tdiu Letter To Regional Office Regarding Missing Retro Payment

[Sergeant G]

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

[carlie]

I was not referring to anything to do with IU or 4.16(b),

which probably had little to NO impact, on your IU status to begin with.

I WAS referring to any info or evidence you have to submit to the BVA

that has NOT YET been considered by your VARO.

This is what the Waiver covers and is submitted for.

[Sergeant G]

Thanks Carlie.

I guess I misunderstood you. The BVA remanded my claim to the RO for it to consider an earlier effective date of IU on an extra-schedular basis, which is why I cited 4.16(b). (I forgot to specify that the claim was about IU.) I was under the impression that the BVA can't do anything until the Director of the Compensation and Pension Service denies extra-schedular consideration, and in order for it to get to the Director, the referral has to come from the RO. That's why I thought I wouldn't be able to waive RO consideration in this particular situation. If I can, that would be great. Thanks again for the information.

[Aco5thtrans]

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...

[Sergeant G]

Ok, here's the latest update:

As I mentioned in my last post, the RO completed the rating decision on February 13. I am still waiting for it, and more importantly, my retro. I spoke with my VSO on 2/22 and he said that many of the VSRs are new and don't know their jobs yet. He went downstairs to the RO and gave my file to a VSR on a different team, hoping this individual would finish processing the grant. No luck. I was told that drafting the rating decision was the hardest part of processing a BVA grant and the only thing left to do before processing the payment is to get three signatures for approval. Sounds simple and not very time consuming to me. The VSO was reluctant to involve the VSCM yet because he did not want to get anyone in trouble. Well, the hell with that. The VSRs and their team leaders have had plenty of time to do their jobs and the time for accountability has now arrived. I sent a nice letter to my VSO on Thursday and said, among many other things, that if the retro is not in my bank account by 3/6, I am going to promptly file a complaint with the BVA Ombudsman. Grrrrrr.

[Rodger Dodger]

I received a notification of decision November 2012 and the money hit my bank January 2013. The retroactive pay was over the 25k threshold that Berta mentioned.

Some delays vary regionally.

[imp5c]

Hi

I won my appeal from the BVA on May 19th, 2014. It is now August 8th, 2014. I send out letters to my Senators, Congressman, VA Inpector General, BVA Ombudsman, and the guy who wrote the order at the BVA. At that time I was not aware of the 10-02 Fast Letter or 38 USCA 5109B. I was just very upset that no one has given me any notification since I won my Appeal. I knew it was not right to hold my backpay and/or not tell me what is going on. I am going to write new letters this weekend to the new VA Director and the Director of my VARO. I would like to get an idea of how many other veterans this has happened to. I do not have a problem going to the press and if there are other vets this has happened to I believe this is the time to tell our stories. Thanks -------------------------- imp5c