Navy62Spouse

Berta, I’m so glad they responded to your IRIS and you had a chance to add information. Keep us posted on how this goes. Yes, should be interesting for sure. I contacted IRIS myself last May, which produced a new claim for reviewing the retro amount. Cleveland VARO ended up sending it to the pension center in Wisconsin (which covers Ohio). Nothing was done until the end of October and all WI pension center did was send a letter saying the amounts I had on my chart were wrong and theirs were right...case closed. So....I completed the NOD they mailed and sent a letter attempting to spell everything out very simply. I explained how the BVA Appeal, Decision and Order to pay (all 3) state the correct percentage amounts that were paid and how this coincided with the chart I had prepared...and sent copies of these documents. I will give them until the end of January and check on the status with Iris again. Any thoughts on this?

Thank you for that info Berta. No, I do not have proof that I faxed as I fax from home...although I may be able to set it so that it would print it out. The first time I called, they sent the audit report quickly. The second time, I faxed and they sent another audit report within a week (although with very different amounts). Neither of the audit reports are correct. ..not even for the amount they did pay. They are about $66,000 shy of the full amount due. Who did you contact that went above regional counsel? The letter and flow chart I created & sent explains how things were done incorrectly. They started with the higher percentage shown as paid. For example, 2006-2009, they show that 50% was paid, but actually only 30% was received then...so they ended up paying a 50% difference instead of paying 70% difference. It is like this at each staged increase figured (they are off by 20%). Then there is s period at the end that simply wasn’t paid st all...possibly because the percentages were off. I sent a copy of the decision letter and the order letter as well, because they show what is supposed to be paid and the correct percentages with years of what was actually paid. Who did you mail your letter to with you calculations? i can try calling them again next week and see if they are working on it. Any other ideas of avenues we might pursue? Thank you!

Thank you, I did call the VSO in Cleveland. They told me to fax request to them. I completed a 21-4138 Statement of Support form as they requested and asked for a review of the award. They sent yet another letter in response to the “request for an audit”. This one showed benefits paid amounts by year with completely different figures than the first “request for audit” response showed. So, I created a yearly report myself, which showed actual amounts paid, at what % rate, amount that should have been paid, and the difference. I included a copy of the BVA decision showing the percentage rates and years and the order to be paid letter. I submitted yet another request on another 21-4138. I explained how I now had two audits showing different amounts and how I was submitting the correct ones. I faxed this to them the end of January, then again the beginning of this month. Is there another form or another route I should be taking. I am not getting any responses now. The decision is absolutely correct on all counts, percentages & dates. It’s simply the orders that were not followed and the calculations that were done incorrectly. Thank you!

Yes, and I know that Cleveland VARO are not exactly rocket scientists. That's good to know that Tony Millions helped push things along. I think I will begin with the White House hotline number & see if I can get any help there. Would be great if we could just avoid the Cleveland VARO completely. Thank you so much for your help. I'll let you know what happens.

Berta, thank you very much for that info! Yes, you are right...the best VSO is right here! I'm so glad we never used a VSO! I used to be a program specialist for social security disability, so that experience has served me well for writing appeals and making correlations between the evidence and regs. I went through the audit figures with a fine tooth comb, made sure I was using the right years for figures. It took awhile, but finally figured out how they came up with their figures. Since this was a staged increased claim over a span of 11 years, it wasn't easy. My spouse had begun at 30% on effective date, then a couple years later increased to 50, then a few years went to 70, then later 100. The retro was to be paid at 100% IU back to effective date 12/2006, beginning 1/2007. They broke down the audit into 6 time periods and paid the difference in rate. They began with a rate difference of 50% for the first two periods (spouse was getting 30%, so should have been 70% diff), then went to 30% (which was correct), then went to 70% for next 3 periods (first two of these should have been 50%). Then, they stopped and missed the time period 1/13 to 11/14 entirely. At least I can explain what was done and what needed to be done to them. per your suggestion, I will start with the White House number first and see where it progresses from there. Again, thank you so much!!!

Berta, I am just wondering if these are still current contact numbers for the VARO director and veterans service center manager in Cleveland Ohio. Who would you contact for a miscalculated retro payment? Thank you!

BRoncovet, thank you so much for your response. It is much appreciated! Yes, I am aware that the effective dates begin the month after. Yes, I am sure that these figures are incorrect, especially once I figured out how they come up with the figures they have. They bounced back & forth between percentages and time periods, starting at 50% then went to 30%, then jumped to 70%. They didn't even pay an amount for the time period 2/13-11/14. They are about $67,000 off. What would the White House hotline number be? Is there anyone at my VARO in Cleveland Ohio I could contact like th director (as you suggested)?

I posted previously that finally, after 11 years, won retro back to effective date of 2006. The deposit made it to the bank, but the amount was incorrect. I've been handling this for my spouse all along. So, I called and asked & they said to send in a 21-4148 asking for an audit. We just got a reply from this request. The reply stated that they took snapshots but don't go back that far. However, they did include a breakdown of six time periods that result in the figure deposited last month. Finally, after much figuring differences, COLAs, etc, I figured out that these time periods were figured at the wrong rate received in the past...and therefore the difference rate paid is incorrect. This was a staged increased claim rating through the years and the BVA Granted TDIU back to effective date of 2006 with 100% rating currently. My spouse received 30% 2006-2009, but when they figured this, they figured this as 50% received. Then, it drops down to 30% for the next period, then up to 70% received (when spouse was actually receiving 50%). All the figures are incorrect for the time periods. Then, it just stops at 1/13 and doesn't retro anything past that. It should be retro to 2006-10/2014 because from then to present was 100% rating. The letter about this audit from the RO states that if award is incorrect to ask Veteran Services to review the award. Are they talking about a VSO? We have handled our own case since the beginning. Does anyone know who we could contact to correct this? Thank you!

Thank you all!!!!! Broncovet--here are the details: The orders sent from BVA to the AMC stated disability rating of 70% granted as of 12/13/06. It also states TDIU granted from 12/13/06. I had already calculated monies with each years COLA and deducted monies received. VA would be paying varied differences through the years between 30, 50 & 70% (amounts received as percentage increased) from 12/06 through 11/22/14. However, the deposit stated it was for 4/01/09-11/30/11 period. It seems really strange that the middle portion was paid. It doesn't even make sense with the times of the increases (12/06-2/09 at 30%, 3/09-12/12 at 50%, 1/13-10/14 at 70%). We just received notice from the AMC that effectuated the BVA's decision, which states monthly entitlement at the different rates of COLA and lists each year 1/2007 to present, listing the 100% amounts. All I can figure is that this was the simplest part of this time period to figure as COLA was the same between 4/09-11/11. Otherwise, COLA changed yearly. Would the AMC make several payments? Thank you for helping to sort this all out!

After 11 years of continuous appeals and staged increases (30% to 50% to 70% to 100%) through those years to 100% scheduler as of 11/2014, the BVA granted retro of scheduler 70% and TDIU back to effective date of 12/2006! One month after BVA letter, a large deposit hit the bank (but less than expected), it stated it was for 4/2009-11/2011 (the middle part of this period). Since the percentages had increased through the years, will the VA be issuing separate deposits for the difference of each of these increases? I guess I just expected to receive one lump sum. So happy and glad that the fight is finally over! Now, just want to make sure the money figures are correct. Thank you all for your continued good advice!!!

The RO sent a letter stating they were sending the claim back to the BVA. The evidence/argument I had sent to the RO took 12 days to reach the RO (sent 1st class, certified, signed receipt). It arrived there the day of or after the RO letter arrived here stating it was being returned to the BVA...so I knew it had not been associated with the file or scanned into it. So, I resubmitted the argument and evidence, along with the RO waiver on top of everything and sent it to the BVA....via Priority Express mail with signed receipt. It wasn't cheap, but is guaranteed a 2 day delivery. I did discover from the post office that certified 1st class has no time guarantee of delivery...and we couldn't afford for it to take another 12 days. The docket number for this claim is 09, so it should be in a VLJs hands fairly quickly.

Here's an update to the appeal. Looks like the argument/evidence we sent was delivered end of the day on 9/12/17 (the 30 day Mark). Evidently, the VA predates their 'sent back to the BVA' letters as that letter arrived 9/13/17. So, the evidence we sent would not be associated with the C-file at this point. My question is, should I just go ahead and send this packet, with the RO waiver, to the BVA...even if it might beat the C-file there? And, also send just the RO waiver to the RO, just in case they pull it back when they discover the new evidence? Thank you so much for your responses! I really appreciate it!

Oh, believe me, I have the receipt from the post office. I ran the tracking number and strangely, it just arrived at the Cleveland post office today...mailed from Columbus on 9/1/2017. I have never seen first class mail travel that slow. It did arrive at the VARO today. Today was the 30 day deadline. Im wondering if it's maybe a good thing that the evidence/argument are delayed. I mailed it before I ran across the RO waiver, so that is NOT included. Maybe the RO will certify the claim to BVA, then locate the evidence and send it to the BVA as well. I figure once it goes back to the BVA & they let me know about it, I'll have 90 days to submit anything at that point, right? So I could resubmit what I just sent to them & also include an RO waiver so that the BVA will keep it and decide it...hopefully, without any further remands. Does the above plan sound reasonable? Or should I take further action while its still at the VARO?

I am new here & posted a longer history in the PTSD section. I have a (hopefully) quick question. I already sent my argument to SSOC with some new evidence in a week ago. The claim is at the Cleveland RO currently (which I hear is the worst) on a remand from BVA. Can I send in an RO waiver at this point, or will the RO be reviewing evidence/developing from what I just submitted? In looking at CFR 38 & M21-MR, It sounds like the waiver only applies if the claim is currently at the BVA & prevents them from remanding to the RO for evidence review. Should I resubmit what I sent with this waiver or just sit back & wait u til the RO certifies again & returns it to the BVA? We only have until 9/12/17 to respond within the 30 days. Also, this was mailed certified, return receipt 9/1/17 and still says 'in transit' on the usps tracking. Any thoughts? Thank you!

Porgee, thank you for your response. I already sent my argument with evidence in a week ago. The claim is at the Cleveland RO currently (which I hear is the worst) on a remand from BVA. Can I send in an RO waiver at this point, or will the RO be reviewing evidence/developing from what I just submitted? In looking at CFR 38 & M21-MR, It sounds like the waiver only applies if the claim is currently at the BVA & prevents them from remanding to the RO for evidence review.

Hello everyone! I have been lurking here for awhile, soaking up the knowledge & appreciating everyone's input. I really like the fact that I do not see fear-based responses to questions about EED appeals when the veteran is rated 100%. I found this to be the case on other sites. I am the spouse of a Navy veteran who became unemployable/disabled in 2006 due to PTSD/bipolar and have been appealing this same decision now for 11 years (all NODs filed timely). The claim has staged ratings now with PTSD/Bipolar being SC as of 2006. Like many claims, it went from 30% to 50% to 70% through the years, increasing after each C&P. Finally, it went to TDIU, then 100% with SMC housebound, but with EED 11/2014 (date of C&P). It is currently a BVA remand, sent back to RO via AMC for addressing EED and questioning etiology of cognitive disorder beginning 2006. Another C&P in 2015. Now SSOC received from RO stating earlier EED denied for increased rating and etiology unclear. I reviewed the remand. RO Was incorrect on at least 2 things and did not read C&P, except for the end. I wrote a good argument, citing what remand asked for, what evidence showed and cited court cases, ect in support. I wrote this on behalf of my spouse & signed it accordingly. Evidence not even list in the SSOC was the VA psychiatrist my spouse has been seeing for the past 11 years, which I stated. I included some disability reports the psychiatrist had completed for other places through the years and stated those may be new & material evidence. I quoted everything & listed evidence, trying to connect all of the dots for them. SSA disability is also in C-file, listed for same diagnosis and onset date. Now, with that history in mind, I am wondering if I should have included a waiver to RO and had the whole file sent back to the BVA. Or, should I wait and let them review evidence, prepare new SSOC, hoping that they connect the dots back to EED & maybe won't need BVA? I am still within the 30 day window to respond. Thanks for your time in reading this!