Berta Posted February 3, 2016 Share Posted February 3, 2016 WOW Chuck...every victory is a Victory! "There was a missive from the BVA in late December showing that maybe they decided an issue in my favor, and remanded other issues. The SOC dated towards the end of January showed the award I mentioned, and makes it appear that some EDDs were revised to earlier dates." Did they add a brief audit thing that usually makes no sense at all? when I got an audit thing for retro DIC, they actually left out en entire year of DIC payment and made an error once of 28 thousand that the Regional Counsel found,on something else, and then when I got the audit statement and very brief statement of the amount, (the RC called a CUE on them) I realized they forgot to pay me an additional 11 thousand bucks. They corrected that error too very quickly. But what gets me is that how can they even make errors like that..and. they count on us to not really go over retros and do the math , to see if we have been snookered by the VA. rwskitch, Vync, ArNG11 and 1 other 4 Link to comment Share on other sites More sharing options...
saxman Posted February 4, 2016 Share Posted February 4, 2016 Congrats on the win! Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted February 4, 2016 Author HadIt.com Elder Share Posted February 4, 2016 (edited) On 2/3/2016 at 3:02 PM, Berta said: WOW Chuck...every victory is a Victory! "There was a missive from the BVA in late December showing that maybe they decided an issue in my favor, and remanded other issues. The SOC dated towards the end of January showed the award I mentioned, and makes it appear that some EDDs were revised to earlier dates." Did they add a brief audit thing that usually makes no sense at all? when I got an audit thing for retro DIC, they actually left out en entire year of DIC payment and made an error once of 28 thousand that the Regional Counsel found,on something else, and then when I got the audit statement and very brief statement of the amount, (the RC called a CUE on them) I realized they forgot to pay me an additional 11 thousand bucks. They corrected that error too very quickly. But what gets me is that how can they even make errors like that..and. they count on us to not really go over retros and do the math , to see if we have been snookered by the VA. The info was very sparse. A retro amount was specified, along with the lawyers share. One condition was mentioned specifically, but no % details. It looks to me like they revised the EDD for several conditions, hence the retro. This is just part of the fight. It turned out that the conditions involved can be considered secondary to other A.O. presumptive conditions that came under Nehmer (after I complained a lot!). The records showed that they existed prior to other later decisions based upon individual specific claims that the VA forced me to do. Supposedly, a full favorable decision (not quite there yet!) would take just about everything back to the Nehmer approved EDD instead of the C&P dates the VA tried to use. Assuming that happens, then a careful parsing of the SMC rules will be needed to make a decision as to any further efforts. After a decade or so, I'm getting a bit tired of all the VA related hassles. Had the VA not given me such a hard time to begin with, I'd likely have quit when things got to 100% P&T for a single condition. When I get into a fight, I prefer to completely prevail, and don't want to quit until I do. I'd also say that the majority of effort has been on my part personally, and the "accredited" lawyer representing me has benefited monetarily for less than the usual time and effort. Still, having the legal knowledge of a lawyer available, and his ability as a "mouthpiece", as well as his almost daily presence at the VARO is worth quite a bit. He once admitted that he has learned a lot in the process of dealing with my complex case, and that the knowledge is quite useful in fighting other veterans cases. One of the things that drove me towards a lawyer in the first place was that several of my conditions are serious, and have the potential to do me in without much notice. Assuming my spouse might be left with things still pending sort of made my decision lean towards using a lawyer. When I first started to find a lawyer, one of the problems was that those in the VARO's local area were familiar more with Army veterans, and didn't know what to do with Navy veterans. This was before the A.O. presumptives were expanded. Early in the process, I even ended up giving the list of APO/FPO/AFPO codes for in Vietnam facilities to the state VSO's at the area VAMC. They didn't know that such a list existed. (I'd be hard pressed if I had to find another copy today, so don't ask!) Edited February 4, 2016 by Chuck75 Vync and rwskitch 2 Link to comment Share on other sites More sharing options...
Runrdud3 Posted February 5, 2016 Share Posted February 5, 2016 Chuck Congrats on the partial victory but the fight is never over! Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted February 5, 2016 Content Curator/HadIt.com Elder Share Posted February 5, 2016 Congratulations Chuck! Another step in the right direction! Link to comment Share on other sites More sharing options...
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