Retro Payment

[aggie54]

Can someone please explain what they did here with my retro payment. I only received $11,012 and seems to me like they withheld a large portion.

My question is, will I get this money back? and if not why was it withheld?

My retirement check from the Military is $2663 a month, would this have something to do with it. (CRDP

Edited June 21, 2013 by aggie54

[Berta]

That is a good question.

I see you are 100%

Based on this CRDP info, I dont understand why they withheld a lot of retro:

http://militarypay.defense.gov/retirement/CONCURRENT/

Those audit statements from the VA that you attached are VERY difficult to interpret.

Did they make any statement at all regarding what they withheld?

I have received a few audit statements like this over the years and one had a major error.They had completely forgot to add in at least a whole year of DIC due to me.

At first I thought the statement was correct.But I went over it a few times and it was wrong.

I questioned the audit and they sent me the retro they still owed me.

[aggie54]

No Berta, they didn't explain anything at all. This along with the decision documents are the only things I received. Last year in May I received a partial decision of 90% with a retro deposit of $26,996. This retro was released to me after the Military had audit my records to make sure I wasn't over paid or owed them any money. All this time I have been paid as a single veteran, with a dependency claim pending. Anyway, I just received the rating for one of the deferred medical issues, which put me over 100% plus SMC for my left eye. So once they made this last and final decision I was under the impression that all money issues were no longer an issues with DFAS, and I would receive the retro for the difference

of 90-100%, having said that, I had figured they would owe me in the ball park of around $38000, and as a single veteran. I know the dependent claim is separate, and that claim will be paid separately. So for now I'm at a lost, and I don't have any ideas on what my next step should be, or who to talk too. This is just to much money to forget about it especially being on a fix income.

Thank you Berta for such a quick responce. Hopefully something good will come out of this, and fairly quick.

Aggie

[qrdgv2tebc]

I HAVE NOT BEEN IN HADIT FOR A LONG TIME, DUE TO MEDICAL PROBLEMS.

I PUT IN FOR A&A BACK IN OCTORBER 2012, RECEIVED A LETTER TODAY,DATYE JUNE 20/2013. BBUT I AM CONFUSED BY THE RATING, I ALSO PUT IN FOR AN INCREASE OF MY RIGHT SHOULDER[WENT FROM 30% TO 50%] EFFECTIVE DATE OCT/12/2012.

IT STATES YOUR AWARD AMOUNT AND PAYMENT START DATE

YOUR MONTHLY ENTITLEMENT AMOUNT IS SHOWN BELOW

MONTHLY ENTITLRMENY AMOUNT-3,368.00

PAYMENT DATE-NOV 1,2012

REASON FORCHANGE-SPECIAL MONTHLY COMPENENSATION ADJUSTMENT, IT ALSO SHOWS COST OF LIVING ADJUSTMENT AND MINOR CHILD ADJUSTMENT THIS IS WERE THE CONFUSION FOR ME COMES IN, IT ALSO STATES

WHAT WE DECIDED

ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION BASED ON HOUSEBOUND CRITERIA BEING MET IS GRANTED FROM OCT,12,2012[iS THAT AN SMC AWARD OR NOT]

MORE CONFUSION THEY DENIED ME A&A BECAUSE I AM NOT BEDRIDDENS OR CONFINED TO MY HOME,ECT,ECT

1. THEY GRANTED S.M.C BASED ON HOUSEBOUND CRITERIA BEING MET

2. DENIED A&A, SOME ONE PLEASE EXPLAIN THIS TO ME.

IN 2012 THE COURT RESTORED MY PTSD 70% TO ME, IT WAS TAKEN AWAY FROM ME IN 2005, HAD A LAWER TAKE CAREOF THIS FOR ME, VA RESTORED MY S/C BACK TO ORININAL DATE OF 1997, [iS THERE ANY RETRO PAY INVOLVE IN THIS } LET ME KNOW, VA DID NOT ADDRESS THIS IIN MY CLAIM 2012, ALL THEY ADDRESS WAS MY SHOULDER AND A&A.

I HAVE BEEN TDIU SINCE 2002

IN 2012-RESTORED MY PTSD-70%

IN 2012- S/C FOR HEART-60%

IN 2012-INCREASE IN RIGHT SHOULDER-50%

PAID AT THE 100% SINCE 1997.

I WOULD APPREICIATE ANY HELP WITH THIS, ALSO PLEASE EXCUSE ANY MISTAKES I MADE, AS I AM LEAGALLY BLIND BY THE VA STARDARDS BUT MY BLINDNESS DID NOT HAPPEN IN SERVICE, SO NOT S/C.

IF ANYONE WOULD LIKE TO TALK TO ME IN PERSON[i WILL CALL YOU} PLEASE GIVE ME YOU NUMBER, SEND IT TO barbell102@yahoo.com, THANK YOU.

[Berta]

“NTITLEMENT TO SPECIAL MONTHLY COMPENSATION BASED ON HOUSEBOUND CRITERIA BEING MET IS GRANTED FROM OCT,12,2012[iS THAT AN SMC AWARD OR NOT]”

YES THAT IS THE SMC S HOUSEBOUND AWARD.

“IN 2012 THE COURT RESTORED MY PTSD 70% TO ME, IT WAS TAKEN AWAY FROM ME IN 2005, HAD A LAWER TAKE CAREOF THIS FOR ME, VA RESTORED MY S/C BACK TO ORININAL DATE OF 1997, [iS THERE ANY RETRO PAY INVOLVE IN THIS } LET ME KNOW,”

I AM GOING TO ASSUME the 70% AWARD WAS A TDIU.

IN THAT CASE, I THINK YOUR QUESTION IS >>>SHOULD VA HAVE MADE THE SMC S HB AWARD RETRO TO EITHER 2005 OR MAYBE EVEN 1997?

NOT SURE IF THAT IS YOUR QUESTION>

IF VA HAD MEDICAL EVIDENCE OF THE POTENTIAL OF HB SMC ENTITLEMENT,PRIOR TO THE RETRO DATE THEY GAVE YOU IN 2012<

AND IF THE 70% WAS A TDIU DETERMINATION PRIOR TO OR IN 2005 ,THEN THE VA SHOULD HAVE AWARDED YOU RETRO FOR SMC S BACK TO TE APPROPRIATE DATE OF ENTITLEMENT<WHEN THE MEDICAL EVIDENCE REVEALED YOU WERE ELIGIBLE FOR SMC.

BUT I NEED TO REVIEW BRADLEY V PEAKE AND DONT HAVE TIME RIGHT NOW...MAYBE SOMEONE HERE WILL OPINE ON THAT DECISION AS TO THE RETRO DATES INVOLVED.

BRADLEY V PEAKE IS HERE IN OUR SMC FORUM.

SMC MIGHT NOT HAVE BEEN A PREVALENT ISSUE WHEN YOU WERE FIGHTING THE REDUCTION (GOOD FOR YOU) BUT SMC CPNSIDERATION IS MANDATED BY STATUTE WHENEVER THE MEDICAL EVIDENCE WARRANTS IT REGARDING THE 100% or TDIU PLUS 60% REGS.

IF VA SHOULD HAVE <BUT DIDNT CONSIDER YOU FOR SMC SOONER < THEY COMMITTED A CUE.

I WON A CUE ON THAT BASIS ABOUT A YEAR AGO

GLAD YOU ARE BACK HERE BARBELL>>>HAVE YOU ASKED YOUR CAVC LAWYER THIS QUESTION TOO?

[Berta]

I HAD A MINUTE TO GO OVER A POST i MADE HERE RE: BRADLEY IN 2011.

I WAS CONCERNED ABOUT THE RETRO DATES OF BRADLEY>

HOWEVER, MY HUSBAND DIED 19 YEARS AGO WITH 30% SC< then 100% SC P & T POSTHUMOUSLY.

HE ALSO HAD A SECTION 1151 100% STROKE . IN A 1997 DECISION VA FAILED TO CONSIDER HIM FOR SMC.

VA GRANTED THE CUE.

I GUESS BRADLEY DID NOT AFFECT MY CUE RETRO SMC CLAIM AT ALL BUT ANXIOUS TO SEE WHAT OTHERS SAY ON YOUR SITUATION.

"if a veteran (whose clinical record or other evidence VA had) was not considered for SMC, then it is possible that decision contains a CUE.


I thought at first Bradley would help my CUE claim.But I never used it.

The VA is mandated to infer SMC in every claim that the evidence would warrant SMC consideration.

The VA could then consider and deny SMC- but if they do not infer it and consider it in the first place-when the medical evidence in their possession indicates they should-than this is a CUE.

Any award of 100% SC or TDIU should warrant consideration of SMC if the clinical record supports it.

This applies to all Section 1151 disabilities as well as SC disabilities.

For any potential better EED due to SMC retro-the clinical record at time of decision that did not consider SMC or if it did, denied SMC, has to have contained clear and convincing evidence that would have warranted SMC consideration."