Question About Retro Decision From Varo.

[RSG]

I have a question.. I received a decision letter from the VARO Saturday about the retro I am owed.. Somehow the VARO did not even give me a yearly breakdown of how they paid retro per year. All the other letters I have received showed a yearly breakdown on the funds. This one did not.. They granted a 10% disability and a very small retro payment was shown...There seems to be something wrong with their calculations...I can not find any info on this stuff.. Can I get any direction as to figure out how to fight this AGAIN? RSG

[Guest]

Request a complete copy of the rating decision including the legend sheet and the yearly increase breakdown. VA has a habit to low ball percentages to lower the retro payment. Remember if you disagree with their decision you must file a new NOD and the process begins all over again. I really hate that after a veteran wins his/her claim for earlier effective date from BVA/CAVC that the local RO office low ball their rating to force the veteran to file a new NOD.

VA knows that the 10% increase did little to no real change in your overall combined rating and VA hopes that if they give you a retro even if it is small that you will be happy to get the money and give up on a higher rating for an even larger retro payment.

Pete.

Sorry for the let down and bad news

[RSG]

I understand....I am happy that I expected this behavior, I am not a dreamer and I am a realist.. If I hadn't, it would have been devastating..This attorney that I have,that used to work for the VA.. I do not feel that he is very helpful....He always seems to make me feel guilty for becoming ill with PTSD/major depressive issues...I think that he needs to be fired and another attorney found that will actually read and listen to what I tell them.. This guy has a very lousy attitude.....I will request a legend and the yearly breakdown.. The NOD will be filed.. I may end up firing this attorney and finding another.. ALL my med records and everything show that The Military kept me in the Naval hospital for 4 months for depression and PTSD before giving me an honorable discharge and this means nothing? RSG

Edited June 21, 2015 by RSG

[Guest]

I am somewhat in a similar situation not with a bad law dog but with VA. All my paperwork is in and I am waiting for them to review my disagreement and go from there. I love 38 CFR 3.156 and I love doing the right thing at the right time. Evidence always wins I am just trying to stay alive long enough to enjoy it.

[RSG]

You and I both ! trying to stay alive is the trick, with behavior like the VA's...

[lotzaspotz]

RSG, have you made a decision to replace the attorney with another vs. handling your claims yourself?

You apparently have no faith in the representation you've got, and by the sound of it, you think that the attorney has doubts about your integrity. Those are two excellent reasons to jettison this guy sooner than later. You may owe him some money for the work done and expense incurred on your behalf, but a vet's relationship with his/her attorney lasts for years in the appeal process (my husband's attorney has been with us since 2005). If you can't rely on this guy and feel confident that he's got your best interests at heart, get rid of him now and file the NOD on the retro calculation (or the effective date upon which it was based because that may be the root of the problem). If you're not going the pro se route, you'll have time to shop attorneys in the interim.

I checked my husband's most recent retro payment against the historical VA disability pay rate charts on the Internet (they may be on hadit, as well). I don't rely on the VA's math skills.

Edited June 21, 2015 by lotzaspotz

[RSG]

Hi, No, I have not made the decision as to what to do about this attorney...I just received my letter Saturday and I am sure he won't see his

copy until Tuesday at the earliest.I want to see what he has to say, before I make a decision..

And yes I feel like my integrity is an issue.. He just tries to make me feel like an idiot every time I

talk with him.. I went the Pro Se route , with help from here (HAD it) when I received my 70% back in 08, and pretty much the same for the IU

in 10..When I tried CUE on my own they sent a decision with sixteen pages of BS.. Berta helped with that one...Wasn't her fault, the VA did not pay attention. AGAIN, went back to BVA in 12, Was granted CUE in 15..So after that I decided to try this attorney, not a good feeling for me

after this experience. I had to call him on a letter he wrote that was not explicative enough for the BVA to find the Issue.. He re wrote and submitted as an addendum to BVA.. He has been paid, or will be soon..by the VA? Weird, but whatever...I am not sure how to write this NOD if I decide to do this myself, I may do it wrong again...I have had help from many, with this claim...I have had seven strokes and it is sometimes

difficult for me to do those things sometimes.. And the older I get the worse it gets...LOL RSG

Edited June 21, 2015 by RSG