Retro Pay Issue

[hacarlton]

I won a claim at the BVA after 11 years. They sent it to the RO to determine eff. date and retro. pay amt. Now the RO tells me that since the Retro exceeds 250k, it has to go through another step. Can anyone advise on how long this takes? Thanks in advance for your help.

[Berta]

Is this a mental disability claim? If so they might attempt to propose you are incompetent and then seek a payee-

In some cases this is good protection for the vet- in other cases it is VA BS to stave off sending the cash-

What is your award for?

I suggest in my Getting an IMO topic here that any vet getting an IMO for a mental disorder have the DOC maske a statement that they are competent to handle their own funds- to stop the VA at the pass on that one.

ANything over 25 thousand in retro will prompt them to propose incompetency for mental disability awards.

[Berta]

forgot-one other possibility-I won a six figure FTCA settlement and it had to be handled separatel;y that regular finance dept here in VARO Buffalo- maybe that is case here and not incompetency

[hacarlton]

I read the Comp. and Pen. exam and the examiner stated that I am able to manage my own funds. It is for PTSD and IU.

[Berta]

GOOD! _ I am assuming they need to handle this maybe by signing off in VACO-

It should not add too much more time.

Then again- when I won FTCA the OGC said the check was in the mail (actually they meant electronically sent)-it didnt come into my account after a month so I called OGC and asked them where my money was-and to start adding a thousand a day to the settlement -I had a signed agreement only valid when I got the cash-

Tim- VA GC attorney was exaspertated with me at this -I was legally right-he referred me right away to the guy in VACO Finance who cuts these FTCA checks- he got right on it-

I think this is the case here- VACO in DC probably has to cut the check-

IRIS system might give you better info however.

[knifestuff]

Big headllines--Court of Appeals for the Federal Circuit threw out this procedure of the VA--CAFC 2008-7076, dtd Sep 10, 2009. VA can no longer do these reviews--huge deal. Now, the question for all--think the VA's gonna tell everyone affected by this, especially the folks that had been adversely touched by these reviews in the past? More well-deserved headcahes for the VA. Encourage everyone to look hard at the case; good overview is at vawatchdog.org. Remains to be seen just what the fallout will be.

[carlie]

I won a claim at the BVA after 11 years. They sent it to the RO to determine eff. date and retro. pay amt. Now the RO tells me that since the Retro exceeds 250k, it has to go through another step. Can anyone advise on how long this takes? Thanks in advance for your help.

Awards in this amount require a couple of extra signatures.

It shouldn't take a great deal of time.

carlie