Retroactive Back Pay.

[Archer]

My claim is scheduled to close tomorrow for my backpay.

Does anyone know if it does close how long till the backpay hits the bank?

Also does information only get updated on our claims whenever the site is down?

[Lemuel]

On ‎8‎/‎11‎/‎2018 at 9:19 AM, Berta said:

"When studying the appeal of the FTCA claim, I discovered "Petition to Appeal" Provisions to bypass the BVA and CAVC in the Federal Appeals Court Rules. "

"A FTCA claim has nothing to do with the ROs, BVA, or CAVC.

If a Section 1151 claim was also filed for the same negigence/malpractice basis, the a successful FTCA settlement would garner a 1151 award- which is subject to offset due to the settlement with USA. A Section 1151 claim has all appellate rights, same as any other claim."

Thanks for the reply, Berta.

I found the Feres Doctrine a road block.  I'm trying to get around it by going to Navy and VA regs through the Board for Correction of Military Records and VA Compensation as the remedy for 38 CFR 3.154 malpractice.  Haven't found the appropriate Board for Correction of Naval Records regulations yet but have seen decisions from years ago to get what I want for a combined remedy.  I'm leaning heavily on Section 4 of the 14th Amendment as well as other Amendments to get past Section 8 of Article I.

At the same time I have a lot of decisions with CUE including a BCNR decision that I have petitioned to review at the 10th.  Couldn't get them before the CAVC or the BVA because the AOJ wouldn't certify them by turning a blind eye to them in all but the last claim for CUE.  And then they denied it based upon not filing within a year.  But I did file within a year and did issue NODs when they weren't granted but the AOJ did not certify to the BVA.  So I have it all documented except some documents that have been removed and I can prove they were removed by references in other documents by reviewers.

I'm upbeat at the moment but it can all come crashing down.  Now I'm working hard to get my brief down to the limit of 30 pages or 13,000 words.

Edited August 12, 2018 by Lemuel
left out important part

[kendall84]

Received my Decision Letter on March 19, 2019 after reopening my initial claim in December 2018. Got my rating increased from 90% to 100% and I have yet to receive my back pay. 

[VetGirl86]

On 4/4/2019 at 7:29 PM, kendall84 said:

Received my Decision Letter on March 19, 2019 after reopening my initial claim in December 2018. Got my rating increased from 90% to 100% and I have yet to receive my back pay. 

I’m in the same boat... got a decision letter March 28 along with a proposed incompetence letter and I still have received back pay either. Called the 1800 # and they just keep reading a script. 

[Lemuel]

It is the luck of the draw. 

Should be less than 60 days if you don't have an attorney getting a chunk.  I've waited over the 60 days now but my retro goes back to September 16, 1985 and the audit is complicated by several decisions and especially delayed decisions.  For example, I was paid for a May and June hospitalization in 1993 in 2002.  The schedule the Attorney received as an interim worksheet doesn't have to payment for that correct whether it is paid by the day or each month was 100%. The VA changes practices on these regularly.  That was one payment that was received in the bank before I received the award letter.

I've received the payment in the auto deposit at times before I received the reward letter. 

In May of 2017 I received a back pay to 2009.  My award went to another person with my rare first name and I got his rejection.  Took a couple of months to straighten that out.

[Lemuel]

On 8/10/2018 at 11:01 AM, broncovet said:

Wow.  Pro Se Brief.  Yes, do keep us posted.  That is amazing.  

Update

I now have an open Pro Se petitions at the CAVC on the Godsey v Wilkie Decision to get my old remands processed back to the BVA. 

An attorney was able to get my old extraschedular TDIU claim to the Executive Secretary, Compensation Services and it was granted back to September 16, 1985, the last day of my full time employment.  Waiting for the audit to finish for the back pay.  Because the attorney gets 20% the VA allows itself 60 days for processing.  That time is up from the April 16, DRO Decision finalizing the Executive Secretary's Decision.

I have appealed, in Pro Se, the negative decision by the CAVC to the CAFC.  In preparing for it I discovered the attached November 26, 1994 Substantive Appeal that the Denver VARO told the VA OIG didn't exist in 1998 when I was living homeless without my files in DC.  I don't know how I missed it in my review of my file at the DC VARO unless it was in a missing folder in 1998.  Anyway it is there now.  And it affects everyone that had a TBI before 2008 and were only granted TBI ratings not more than 1 year from their filing after the law was passed for the TBI rating.

The November 26, 1994 Substantive Appeal also should have gone to the Executive Secretary under 38 CFR 3.321.  I didn't ask for the CAFC to set aside the rules and rule on remanding or mandating the 11/26/1994 to the Secretary by did state it was within their jurisdiction to do so under Rule 2.

Some who have received TBI awards in 2008-2011 may be interested.  At the time 38 CFR 3.155 allowed a broader "next of friend" claim.  I forwarded documentation to nvlsp a firm that does class action for veterans. "info@nvlsp.org"  It probably won't make any difference for me because I already have back to 1985 and the earliest next of friend claim date for others is 1988.  I haven't received a reply from NVLSP yet.  Might take a person or two affected besides me to contact them referencing my material as an EED claim.  Or just go it alone with a claim either with or without an attorney referencing the unadjudicated 3.155 claim I submitted for them.

There are two possible EED (earlier effective date) actions for those of us that had SC TBI prior to 2008. 

My 1988 District Court case filing, 38 CFR 3.155 in 1994 and 38 CFR 4.42 because the C&P exams were strictly limited to what the RO ordered and examiners were not allowed to include "other affected body systems" as required.  So, for example, if you claimed a leg injury from a blast in which you were unconscious for hours, particularly more than 24 hours, your TBI may not have made the hospital summary and was ignored as mine was until I obtained the inpatient records (IPTR).

Many individuals who suffered multiple trauma and were hospitalized for more than a week are not even aware of how long they were unconscious.

Personally, I have a new decision granting me TDIU back to my last day of full time employment which was September 16, 1985.  So the only avenue for EED for me is 38 CFR 4.42.  Temporal lobe epilepsy is subtle in presentation.  If you weren't followed up for your TBI with an EEG and neurobehavioral testing 6 months later (which was supposed to be included in your first "injury" examination you may find it is the cause of your inability to find and maintain employment.  Although we don't notice it ourselves, others consider us "drifty" or inattentive.  We are unconscious of the episodes and even deny them..

 

19980720 VARO Den response to OIG_Redacted.pdf 19941126 Lem to BVA sub appeal copy Cheye_Redacted.pdf 20200626 Lem reply Appellee corrected brief 20-1675.doc

[Lemuel]

On 4/4/2019 at 5:29 PM, kendall84 said:

Received my Decision Letter on March 19, 2019 after reopening my initial claim in December 2018. Got my rating increased from 90% to 100% and I have yet to receive my back pay. 

Wow!  You started a good thread, Archer.  Lot of good stuff to be found in it.