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

[LarryJ]

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.

.....or, it could be, seeing as how the amount is large, that the "other step" is only that it has to be "signed off on" by someone with authority to okay larger sums of payouts? The "fabled" and oft-hoped-for "third signature" (or, in this case, due to the LARGE amount, maybe the never-before-heard-of "fourth signature")......hey, like my friend, Judy Tenuta, often says, "HEY, it COULD happen!").

[Berta]

WOW- thanks for that updated CAVC info Knifestuff!!!!!!!!!!

I havent had time to read Watchdog in days-full story here:

http://www.vawatchdog.org/09/nf09/nfsep09/nf091109-1.htm

This doesn't alter the proposed incompetency BS but this is a GREAT victory for vets and for NVLSP , etc ,too-

hacarlton- I suggest you print off this case from the VA WAtchdog site or the CAVC and fax it to your VARO and tell them they have no reason to take too long to send you the money-

I might have fax number for the VARO VSM and/or director if you tell me what VARO.

[timetowinarace]

I'm including the article from VA Wacthdog about "EXTRAORDINARY AWARDS" REVIEWS.

I'm thinking the 'extra step' in your case would be the 'second signature' requirement on awards over $25K. It can take another month.

I would make sure this extra step is the 'second signature' and not the "EXTRAORDINARY AWARDS REVIEWS". If it is the review, I'd contact an attorney quickly as they are no longer legal.

COURT THROWS OUT VA'S "EXTRAORDINARY AWARDS" REVIEWS

Federal Court says VA's reviews of large dollar awards "is not in accordance with 'law, rule, or regulation,' and is invalid."

by Larry Scott, VA Watchdog dot Org

-------------------------

Chalk-up a victory for veterans thanks to the Military Order of the Purple Heart (MOPH) and the National Veterans Legal Services Program (NVLSP).

The United States Court of Appeals for the Federal Circuit has thrown out the VA's "extraordinary awards" review program.

The VA began the reviews in 2007 with the issuance of Fast Letter (FL) 07-19 (available for viewing or download here). This required further reviews of awards "...with an effective date retroactive eight or more years or that result in a lump-sum payment of $250,000 or more..." Our original article on this review process is here.

At that time, an attorney who practices veterans' law wrote:

"In essence now the VA Central Office C&P service in Washington will make the decision with regard to the effective date and the amount of the award."

Shortly after that was written, the VA claimed they had found many errors in the "extraordinary awards" they were reviewing. We reported on that here.

From a VA document:

"To date, approximately 230 of these cases have been received. Our review of them has shown a surprisingly high number of errors, especially with effective dates. This high rate of non-concurrence is of concern."

Use our search engine for more about "extraordinary awards" ... click here ...

http://www.yourvabenefits.org/sessearch.

php?q=extraordinary+awards&op=ph

Vets' groups cried foul and the lawsuit was filed.

The Court's decision is here for viewing or download.

In short, the Court said:

We conclude that the procedure, whereby certain regional office decisions are re-determined by the Compensation and Pension Service (“C&P”) without the knowledge and participation of the claimant, does not comply with the extant Regulations, and that its promulgation required the Notice and Comment provisions of the APA. We thus grant the petition and set aside the procedure of Fast Letters 07-19 and 08-24.

You will notice the mention of a new FL numbered 08-24 (available here for viewing or download). The VA tried to do an end-run on the lawsuit by rescinding FL 07-19 and replacing it with FL 08-24, even though the second FL just upheld what was in the first FL, but it used different names for the processes involved in the reviews.

The Court did not like that and wrote:

We agree with the petitioners that the VA’s procedure cannot escape review simply because the VA withdrew the document that initially implemented it, but continued the policy under a new number.

That's called a GOTCHA!

So, where do we stand today?

The VA's "extraordinary awards" reviews are out. But, what does it mean for veterans whose claims have already gone through the review process? I asked an attorney who practices veterans' law for some thoughts on the decision:

The most important part of this decision is that VA illegally took the retro benefits from every person upon which they used either of the Fast Letters to do so. The number of claimants so mistreated is over 200 according to the information that I have. Further, each case involves a very significant amount of money because only significant awards were targeted.

These claimants should not take any chances and should immediately contact a lawyer. Who knows what VA is going to do, but I can assure you what they won't do is contact the people and offer to give them back their money without a fight.

We are talking 10s and 100s of thousands of dollars in immediate payments - my sincere hope is that these people do not try to go it alone and get taken again.

-------------------------

[hacarlton]

This is great news. I forwarded it to my atty.

WOW- thanks for that updated CAVC info Knifestuff!!!!!!!!!!

I havent had time to read Watchdog in days-full story here:

http://www.vawatchdog.org/09/nf09/nfsep09/nf091109-1.htm

This doesn't alter the proposed incompetency BS but this is a GREAT victory for vets and for NVLSP , etc ,too-

hacarlton- I suggest you print off this case from the VA WAtchdog site or the CAVC and fax it to your VARO and tell them they have no reason to take too long to send you the money-

I might have fax number for the VARO VSM and/or director if you tell me what VARO.

[john999]

That is good news because if I win my CUE it will go back to 1971. I was awarded 10% in 1971 when the facts are more in the 70% range.

[broncovet]

This triple checking on very large retros makes me wonder: If the RO could make a mistake on the effective date, in the Veterans favor, is it also not possible for the VA to make a mistake AGAINST the Veteran? That is, why dont they "triple check" all denials before they send them out? After all, we already know many of these are wrong!

I agree with the court in that it does not make sense to slectively "triple check" ONLY FAVORABLE to the Veteran awards..if they "triple check" one, then they should triple check em all, or at least a scientifically random sample.

[john999]

Good point Broncovet. The VA does not even keep track of the number of denials of claims. I think they only do all these checks when the vet gets a load of money.

You know it is an adversarial system. Vets ought to be battering down the doors of the VA to get justice. Can you imagine the quality of claims coming out of the VA now that we have almost 1 million back logged claims? The last claim I filed got a decision that appeared to have been done by a 10 year old foreign student doing an English essay. Cheating vets on effective dates is just one of the many outrages we suffer. Watchdog is doing a series on taking the VA apart brick by brick. If this is how the VA treats "heros" how do they treat average soldiers who just did their best?

[Pete53]

If it were me I would call the VA and ask what other steps? I would also ask my VSO to explain to me.

I think that the large awards need more signatures cause of VA misconduct in past.

Congrats

[hacarlton]

My Atty said that the VA won't change it's laws overnight and that this may indeed slow my money down. The RO MAY send it back to Washington as the new law states they are the ones to set the retro amt. and date. I am also not supposed to know that my case is in this special review.

When I called the 800# this morning I was told that there was an "error" in the rating, and that the rating officer has been working since Aug. 28 to correct it. I am getting more worried each minute.

[LarryJ]

My Atty said that the VA won't change it's laws overnight and that this may indeed slow my money down. The RO MAY send it back to Washington as the new law states they are the ones to set the retro amt. and date. I am also not supposed to know that my case is in this special review.

When I called the 800# this morning I was told that there was an "error" in the rating, and that the rating officer has been looking since Aug. 28 to try and find the KY jelly. You should be getting more worried each minute.

kidding, really, i am............

[john999]

I think the words Veterans Administration and Misconduct are one and the same. They have a record of at least 60 years of misconduct involving cheating vets out of money.

[hacarlton]

I think the words Veterans Administration and Misconduct are one and the same. They have a record of at least 60 years of misconduct involving cheating vets out of money.

From what I understand the decision was made in Aug. and went through the first review all the way up to the signature stage. It has gone back to the rating team twice for "corrections" which are supposedly connected to my IU claim. So, the rater has decided it two times so far and I am waiting on the 3rd.

I won the appeal in June, so it is so frustrating that 3 months later, I don't even know what my new percentage will be.

[Josephine]

hacarlton,

My retro was for 16 years. I had sources tell me that mine went to D.C.

All together it took me about 3 months.

They did award me 3/4 of my money.

Betty

[cowgirl]

Hacarlton, congratulations on getting your hard earned compensation and looks like you are staying on top of it. IRIS is a recordable communication tool I use often as well.

The new change is interesting stuff. My earlier effective date was well beyond the 8 year window but isnt anywhere near the dollars listed. My thoughts, some type of audit should be set up to 'double check' the compensation was correctly and complelely paid. Added caveat for retirees is CRDP, more fun. Curious, I did request an audit and was given a breif letter response that all was in order, no number details though. I havent seen RonII around for awhile here, he was really good with how the numbers worked.

Best to ya,

Cowgirl'up2009!