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?

[broncovet]

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

[Tony P]

On 5/19/2014 at 2:35 AM, Archer said:

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?

I just saw your post Archer I   sent my evidence  to the BVA appeals Washington  in 2012 August 2nd week , The  decision letter  for  my claim 100% service connected PTSD  came  In Late October 2012 ,  On   March 14,  2013 I coincidentally  I checked my bank  account for a written check for my Phone Bill  and   cried and nearly feinted by my surprise .

Edited August 11, 2018 by Tony P
Date error

[Guest L]

jmo - a secure credit card will not assist in a credit score it just gives the company a fee to hold your money. 

I have been debt free for 25 years. I would contact a local provider to see how to save your money. It must be a "Fiduciary" not just a broker who is attempting to sell you mutual funds or stocks. DO NOT do an ANNUITY - 

I use Waddell & Reed and they are held to a higher standard. I put my retro in and never look back this is if you do not need the money in the next 5 yrs or so - it take a time to grow depending on how diversified you are. I am in a lower risk options since I am 60 but my rate of return is better than a local bank. 

https://www.waddell.com/

 

I would hold onto the larger chunk of that retro for one year....

 

let things settle then see how your life has shaped out.... Large sums like that do not come around everyday.

Good nest egg. I still have mine 8 years after my award.... 

To increase a credit score all you have to do is make small purchases on a item and pay it of as agreed - will not take long to get the score back

up. https://www.myfico.com/credit-education/improve-your-credit-score/

 

Edited August 11, 2018 by L

[Guest L]

On 6/1/2014 at 7:55 PM, babagwa said:

Archer first of all congrats!! I got the bbe last week inrcrease from 40% to 60%. It says 60% with an effective date of December 2011. My increase was 30% for anxiety. Do I get a retro pay? I am also a retired AF so they were taking the 40% from my retired pay. Do I get that back also?

I am retired Navy - I received concurrent pay.  Thank you for whomever lobbied for this!!

It will be retro to the day you attain 50% or above in the va rating. https://www.dfas.mil/retiredmilitary/disability/crdp.html

Since you have a mypay account I would send a message with the rating decision as a heads up..... 

[Lemuel]

21 hours ago, broncovet said:

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

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.  CUE and "arbitrary and capricious acts".  I think we are still stuck with parts of the Feres Doctrine.  But, using Citizens United and Bivens I 'm hoping to get Section 4 of the 14th fully implemented as far as rights of veterans to their compensation.  And the 5th, 7th, 9th, and 10th to put at rest "sovereignty" of the United States Government (used in the Feres Doctrine and FTCA to deny trial by Jury).  Common Law provides "sovereignty" to foreign heads of state only.  It is the basis for "diplomatic immunity."  It is not the basis for denying a right to a jury trier of facts in favor of government agencies which have natural biases against veteran entitlements to protect the government workers share of the pie and the natural acquiescence to supervisors looking for political appointments and being subservient to lobbyists.

My brief covers 43 years and says in part:  

"Note: This brief is exceptionally long because the Record Before the Agency of the Department of Veterans Affairs is 4,529 pages long excluding many missing pages (probably removed deliberately) and somewhat reduced by duplicate pages.  It covers 43 years of arbitrary and capricious acts, often believed to be mostly from the same root as whistle blower retaliation: the petty vindictive protection of the Agency’s reputation and coworker’s reputations and employment.  The Record Before the Agency (RBA) speaks for itself.

            I have been an activist for veterans with organic brain syndromes since 1987, filing and appealing, with other veterans 8/2/1988 Bray V Brown 09cae Docket 88-6276.

            I have been proven right on my 1987 assessment of mild, moderate and moderately severe traumatic brain injury (TBI), walking, talking veteran victims with mild to severe diminished capacity, finally, in 2008 with recognition by Congress and thus, the VA despite the 1998 arbitrary and capricious testimony of the VA's Chief of Neurology at the Sub Committee on Benefits Hearing. 

            I have been proven right by an NIH study published in December of 2016 with the pathology of brain damage from p. falciparum Malaria being determined.

            I have been proven right about the brain damaging effects of proximity blasts, including incoming and outgoing artillery, mortar bombs, and booby traps (now known as IUD) in recent NIH studies published. (2017-2018.)

            I no longer have to say, “and I’ll be proven right on any element claimed in my initial court filings on the subject of veterans with organic brain syndromes arbitrarily and capriciously diagnosed as adjustment disorders.

 

(post script: in reading over this brief it seems a little drifty and much too long at times and I ask the Courts indulgence because I’m unable to make it more concise as quickly as it needs to be done because of my traumatic brain injury limitations despite my residual verbal IQ of 126.)"

           96 pages so far and all I've gotten through is the Summary, Facts and Issues.  No argument or citations other than those included in the notes on Facts and Issues which will be transferred.  I still have 16 days to finish up.

             Really wish I had an attorney.  Have feelers out to a couple of Colorado attorneys located near the 10th to come in after I file my Pro Se Brief and we see the rebuttal.  I can't think on my feet fast enough to do any court argument and because of the Constitutional Challenges to the FTCA and partially the Feres Doctrine, if the 10th accepts the challenges without a summary denial, there will be an en banc hearing. 

The Clerk issued 2 Orders on 8/6.  One gives the Appellee 10 days to respond to my request to correct the RBA and make it part of the record.  (may not get there with this because the short time frame looks like the Clerk has already made up her mind.)

The second accepts the Petitions to Appeal for the Court to decide on merits and gives me until 8/27 to finish my Pro Se Brief.  This is the Whoopee, Whoopee,  I received day before yesterday.

Thanks for your follow, Bronco.

 

 

Edited August 11, 2018 by Lemuel
left out important part

[Berta]

"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.

https://www.law.cornell.edu/cfr/text/32/536.89

A FTCA claim, against the VA, if denied, can sometimes be reconsidered,if that request is timely ad with more evidence.

If the tort claim remains denied , the recourse is to file in the appropriate Federal District Court, and the filings must be within the Court Rules ( every District court has rules ,that might be on their web site.)

The difference is this-

A FTCA claim is filed against USA .

A VA Section 1151 is filed against the VA.

My FTCA settlement states the VA OGC signed it but the settlement I agreed to was with the USA.

My 1151 claim was filed with and awarded by the RO

I got involved about 2 months with a  malpractice law firm regarding malpractice at Fayetteville, Ar.

I posted a comment to a news story on one of their clients who got a VA letter saying he  might have been malpracticed on.

The story is being hushed up by the Deep State VA- so far 7 misdiagnosed vets and 3 potential veteran's deaths were all caused by the same VA doctor.

one  of  the malpractice lawyers called me up when he read my comment and we talked for almost an hour.They have a  great malpractice record but had not seen anything like this Fayetteville situation before.

There were a few things they had to consider ( since then our former Radio show tech's surviving spouse also got in touch with them)and I rattled off my three concerns.

The lawyer thought I was a lawyer-I am only a pro se lawyer-a successful pro se lawyer-and one of my concerns was would this possibly go Class Action. He said the firm had just discussed that, the same day before he called me.

Class Action cases are Very difficult to certify.

But out of over 20,000 vet medical records , they found 7 midiagosed vets in the first 900 stacks they looked at-it is as likely as not- this sane doctor messed up more vets as well.

They can establish a class with the names of and medical records of all malpractised veterans.It involves the premise of commonality-such as the Class Action Nehmer cases.

But they needed the doctor's name- VA would not release it under Hippa.

I found out who it was an emailed them the name.

Class Action involves commonality:

In this case, all affected would be

1.veterans or surviving spouses of veterans,

2. all would have had their pathology reports prepared by the same VA doctor.

3.all would have been found to have been misdiagnosed or dead on the basis of the pathology reports.

The problem with "all' is,  the town hall meeting the director had when over 20,000 vets had gotten letters to the affect they might have been misdiagnosed, is that the place was full of malpractice lawyers and no one knows yet how many SF 95s have already been filed-or if the lawyers have all considered Class Action.

And VA has not publicly stated ( the medical review will take months more)

how many ,in total , will be "all"

Nehmer # 1 is a good example of a class action case.

 

 

 

 

 

 

 

 

 

 

Edited August 11, 2018 by Berta
havent set up my new keyboard yet