Retro Pay: How long is too long?

[allansc2005]

Though this question does apply to me, I'm sure it's a question MANY vets have.

 

Won a CUE and IU effective January, 27th, 2017 via formal RO review.

My case falls under the "3 signature" rule, which means the retro entails more than 25K, and is expected to take a "little" while longer.

American Legion rep said "look for the retro in a month or so from the decision date(above), and that big white envelope a few weeks later; Ebenefits entry for the approval is anyone's guess..."

 

Called the rep back in March, his answer "The VA is way behind on these things, give it another month" Mid April I called the VA's 800 number and was told "Your case is in Washington DC right now...so we can't tell you a completion date..."

 

Today is May 1st, 2017; So 3 months, one week and 4 days later since my decision date, and no retro, no white envelope, no Ebenefits entry.

 

Now, before I ask the topic question, let me ask this question: Cases that involve three signatures, what's the "path", where do these cases go, and is there a mandatory time line the VA has to complete these types of case? OH, by the way, I've had NO monthly pay increase as well.

Yes, yes I know, I'm not the only pebble on the beach, but....

 

How long is too long?

 

Allan

2-2-0 HUAH!

 

[allansc2005]

jfrei, fortunately there are no lawyers involved, I fired the lawyer last year, and now American Legion is my rep.

Another possible delay with my case MIGHT(strong might) be that my retro involves 6 figures; but one would THINK that ALL retros above 25K would take the same amount of time to process.

Allan

2-2-0 HUAH! 

[Gastone]

"Fired" VA Attorney last Year. Therein could be your Retro Wait problem. How long did your Contracted (20% of Retro) Lawyer represent you? No experienced Lawyer would allow for a Vet to just pull up their pants and walk away from the Legal Contract. The Lawyer is due a significant (at least the 20% of your RETRO) up to the date you actually terminated his Representation.                                                                           

[allansc2005]

Gastone, the lawyer sent me and the VA a letter saying "We have closed your case...and will return your file once you pay the $9.00 postal fees..."

Rep For Vets dragged my case out for 4 years, lost both appeals, including a BVA case...so they walked, no ifs ands or buts about it.

 

Talked to my American Legion rep about this, and he said Rep For Vets "doesn't get a dime"

Allan

2-2-0 HUAH!

 

 

[Sgt. Wilky]

Allansc2005,

 I can't answer your specific question, but I had experience with a very large large retro the VA was dragging its feet on. After fighting the system for nearly 9 years, I finally won my case and I was due retro that almost approached six figures. After receiving my packet granting the benefit in July of 2015, I waited earnestly for the VA to catch up. In October of 2015, they finally updated my file to the 80% I currently am, and it wasn't until April of 2016 I started banging doors to find out where my retro was. I used the VSO, who told me to keep waiting (which I had no more patience to do after 9+ years) and I went straight to the VA Secretary's office. 

 Upon contacting the Secretary's office in April 2016, and remaining calm, cordial, and polite, I received my back pay (If I remember correctly) in about three days. I know it was less than a week.

 I don't know why it took so long, what the hold up was, or what the process is, but I know that I gave them more than enough time; and in fact, the VA was in violation of the statute, but I did my due diligence and stayed on it. You may be okay financially, but the VA is sitting on your benefits and I would say that you owe it to yourself and those who are still waiting to "assist" :) the VA in clearing that file out!

Semper Fi,

Sgt. Wilky

[allansc2005]

Wilky, thanks for your input. My contentions are if the veteran(s) know how the "system" works pertaining to larger payouts, then they/we would tend to not panic, and let the system work for us. Then again, as my original post asked "How long is too long"?

Ironically, I JUST got off the phone with my rep, who happens to have an office at the RO, and he's going to take a walk down the "hallway", and ask the review officer if there is anything he can do to speed up things.

Let me also say that back in January 2017, a review officer approved my case ON THE SPOT, in other words there was no long drawn out process to decide my case. Once a review officer awards you something, that's pretty much it, your approved, then the "hamster wheel" goes into motion.

I must also say that Berta, Tbird, broncovet, Buck...et al, do a damn good job of keeping us up-to-date here on hadit, and it's my understanding that, once again, the VA is WAY behind on these claims. How many times have we heard this?

Granted, I'm not in financial need, but other vets are I'm sure, and whatever we can do here to educate veterans about claims, albeit how seemingly vague that information is, the better.

As I look back on my years in the army, I would have thought the old adage "Hurry up and wait" would have only applied to the army, obviously how wrong I was!

Allan

2-2-0 HUAH!

 

[Sgt. Wilky]

When you say, "How long is too long," my only reply can be when the statute that dictates the time frame is being violated, that is too long.  Understanding the nature of the beast that we deal with though, perception is not reality. Personally, I knew the VA wasn't going to get to it in the time frame allotted in the "rules" so I gave grace (it was a good exercise on my part). After nine months, that was my proverbial line in the sand.