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

[Vassilis53]

I will be having the same situation and problem as above, award by BVA on July 28th, retroactive payment of effective date, which means have to wait now. Who knows for how long?

[Vassilis53]

I will be having the same situation and problem as above, award by BVA on July 28th, retroactive payment of effective date, which means have to wait now. Who knows for how long?

I will be having the same situation and problem as above, award by BVA on July 28th, retroactive payment of effective date, which means have to wait now. Who knows for how long?

Call Peggy today and she said that the retro payment will take several months to proceed..because of the back load at VARO and decisions, decisions....etc. Disaster again wait times more and more...

Edited August 12, 2014 by Vassilis53

[Sergeant G]

Call Peggy today and she said that the retro payment will take several months to proceed..because of the back load at VARO and decisions, decisions....etc. Disaster again wait times more and more...

I wouldn't rely on Peggy. "She" has limited information, and, in my experience, there have been times when she was completely wrong. Hell, I even went to the regional office in person and they gave me the wrong information regarding the status of retro pay. I finally went to my service representative (who happens to be located on the same floor as the VARO) and he walked down the hall to talk with the manager of the VARO. It turned out that three months had gone by and no one had even touched my file to process the retro pay. Apparently, at the time, there were a lot of new people who didn't know how to do their jobs and didn't bother to ask, and my service officer also added that many of the people who have been there awhile don't know how to do their jobs either. Go figure. If you have a service officer, ask him/her to personally investigate the status and not to rely on what the VA has in their computer system.

[Vassilis53]

I wouldn't rely on Peggy. "She" has limited information, and, in my experience, there have been times when she was completely wrong. Hell, I even went to the regional office in person and they gave me the wrong information regarding the status of retro pay. I finally went to my service representative (who happens to be located on the same floor as the VARO) and he walked down the hall to talk with the manager of the VARO. It turned out that three months had gone by and no one had even touched my file to process the retro pay. Apparently, at the time, there were a lot of new people who didn't know how to do their jobs and didn't bother to ask, and my service officer also added that many of the people who have been there awhile don't know how to do their jobs either. Go figure. If you have a service officer, ask him/her to personally investigate the status and not to rely on what the VA has in their computer system.

Almost one month since BVA award and no retro payment yet, went to RO St. Pete, FL, face to face with customer service supervisor, they told me it will take more than 3 months to clear it up and then if you lucky you get it. The whole system is in shakedown now it takes longer than ever to get awarded or payed.

Actually they haven't even read the award decision yet, never mind the calculations, approvals, singnatures etc. required. Hopefully by the end of the year I expected.

[Vassilis53]

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated August 7, 2014.

We are grateful for your service to our country.

We apologize for the delay in responding to your inquiry. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each in a timely manner.

Our records indicate you submitted a secondary inquiry regarding your claim on August 22, 2014, inquiry XXXXXXXXX. This inquiry has been solved without further response, as your concerns have been addressed in the information below.

It appears a decision has been made on your appeal. At this time, our records indicate the decision is currently being reviewed and processed at the St. Petersburg Regional Office (RO). No other action is needed from you at this time. However, if further information is needed you will receive notification by mail. We are sorry that we are unable to give you a timeframe for this final stage in the appeals process. We appreciate your continued patience.

We will do our best to process this action as soon as we can; however, a request for expedition is not a guarantee, as VA must still allow time for receipt of documentation and evidence, if needed.

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,


National IRIS Response Center Manager
als

Love the "We appreciate your continued patience" but I am still with empty pockets....

[Dinnard]

Got my husband's decision in mid December 2014 granting TDIU. Have received nothing from RO and nothing on eBenefits. Had him call his VSO and he was told it was in cyber space and if he didn't hear anything by June 1 to call him back. His claim was expedited at the BVA and only took 2 months for decision. Seems to me if they determine it meets requirement for expediting at BVA the same should be true for paying the benefits.