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]

I received a TDIU Back pay of just over $120,000.00 in August.  My BVA decision granting TDIU back to August of 2009 was on May 11, 2017.  I was told that it would take 3 weeks to a month longer than routine on that decision because of an audit to pay the attorney her share as I had agreed to do.

There was a delay because another veteran's "denied" decision had been entered in my account causing my decision not to be entered when it arrived later.  A failure in review.   When I called after a two month delay the clerk that handled my call quickly realized that the date I gave her of the decision and the page number of the decision didn't match.  My decision was 37 pages long and my TDIU award was on the 36th page while the other decision on my account page was only 9 pages long.  The correction of this took some extra time.  So don't be shy about calling to find out your status.  Shit happens!

In the past I received the bank deposit before I received the award letter within a couple of weeks of the rating decision.  But I expected anything over $10,000.00 to take longer because of accounting controls that cause sign offs to come higher up the food chain.  Actually was pleasantly surprised to get the deposit in less than 6 months because of the size of the deposit.

Edited December 7, 2017 by Lemuel

[Lemuel]

On ‎6‎/‎11‎/‎2014 at 12:26 AM, Chuck75 said:

What ever you do, don't mention the award or amount to anyone that might be involved at any level

in a possible collection process. You may be able to work with the medical providers to setup a payment plan.

 

VA compensation and SS benefits are not attachable.  Keep your VA compensation and SS  from being comingled with any other funds you or your spouse receives.  If other money goes into the account where you receive benefits that are not attachable then the whole account becomes attachable.

Think about paid up life insurance.  See below for my case.

I paid off $40,000.00 worth of credit card debt and another $25,000.00 loan from life insurance (highest interest cost in my debt portfolio).  My FICO went from 630 to 743 this month.  (was low because of carrying the high balance) Expect it to go higher as I pay off 0% interest accounts that cost me a 3% balance transfer fee to kick the can down the road prior to finally receiving TDIU.  As long as I get even a few pennies in interest instead of paying interest I'll wait.  Just have to make sure that the credit cards receive full payment before the 0% period runs out.  We now have a new 2018 Subaru Forester at 1.9% interest and a 25 year loan on our home at 3.25%.

And my highest earning interest account is paying down my house the purchase of which was the reason for the high additional debt.  I bought a Fannie Mae fixer at auction on a Home Path loan.  Used the Credit cards to take down a couple of trees that were in danger of falling and do the necessary repairs.  converted to a VA loan withdrawing $50,000.00 cash and lowering the interest 1% prior to finally getting my BVA decision.  I was at 70% plus both my wife and I are receiving SS. 

Now at 100% TDIU I'm in good shape financially though no real positive assets other than about $50,000.00 accumulated equity in our home and the cash value of my wife's life insurance policies.  She has some additional policies in Japan that will pay her face value when she reaches her 80th birthday.  Her Japanese life insurance also pays a fixed sum per day for periods of hospitalization which covered her co-pay on her Japanese health insurance plus a little extra but not enough to cover her lost time from work when we were still in Japan.

If you are secure in your marriage life insurance on your wife is cheaper than on yourself.  If you pass and she needs it she can borrow or cash out.  If she passes first you get a larger check.  (or if she gets pissed and leaves you she has something for the road)

It is great to have the reserve of the life insurance cash out value as a savings.  Nice to be able to borrow at a low rate and only have to pay the interest annually.  The dividends on the policy are about triple the CD interest rates available.  NY Life doesn't write that kind of policy anymore but some companies probably do.  I would recommend buying a paid up life on which ever you can get the most value from.  For me it is my wife.  She is healthier and younger plus expected to live longer.

[MichealD]

Hard to know, my VARO at Denver has taken 7 months and counting.  They've had so many pathetic excuses as to why they won't do their job, I've considered suing just to get them to follow the decision.

3 months later: it's now been 90 days later, and this has been shocking.  I have now had 91, yes ninety-one, conversations with the national and regional VA offices. 

This expanded to 96 conversations, all with the same result, the Denver regional office would do nothing and ignore the BVA decision (which would have forced me to hire a lawyer).

All at once, the situation turned to the outright bizarre.  A representative from a different regional VA office (I'm in the Denver region, he's from the Nashville, TN) called to ask about a completely different subject.  While on the phone, I told him about the BVA decision, and one day later, he had taken the first huge step forward (in 24 hours) to implementing the BVA decision, something the Denver regional office openly refused to do for 10 months.

I still have yet to see the final step with retro pay, but my wife and I have decided to move away from Colorado.  There were more issues than just dealing with the horrible Denver regional VA office, but it has been the biggest factor for a couple years and I've never felt as relieved about moving as I do to escape the clutches of this atrocious VA region.

Feb 2019 update:  The retro pay issue was almost as bizarre as the Denver office ignoring the BVA decision.  My Colorado rep screwed up the database after finally admitting the Denver office must follow the BVA ruling, I suspect on purpose, to ensure I would get a letter from Denver admitting they have to follow the BVA ruling, yet he "made a mistake" in processing the retro payment that caused yet another delay.

I hated doing it, but I called a VA rep from another region to check, he corrected the Denver office reps mistake and the retro pay came through within two weeks.

Oddly, once I moved away from Colorado (to Missouri), within a month, a couple other claims I had submitted 5 years ago suddenly were granted, and all at once, I was rated at 100% based on numerous combined factors.  Lesson learned, avoid Colorado VA AT ALL COSTS!

Edited February 11, 2019 by MichealD
Additional information

[Lemuel]

18 hours ago, MichealD said:

Hard to know, my VARO at Denver has taken 7 months and counting.  They've had so many pathetic excuses as the why they won't do their job, I've considered suing just to get them to follow the decision.

I have a suit going at the U S District Court for the District of Wyoming that includes Denver VARO that you could petition to Join if you wish.  It would help get it to Class Action and considered.  I'm attaching the files in reverse date order.  It is almost impossible to find an attorney.  I haven't.  But you might if you use the case that I'm attaching to show you can get by the administrative deceptions and delay.

If you can find an attorney they can represent me also.  I have a Wyoming attorney who will stand in if they are not admitted to the Wyoming Bar.  If you can't find an attorney post here.  I'll post my email and help you ghost write a Pro Se claim.  You have to start with filing an SF-95.  I can walk you through the process.

Berta found the Laskowski case (which I misspelled in my last brief) but is useful. 

20180502 Motion to amend d.pdf

20180416 Dismissal Order.pdf

20180306 Objection to Dismiss.pdf

20180306 Objection to Dismiss Brief.pdf

20180213 U S Motion to dismiss.pdf

20180213 U S Motion to dismiss brief.pdf

20180109 DCDW denial Motion Eq Toll.pdf

20180103 Rebuttal obj eq tolling.pdf

20171215 DCDW Summons U S ATTY proof of service_1.pdf

20171215 DCDW civil cover.pdf

20171215 Court complaint.pdf

20171215 Court complaint tolling.pdf

2013 Laskowski v. U.S. Dep't of Veteran Affairs, 918 F.Supp.2d 301 (M.D. Pa., 2013).pdf

[Lemuel]

On ‎5‎/‎19‎/‎2014 at 8:33 PM, Archer said:

I hope the 1800 number is wrong. Told me that they can take up to a year before the claim is closed.

I have a back pay of around 61k coming to me.

I am not retired military but I am 100% service connected.

 

 

I have a question also bout what I should do when I get my back pay.

Do you think it would be more beneficial to me if I opened a secured credit card of 10k?
I have a very poor credit score at the moment for the time I left service till the day I got va was about 2 years.

Be sure to follow up if it takes more than 2 months.  Someone had entered another person's BVA Decision in my file instead of mine.  Our first names were the same.  Mine granted TDIU and his BVA decision was a denial.

[Lemuel]

On ‎4‎/‎30‎/‎2018 at 2:22 PM, Lemuel said:

I have a suit going at the U S District Court for the District of Wyoming that includes Denver VARO that you could petition to Join if you wish.  It would help get it to Class Action and considered.  I'm attaching the files in reverse date order.  It is almost impossible to find an attorney.  I haven't.  But you might if you use the case that I'm attaching to show you can get by the administrative deceptions and delay.

I had to appeal to the 10th.  Have two positive orders to the VA and U S ATTY from the 10th.  Working hard on my Pro Se Brief.  Will keep you all posted.