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Discrepancy Between Compensation Check, Decision Letter, E-Benefits

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BC83

Question

So, after doing some digging on this site and others, while not coming up with much (especially since the changes to the E-Benefits site), I figure I would make a post. Please let me know if that was the wrong choice. I'm in a peculiar situation as follows:

I received a Decision Packet dated 27 April resolving three injury claims A, B, C, rated at 10%, 10%, and 0% respectively - 20% total disability; with a retroactive payment start date of 1 December 2013. I prepared to generate a NOD.

I then received a letter dated 28 April stating that my claim was still under review. Both this letter and the packet arrived on 29 April.

I checked E-benefits on 30 April and checked the disability tab which displayed claims A, B, C, at 10%, 10% and 40%, respectively - which would be accurate for the type of injury sustained (severe muscular), and a total disability rate of 50%.

My letter of Benefit Verification displays a compensation amount equal to the 50% rate, with effective and payment dates identical to the Decision Packet (1 December 2013).

Today I received 2 checks in the mail: one for retroactive payment at the 20% rate, and one for the month of May also at the 20% rate. (Why I am being mailed checks when my bank account information is on the site is also somewhat of an issue...)

While I give credit to the speed at which my claim was handled - its accuracy is lacking. I can see why this process drives people up a wall...

So... any one else experience this? Any advice on how to proceed? Everything digital on E-Benefits says I'm at 50% total (which is what I would expect), but everything I have in my hands is 20%. I'm in a weird place where a NOD seems unnecessary, but... what is the right course of action or a capable (culpable?) point of contact?

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The VA letter you received is what I would hold at face value but see your concern.

Do you have a DAV or VSO you can go to? Did you go onto Ebennies and look up your AB8 letter? That is the letter that shows your disability rating %. Another thing you can do is start a new claim and when you get to page 6/7 your disabilities will be broken down and you can see that way as well.

Regarding the checks you received...The reason is usually b/c you don't have direct deposit set up. I would call Peggy (800 number) and see what they say about your bank info.

Receiving the 20% retro and receiving your 20% first disability check makes me believe you are 20% s/c...

Good luck

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Hey, thanks so much for the reply.

So, here's the situation currently, in case anyone finds themselves in a similar predicament:

The AB8 letter is tracking me at 50% currently (and had been since 31 April or so - I've saved a version dated 2 May). I just got off the phone with "Peggy" - who sounds awfully masculine - and the very nice person at the other end pretty much confirmed the story I had made up in my head: A preliminary decision was made on two of the three claims for 10%. And the other claim was not finished until some days later. The operator could not (of course) discuss the nature of the claim until I received the letter discussing the final injury. Essentially, the first decision letter was misleading.

So I'm waiting for another letter from the VA (in the mail already, apparently), which will be the accurate rating for the third claim.

Supposedly, the adjusted payment (if I receive one) will be the difference in what I am owed, from what I have already been payed. So cashing the current payment is appropriate.

I'm guessing they sent checks because they are so decentralized they weren't tracking my direct deposit info until too late - the first was cut just one day after I updated my info, and I updated it the same day I was informed that they weren't tracking it.

But until I have letter in hand - it's back to a game of "wait and see."

I'll post here again if, when and how this situation resolves.

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I too had a partial S/C in June 2014 (40%) and I was provided retro back to May 2013 to June 2014 and still had open claims pending...I received the back pay for 40% at this time and started getting my disability monthly deposits at the 40%...I think the VA is trying to help some what by getting partial S/C granted...I was then S/C in November 2014 (60%) and all claims were closed at that time. I was awarded the additional 20% compensation from Nov 14 all the way back to May 13 and I started getting my disability monthly compensation of 60% at this time...

Glad to hear it worked out! Sounds like the VA was working on your claims and got some of the partial S/C pending the outcome of the other outstanding claims...Glad the outstanding ones didn't lag too far behind the other claims!

The AB8 letter is usually accurate which is why I suggested looking at it :biggrin:

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  • HadIt.com Elder

Venturing an educated guess, I would say the 40% award was too late for the current May payment period. Payment for May 1st, went out, probably, on 4/27, or thereabouts. Your adjustment may follow in a separate payment or may arrive w/June's payment, on May 29, 2015. jmo

pr

Edited by Philip Rogers
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I agree with PR and add that, you should look up the "rating tables" and adjust it by your number of dependents. Then you should add it up and compare that number with your total amount of retro, to make sure VA paid you the right amount.

Normally, you do not file a "NOD" to dispute the amount of compensation, that is, if you dont dispute the percentage evaluations. In other words if there is a math mistake, then you contact VARO but it shouldn't be necessary to file a NOD to correct their math.

I think the VA has 5 elements of the claim:

(1) [V]eteran status; (2) existence of a
disability; (3) a connection between the veteran’s service and the
disability; (4) degree of disability; and (5) effective date of the
disability.” Collaro v. West, 136 F.3d 1304, 1308 (Fed. Cir. 1998) (
emphases added); Fenderson v. West, 12 Vet.App. 119, 125 (1999).

If you file a NOD, you will be disputing one or more of these applicable elements.

You do have a good point, tho, but I think the VA "assumes" their math is perfect, and if the Veteran disputes the math, its the Veterans own fault. Many Vets calculate one too many months because the VA benefits will be paid starting the first of the month FOLLOWING the month of the effective date. Example: Your effective date is May 5. Your pay begins June 1, and you are paid IN ARREARS, so you wont get payment in this example until JULY 1. Vets are never paid "in advance" for compensation but always for disabilitry compensation from the previous full month.

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Thanks for the replies, folks.

My dispute isn't a discrepancy with the amount of money - it's with the disability rating (item 4, I would imagine). The 2 checks I just received are spot on for what I calculated at a "20%" rating - even if I did need to use nearly all my fingers and toes to figure it out...

It's just that everything I had in my hands said "20%," (which was suspect: 10% each for two minor issues, but 0% for muscle damage resulting in a visible deformity? craziness) but everything online from the profile page to the AB8 letter said "50%." Just a weird place to be caught in, I guess - and if PR is right, poor luck in the timing of things.

Really it is the "Decision Packet" that was most misleading, giving a full conclusion and reasoning for a claim that according the VA (having spoken with them today) was not complete when the packet was sent out.

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