Retro funds

[Jessele.edwards]

Hello. I am new to this site and I hope someone can shed some light about my va retro funds. I got out of the Army back in April of 2013 with 60% perm disability. I was getting paid 10% from Army and 50% from VA. Then later that year VA sent me a letter to re evaluate my rating and was found 100% VA disabled temporary and still am today. Effective May 1 2014 I was started at my new rating and was awarded 3017.60 but funds were being withheld because of proposed incompetency. From May 1 to dec 1 of 2014, $1721.60 was withheld than adjusted cost of living bumped my entitlement to 3068.90 and 1759.90 was being withheld until February 1, 2015. I got a letter from the VA hub in sept of 2015 stating that I was appointed as the fiduciary under supervised direct pay and a portion of my withheld funds would be released and the rest is still being held due to my receipt of military pay. I got about half of it and at the time on ebenefits my fiduciary adjustment claim was open and recently closed in March this year. I have called the VA hub, VA,and DFAS and no one can tell me anything about the rest of my retro funds. The hub tells me to call DFAS and DFAS tells me they don't know anything and the last time they did anything with me was back in 2014. (I figured DFAS was doing something about it because the letter from the hub said they were waiting on military receipt, whatever that means). I call the VA and they told me the hub needs to update there info about me being the fiduciary. I call the hub and they it is. I ask them about what is going on with the rest of my funds and they told me different things every time. They told me supervisor Karol was going to process it or get the ball rolling. I call a week later and then was told there was no supervisor by that name so I ask them did the rest just disappear or what is or can be done to figure out where the rest of my funds are, the lady told me its lost. I hung up and called again then a different lady said there is a supervisor Karol and she made notes in the system and she told me that DFAS was going to pay me. I call DFAS and they said there is nothing in the system and to call the hub. In short each department tells me to call the other throwing me in an endless loop. Can someone please shed some light about the retro fund process or direct me where to go to find out information. Or should I just give up and call it a loss.

[broncovet]

This is classic VA run around, typcial of the way VA does stuff.  

First, you need to rely "only" upon what is in writing, and that is why I  communicate via email and not the phone, as the phone rep can tell you, "Oh, yes, we have good news for you.  We have been taken over by Martians, and the little green men will be sending a check tommorrow.  Watch your mailbox."    The VA has no accountabliity.  

Do this, in this order:

1.  Send an IRIS email, detailing your complaint.   However, dont make the email 15 pages, just dates and who said what.  If YOU did not write it down (time, date, who did you speak to, what did they say) then dont include it.  Just what you can document.   The one with the best documentation wins.  

2.  Send a copy of your IRIS email to the evidence intake center.  Attach it to a 21-4138 form you signed.   Or, TAKE it to your VARO if its close enough and have them date stamp it in front of you.  

3.  Wait 5 business days.  This is the length of time VA is supposed to respond to IRIS.  

4.  Send another IRIS which begins, "On March 31,(a week earlier) I requested information on the whereabouts of my retro payments.   I have not yet received a response.  Please acknowledge."  

5.  If no response in another week, email Robert McDonald, detailing the above. 

6.  If no response by Robert McDonald, file a writ of mandamus at the court demanding the VA take action on your request.    You can do this Pro Se, just document everything.  Dont "attack" just give the facts, such as:

a)  On Jan.3, 2015, I was awarded 100% P and T.   

b)  On Feb.3, the VA sent a letter detailing that a fiducairy would be assigned.

c)  On March 15, The VA retracted the fiduciary as it was in error.

d)  On April 15, I called the VARO, where Mary Smith said that Karold the supervisor would contact me soon.

e........etc, etc,,give a timeline of your documents.  

WITH ALL THE ABOVE, you are "building documentation" that support grant of a writ of mandamus by the court.  You see, If you just did not get your retro, then file a writ, the VARO says, "why did they not contact me, I would have taken care of this immediately?"   Of course this is a lie, but you just refuted this lie with all your documentation.   

 

 

Edited April 6, 2016 by broncovet

[flores97]

Great advice by Broncovet, I suggest you follow up just as he detailed, Good Luck!!