BVA Win, wrong retro amount, who to contact?

[Navy62Spouse]

I posted previously that finally, after 11 years, won retro back to effective date of 2006.  The deposit made it to the bank, but the amount was incorrect.  I've been handling this for my spouse all along.  So, I called and asked & they said to send in a 21-4148 asking for an audit.  We just got a reply from this request.  The reply stated that they took snapshots but don't go back that far.  However, they did include a breakdown of six time periods that result in the figure deposited last month.  Finally, after much figuring differences, COLAs, etc, I figured out that these time periods were figured at the wrong rate received in the past...and therefore the difference rate paid is incorrect.  This was a staged increased claim rating through the years and the BVA Granted TDIU back to effective date of 2006 with 100% rating currently.  My spouse received 30% 2006-2009, but when they figured this,  they figured this as 50% received.  Then, it drops down to 30% for the next period, then up to 70% received (when spouse was actually receiving 50%).  All the figures are incorrect for the time periods.  Then, it just stops at 1/13 and doesn't retro anything past that.  It should be retro to 2006-10/2014 because from then to present was 100% rating.  The letter about this audit from the RO states that if award is incorrect to ask  Veteran Services to review the award.   Are they talking about a VSO?  We have handled our own case since the beginning.  Does anyone know who we could contact to correct this?  Thank you!

 

 

 

[broncovet]

A common mistake Vets make calculating retro is not understanding that your pay begins the first day of the month AFTER the effective date.  So if your effective date was Jan. 1, 2014, then your first check is Feb. 1, 2014.    In this example you would (have received) the old pay in  Jan. 2014, but wont start payments until Feb.  In other words, if your effective date were Jan 1, 2014, you would only get 11 monthly payments in 2014, not 12.  Many Vets figure an extra month.  

I can not explain the discrepency between the 30 percent and 50 percent.  Did you use the "payments" from ebenefits?  While ebenefits is inaccurate and unreliable, the payments part of it is, in my experience, dead on.  

I do not have a name of a person to contact...VA is like that..they dont want to solve your problems so your requests just get pushed from desk a to desk b and on to desk c, etc .  If you recalculate using the ebenefits numbers, as I explained above, and you are still sure its wrong, then you can try the white house hotline which will likely be routed to your VARO manager (director), who will likely contact you.  

[Navy62Spouse]

2 hours ago, broncovet said:

A common mistake Vets make calculating retro is not understanding that your pay begins the first day of the month AFTER the effective date.  So if your effective date was Jan. 1, 2014, then your first check is Feb. 1, 2014.    In this example you would (have received) the old pay in  Jan. 2014, but wont start payments until Feb.  In other words, if your effective date were Jan 1, 2014, you would only get 11 monthly payments in 2014, not 12.  Many Vets figure an extra month.  

I can not explain the discrepency between the 30 percent and 50 percent.  Did you use the "payments" from ebenefits?  While ebenefits is inaccurate and unreliable, the payments part of it is, in my experience, dead on.  

I do not have a name of a person to contact...VA is like that..they dont want to solve your problems so your requests just get pushed from desk a to desk b and on to desk c, etc .  If you recalculate using the ebenefits numbers, as I explained above, and you are still sure its wrong, then you can try the white house hotline which will likely be routed to your VARO manager (director), who will likely contact you.  

BRoncovet, thank you so much for your response.  It is much appreciated!  Yes, I am aware that the effective dates begin the month after.  Yes, I am sure that these figures are incorrect, especially once I figured out how they come up with the figures they have.  They bounced back & forth between percentages and time periods, starting at 50% then went to 30%, then jumped to 70%.  They didn't even pay an amount for the time period 2/13-11/14.  They are about $67,000 off.   What would the White House hotline number be?  Is there anyone at my VARO in Cleveland Ohio I could contact like th director (as you suggested)?

[Berta]

White House hot line for Veterans :

855-948-2311

I will try to find their RO contact numbers and post here but I think the WH # is the best bet.

They DO make retro errors and made 40,000 error in an audit they did for me years ago.

When I got my AO Nehmer IHD  death award, on another claim, I managed to find most of the historic rate charts back to 1988 and I think those charts are here at hadit somewhere. The IHD seemed to be the right retro. But it pays to check everything.

I don't know what "Veterans Services" is- heck the only real Veterans Services are  found here!

they might think you have a VSO and mean that but I dont think a VSO would know how to handle this.

[Berta]

Director Cleveland VARO  Anthony Milons  1-216-522-3600
 

1-216-522-3518 (FAX #)

anthony.milons@va.gov

Veterans Service Center Manager Charles Moore 1-216-522-4950

 

As of 2015 

[Navy62Spouse]

1 hour ago, Berta said:

Director Cleveland VARO  Anthony Milons  1-216-522-3600
 

1-216-522-3518 (FAX #)

anthony.milons@va.gov

Veterans Service Center Manager Charles Moore 1-216-522-4950

 

As of 2015 

Berta, thank you very much for that info!  Yes, you are right...the best VSO is right here!  I'm so glad we never used a VSO!  I used to be a program specialist for social security disability, so that experience has served me well for writing appeals and making correlations between the evidence and regs.  

I went through the audit figures with a fine tooth comb, made sure I was using the right years for figures.  It took awhile, but finally figured out how they came up with their figures.  Since this was a staged increased claim over a span of 11 years, it wasn't easy.  My spouse had begun at 30% on effective date, then a couple years later increased to 50, then a few years went to 70, then later 100.  The retro was to be paid at 100% IU back to effective date 12/2006, beginning 1/2007.  They broke down the audit into 6 time periods and paid the difference in rate.  They began with a rate difference of 50% for the first two periods (spouse was getting 30%, so should have been 70% diff), then went to 30% (which was correct), then went to 70% for next 3 periods (first two of these should have been 50%).  Then, they stopped and missed the time period 1/13 to 11/14 entirely.  At least I can explain what was done and what needed to be done to them.

per your suggestion, I will start with the White House number first and see where it progresses from there.  Again, thank you so much!!!

Edited January 8, 2018 by Navy62Spouse