Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Rating increase, part of retro withheld?

Rate this question


highoctane

Question

So I recently was awarded a previously denied claim and that increased my total rating. I received retro but it was short of what I calculated based on the increase so I made some calls. My contact says the system shows that $180 a month was withheld, but he couldn't explain why so he put in an inquiry to the proper department. Being the effective date was 12/1/14 it shouldn't be a CDRP issue right? That's been phased out and hasn't effected me with any of my other payments. Oh and it's not an issue of not getting paid for December I already about that BS :)

This is listed in the "system" and $180 each moth for 10 months as "withheld". Any idea why they would have withheld part of my retro? I'm just curious and with the long weekend and the normal process it might take me a while to find out what they claim is the reason and be ready for anything lol. Like I said I have a pretty good contact inside the VA and he was at a loss to explain it, but he doesn't work in the department responsible for retro so maybe we are both missing something. I know there are caveats and loopholes all over. I did a search and didn't find a similar situation. Found people getting all withheld for competency but nothing else. Also my recently granted contention wasn't mental health related.

Thank for any ideas. 

Edited by highoctane
Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0

Ah...maybe it is a CDRP thing, even though that's basically no in effect any longer apparently they still have to go through the DFAS audit and withhold part until that's complete? I think that's what I'm getting from a few threads I've read(posted before the full phase out). That's what's wrong with the system..too much BS twists and turns in the laws, I think tax laws might be the only laws that out BS the VA compensation laws. 

My initial retro wasn't even partially paid until that was completed..that's what confused me. 

Anyone out there that can shed some light please feel free. Now that there is full concurrent receipt I bet situations like mine will come up often. 

Link to comment
Share on other sites

  • 0

Oh and if this is the case this just continues to prove what I've said before, one of the biggest  problems the VA has is how it communicates, or doesn't with vets. A simple note on the ebennies recent payments page that said "this is a partial retro payment pending a DFAS audit" would have made it a non-question. I mean should we all really have to read through the laws and countless posts to figure out why something was done the way it was when a few simple sentences from the VA would tell us and we would just patiently wait for the outcome? Sure there are people here who have done so much research and know so much that they might say "well duh everyone knows that" but we don't all know. I didn't and I have probably done as much research or likely more than we should HAVE to. We all have other things we should be doing to live our lives and be productive members of society for our families and fellow Americans but here we are training ourselves in VA law over something a simple few sentences on a VA website would have explained. 

 

Rant over..

Link to comment
Share on other sites

  • 0

Ah...maybe it is a CDRP thing, even though that's basically no in effect any longer apparently they still have to go through the DFAS audit and withhold part until that's complete? I think that's what I'm getting from a few threads I've read(posted before the full phase out). That's what's wrong with the system..too much BS twists and turns in the laws, I think tax laws might be the only laws that out BS the VA compensation laws. 

My initial retro wasn't even partially paid until that was completed..that's what confused me. 

Anyone out there that can shed some light please feel free. Now that there is full concurrent receipt I bet situations like mine will come up often. 

not saying this is the reason however. when i was discharged from the navy, i received a lump sum severence pay. after receiving my rating, i was informed that my monthly check (then 10 percent) would be witheld until the va recouped the almost $32,000 i got from the navy.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use