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No Retro!

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COOL BREEZE

Question

I just received an IRIS letter stating this-

Dear Mr. Cool Breeze-

Thank you for your inquiry of December 08, 2011.

A review of your records shows that you received a Notification Letter on November 28, 2011. A retroactive payment on December 1, 2011 for $528.00 and a regular payment of $941.00 was received on the same day. The two payments received on December 1, 2011 totaled $1,469.00 and your payment on December 30, 2011 was for $1,479.00. No other retro payments are to be received.

If you have further questions, you may call our toll free number of 800-827-1000 and speak to one of our representatives. You may also write to the Phoenix VA Regional Office, 3333 North Central Ave. Phoenix, AZ 85012, or send us an electronic inquiry through the Internet at https://iris.va.gov.

What the heck? I thought I was waiting for the military retirement to finish there audit, so the VA can pay me 2 years of retro. This is definitely going to my Congressman's office that they are cheating me-this is a Cue claim. How do I go about suing the VA for emotional distress. I am having severe chest pains from this-I'll see what Peggy has to say-someone owes me big time!!

I am not putting up with this *****.

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This is a message I got from an IRIS response for my CRDP. I am posting this so others going through this same process my understand how the VA will repond to an inquiry.

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated March?, 2012.

We are sorry for the incorrect information you may have received from one of our representatives. The audit of your retired pay by your retired pay center (RPC) and the review by VA is not considered a claim, but a review, therefore it does not apply under the same average time frames we provide for claims.

Our records indicate that an audit was completed by your retired pay center (RPC) concerning your VA retroactive compensation payment, which we received on January ? 2012. If your RPC determines the withholdings from your VA compensation should be retroactively adjusted due to CRSC/CRDP eligibility; we will conduct a review, and if we determine a retroactive payment is due, we will process this payment accordingly.

Although we make every attempt to complete actions such as these as quickly as possible, we are sorry we cannot give any timeframe as to when this process will be completed. We generally process actions in the order of receipt, and currently we are experiencing an unusually large backlog. We ask for your continued patience. You will receive notification via U.S. mail once our review has been finalized explaining our decision in detail.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

Donovan W. Thompson

National IRIS Response Center Manager

sdm

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Is my understanding of this issue totally incorrect ?

Unless I'm totally missing the point, when a retired vet's disability rating is under 50%, that amount is deducted, dollar for dollar, from that vet's retirement pay. The neccessary information flows from the VA to RPC (DFAS) on the dollar amount. Once the rating is above 50% (possibly/probably due to an increase in the rating, a process that we all know takes from 9 to 90 months), the veteran automatically becomes elegible for CRDP and the only thing the RPC needs to know is that the vet is receiveing a disability payment/rating above 50% so they can deduct the CRDP offset (currently mine is $5.00). Again the neccessary information flows from the VA to RPC. At no time that I am aware of, does the VA adjust disability payments due to any receipt of retirement pay, the adjustment has always been the other way, retired pay is adjusted due to VA payments.

So, again unless I've been misinformed, there are 2 potential retro payment processes and/or amounts. RPC payments due to CRSC/CRDP eligibility and VA payments due to effective disability rates. At least for me, the RPC process seems to have worked well, a change of VA Disabiltity rating was received sometime prior to 13 Jan, 2012, the RPC issued an adjusted retirement statement reflecting CRDP eligibility showing new dollar amounts on 13 Jan, 2012. I actually received both an increased retirement paymeny amount due to being CRDP eligible, and my increased VA disability payment on 1 Feb 2012. On 29 Feb 2012, RPC issued an adjusted statement and gave me a retro payment for my CRDP eligibilty.

To date, since receiving my "yellow" envelope in late Jan, I have received nothing from the VA regarding my retro payment from them. Again, to my understanding, the only factors concerning this payment are the rating level and amount due for that level for each month since my initial filing for an increase. Nothing from the RPC will affect that. This retro payment should be nothing more than a minor accounting function.

With this in mind, the following statement from your IRIS makes no sense and is totally incorrect, I still am not aware of any process for RPC to affect or withhold any amount from VA compensation, it always works the other way, VA compensation affects, and may offset (and effectively be withheld from) RPC payments. Again, potential retro payment should be nothing more than a minor accounting function and be computed and paid promptly.

>>> If your RPC determines the withholdings from your VA compensation should be retroactively adjusted due to CRSC/CRDP eligibility; we will conduct a review, and if we determine a retroactive payment is due, we will process this payment accordingly. <<<

Ain't government bureaucracies wonderful ??

Edited by Steve G.
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As an update, if you're following the timeline. I received an updates RAS from DFAS on the 17th of Feb. On the 14th of March, I received, what I imagine to be my DFAS retro payment from 2008. It was actually more than I computed. Of course there are no documents (yet?) to understand what they computed. I also think it is weird that they updated my RAS in Feb but it has never posted. Maybe it will post on 31 Mar.

So, in theory, the audit is in VA's hands now. I dunno.

-Mike

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Steve:

My take on it is this: CRDP is a separate program. So they have to go through and pretend it doesn't exist. In VA's eyes, they still either pay a payment that is less than your retirement, or they pay in lieu of your retirement if it exceeds the retirement amount. DFAS then witholds that part which VA is paying. THEN CRDP is put BACK into your retired pay and sent to you, essentially, separately.

So VA has to notify DFAS because they don't really know what your retirement is. And, don't forget there are disabled retirees who DONT qualify for CRDP, so the rules are still in effect. CRDP is a DFAS program, not VA. So, anyway, VA notifies DFAS who then audits, decides what they owe, or what you owe, and returns that audit to VA, who recently decided they were worried about overpaying people.

VA then audits their account, which, as you pointed out, should be faily simple. But I don't know how VA looks at that, is it just another pay action that goes on a pile, or does someone get excited and handle it specially?

My personal problem is that notices are sent that money is coming before they audit anything, then they make payments without telling you what it applies to. Instead, they should figure all this out with your claim and tell you the answer when they decide notify you of the decision. The longer wait for a decision is better than a promise of money owed and pending....

-Mike

Is my understanding of this issue totally incorrect ?

Unless I'm totally missing the point, when a retired vet's disability rating is under 50%, that amount is deducted, dollar for dollar, from that vet's retirement pay. The neccessary information flows from the VA to RPC (DFAS) on the dollar amount. Once the rating is above 50% (possibly/probably due to an increase in the rating, a process that we all know takes from 9 to 90 months), the veteran automatically becomes elegible for CRDP and the only thing the RPC needs to know is that the vet is receiveing a disability payment/rating above 50% so they can deduct the CRDP offset (currently mine is $5.00). Again the neccessary information flows from the VA to RPC. At no time that I am aware of, does the VA adjust disability payments due to any receipt of retirement pay, the adjustment has always been the other way, retired pay is adjusted due to VA payments.

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The CRDP program was completely changed last year as to the way you get paid by the VA. To put in a simple statement:

1. You receive an increase from the VA in disability pay and the following applies:

A: You are a retired military member receiving retired pay(20 years)

2.. The VA automatically sends this info to DPAS once a month(if the deadline is missed-it sits in a holding pattern for the next month)

Once DPAS gets this-it is sent for the audit review-which is only done after the next military pay period is completed. (2-3 months)

3. This audit review is sent back to the VA once a month(they go in batches) Miss transfer date, another month go by.

4. Once the VA receives this, it basically sits for 45 days. Then it will go into development for a review.

5. Presently, I have been told it takes 45-90 days before they review it and you get your retro.

6.. If you were retired member with 20 years, with at least 50% disability from the VA, the DPAS only withholds a small amount-for me at 70% it is only 5.00

Keep in mind this will go away I believe its next year, with no more with holding. This was a program where they included VETS in this category with 50 % or more.

7. However, if you receive less than 50% the DPAS will withhold the amount the VA pays you dollar for dollar. You will get the full amount from the VA.

Keep in mind, the VA is still using the excuse that because of the back log, there is no estimate time when you will receive your retro.

In my case, I just faxed a request to expediate mine due to some major property repairs needed. Not sure if it will work, however if you have a good reason, fax a request to your VARO

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Latest on the timeline:

Dfas paid their retro adjustment on the 14th or so. Statement from DFAS on the 17th "explaining" the payment. It didn't really explain anything except to say it was a supplemental CRDP payment. DFAS produced a new RAS in Feb but it never posted on MyPay. As of this morning, a NEW RAS was posted on MyPay and it appears to be correct. Nothing withheld (100%) and the correct CRDP amount based on updated VA disability %. As far as I can tell, it should be done for DFAS.

Everything points to updated VA Comp payment on 31 Mar, we'll see how that goes. So far it has been 35 days since notification of the % increase and DFAS looks to be done, they've paid their retro and VA should at least be on target to pay the increased percentage. I'll keep you posted on any retro action.

-Grey Mike

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