Second-signature review on SMC claims?

[mbl22885]

My claim is currently at pending decision approval. I talked with my VSO from the VFW today and it told me it was "Under review for a second-signature." I looked around the web and saw stuff mostly saying a second-signature is required in bigger back payments, but I also found an OIG report stating " VSC management has a policy requiring second-signature review of rating decisions involving higher levels of SMC." So is a second-signature in my case just normal procedure or should I start to get excited?

[broncovet]

I agree with the VSO here.  Ebenefits has been wrong multiple times for me, personally.  There is one thing that is reliable on ebenefits, however.  Its the AB8 letter.  The VA does not want to have you print out a letter that you are 100 percent if you are only 40.  One thing, tho, even about AB8 letter.  It will only go back to December of the previous year, so people think that is there effective date, when that really means there was a Cola adjustement on Dec1 of each year, even tho the Cola is often zero. 

[broncovet]

This is a problem I have with VSO's, your VSO should know that EAP equals CUE.  VA gets away with it anyway, but it amounts to a denial of due process for the Veteran.  You see, the EAP is "Extroridary Awards Program", where 2 signatures are required where retro is over 25 k.  But the problem with that is, the Veteran is supposed to be able to request a hearing at any stage..and the Veteran can not request a hearing on this.  

My recommendation is you simply wait as there is nothing else to do.  However, the credibility of your VSO just dropped about 4 notches IMHO.  1.  He should know that EAP equals CUE, and 2.  He should certainly not tell you its awaiting 2 signatures even if that is the case.  He may be trying to do a good job and let you know in advance, but I think he should have kept his mouth shut.  

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

[mbl22885]

This is a problem I have with VSO's, your VSO should know that EAP equals CUE.  VA gets away with it anyway, but it amounts to a denial of due process for the Veteran.  You see, the EAP is "Extroridary Awards Program", where 2 signatures are required where retro is over 25 k.  But the problem with that is, the Veteran is supposed to be able to request a hearing at any stage..and the Veteran can not request a hearing on this.  

My recommendation is you simply wait as there is nothing else to do.  However, the credibility of your VSO just dropped about 4 notches IMHO.  1.  He should know that EAP equals CUE, and 2.  He should certainly not tell you its awaiting 2 signatures even if that is the case.  He may be trying to do a good job and let you know in advance, but I think he should have kept his mouth shut.  

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

Thanks for the info.

So the second-level signature is only used in claims where the retro pay exceeds 25k and higher levels of SMC do not require a second-level signature, per VA policy?

I'm taking away that no matter the case, the second-signature is basically a violation of due process and I have cause to file a cue.

Is this about right?

 

[Navy04]

Bronco is right bud, and that is why I don't recommend VSOs to anyone anymore. Good luck and keep us posted

[mbl22885]

Bronco is right bud, and that is why I don't recommend VSOs to anyone anymore. Good luck and keep us posted

I'm taking his word. I was just trying to clarify. Starting to get excited, but I know it's best to wait until I know the outcome in final.

[broncovet]

Read the linked article, Macklem.  I dont claim to give legal advice. While  VA has "done away" with EAP, they pretty much do the same thing, put lipstick on the pig and take her to the dance.  VA can call the pig "Miss America's Sausage and eggs" but, she still looks like a pig to me.

What you described sure sounds like an EAP to me.  

Before you cut that pig up into pork chops, lets give her the "once over".

1.  HOusebound is currently about 347 per month.  If you figured you were awarded housebound, SMC S, it would amount to "about" 25k retro if you were awarded back to "about 2008 or 2009".   So, look at your records and see if an effective date of 2009 or earlier makes any sense.  Remember, you dont have to apply for SMC S, its inferred when you meet the criteria.  Did you get a "single" 100 % rating in 2009 or earlier?  Or, did you get rated "100 plus 60" in 09 or earlier.  If so then maybe you can have bacon and eggs, and invite her "for" dinner, lipstick and all.  

However, if a SMC back to 2009 or earlier is not likely, then your retro is likely less than 25 k.  The old EAP was 10 years OR 25k.  Believe me, when VA pays you a 25,000 dollar or more check, they check that over pretty thoroughly.  You just wont know there were 2 signatures.  2.  Other SMC's will give a different retro, but you can figure them up, too. 

My advice is to simply do nothing but WAIT.  But, you could EMAIL your VSO and "ask" him for an explanation as to why 2 signatures.  Then save his response "just in case".    If he is a snake, he will get suspicious, but if he is dumb, then he will likely explain.  I think that VSO is either ignorant, or a snake out to bite you.  

       BUT...there are good VSO's who work hard, but just dont quite really understand the VA regs.  And those guys are good people too, not everyone needs to be a rocket scientist to fill out a 21-4138 or other forms and get the right address to mail them to VA.  You dont need to tell em that you were born at night but not last nite.  

    Chances are good you get your benefits, but I have found over and over, with Va its best to CYA.  So just keep a record..what VSO said, when he said it, whether it was by phone, and his name plus time of call.  (This is why I love email, I have been emailing my VARO director.  Now, there is a record of every word he told me.  I asked him to do this because I am hard of hearing, which is true, it just happens to be an "extra benefit" that I can HOLD HIM Accountable to every word he writes in an email.  I love that!  

    Keep a great record, and wait for your decision.  THEN, when you appeal, if its in your best interest, you can allege a Macklem violation and CUE, if necessary.  

 

Edited October 5, 2015 by broncovet