradley G. Mayes, happens to be the Director of the Boston Regional Office.

The Regional Office received my file from the BVA on or before November 27, 2012; therefore, development of the remanded matter should have been initiated by no later than 15 days, which was December 12, 2012, and the retroactive funds should have been disbursed prior to then. According to the eBenefits website, my appeal has been in the “authorization review” phase since December 6, 2012. As you know, BVA decisions are final and binding on the Regional Office. As such, I am puzzled as to what is left to authorize and review and why there has been a significant delay in implementing the BVA’s order. I received retroactive payments on multiple occasions in the past and each payment was deposited into my bank account within a week of my receipt of the rating decision. It is ironic that now it is specifically required that the grant be processed expeditiously and yet I continue to wait.

Considering the foregoing and my Statement in Support of Claim dated December 6, 2012 (including the attachment of the above-referenced fast letter), I respectfully request that the retroactive payment be deposited into my bank account of record by no later than February 19, 2013. Thank you for your assistance."

Thank you to everyone for the feedback.

P.S. Should this letter not have any impact, I may contact the BVA Ombudsman's Office for assistance. Has anyone dealt with this office and what were the results?

Sergeant G

I had the same problem BVA 11/21/11. no letter or anything till 5/15/12 I fill it's best to go fishing and stop the mind blowing worrying. Remember who you're dealing with.....congrats on decision...

[Feet Pain]

have been with feet pain since discharge, my wife has been my medic for over thirty years helping me with my feet. found this notes in my smr before discharged in 1977. have been seen by vamc for my feet. can this be sirvice connected after all this years? thanks for any reponse.

s-c/o of problems in feet

o-small callouses on both feet

a-callouses

p-heat, and trip

jackdays, I have the same problem, discharged 1976 , received 10% for foot injury and nothing for all the painful callouses. I've learned that callouses are not mentioned as ratable anywhere 38cfr...but Scars are listed and rateable. I''m thinking of filling for Scars, instead of callouses.... but not sure what to do...if you find a better solution let me know..