AMC holding my retropay hostage

[brandino]

I filed for TDIU back in july of 2014 and was denied I went through the entire Appeals process and was granted TDIU

I also have on the appeal a REMAND for Special monthly compensation. The SMC stems from the VA doing botched eye surgery on me which has now effected my life forever (for the worst)

The BVA has since sent both issues to the AMC. TDIU was granted SMC is on remand.  

TDIU was granted this year July 12th. I have already received my packet and the SMC remand has already received a C&P exam and given me a docket number in the 50k range

The AMC has no call center and isn't under the jurisdiction of the BVA or pretty much anybody.

It has been 12 days and I have received no retro pay they haven't updated anything in my records stating I have been granted the TDIU 

 

I have called the Trump hotline multiple times. I have contacted the BVA (don't bother), the RO (nope) and my VSO (trying to be helpful?).

 

Basically from what ive ascertained from the 1000 number and the trump hotline is that the remand is holding my granted item hostage

I could be looking at anywhere from 7-17 months for my remand to be finished. What I find most peculiar is that apparently they cannot pay my backpay on my GRANTED TDIU until my REMANDED SMC is finished.

 

What is going on here?

Who knows about this stuff?

Why are they holding my backpay hostage?

Why was the call center to the AMC dissolved?

How is it possible for the AMC to hold my backpay hostage on a granted item due to a separate item being on remand

im incredibly perplexed and honestly really pissed that I could be waiting a year and a half for backpay on something that was already granted

[Berta]

Brandino, you might want  to whip out this Fast letter on them but give them some time to do it:

(please note I just opened it OK)

On 7/24/2018 at 3:40 PM, brandino said:

How is it possible for the AMC to hold my backpay hostage on a granted item due to a separate item being on remand

They can't - but you might want to remind them with that fast letter-I would give this more time- if I were you-

I know how frustrating that can be-

----------------------------

I get disappointed here when an issue like this pops up and no one considers it as potential 1151:

"The SMC stems from the VA doing botched eye surgery on me which has now effected my life forever (for the worst)"

Did you formally file this as a Section 1151, 38 USC claim?

Was the TDIU award solely for one single SC condition?

Can you give us the BVA Docket # of the remand?

When I won my AO DMII claim, the VARO clearly owed me more cash-

It involved a FTCA offset yet they had all the info they needed to send it to me. I finally called the VA OGC and one of their top honcho lawyers sent the RO an order to pay me.

You are here with some hard core claimants like me-and we all have waited for the money to get into our bank accounts-

The remanded claim - if they already granted this as an 1151 issue-and it was rated at 60% under 1151 -And the TDIU was Solely for a different separate condition, they should have inferred SMC ( I been there done that- SMC CUE in CUE forum)

But as I see this- you claimed SMC due to to negligence----

Did the BVA or VA re characterize this to be a 1151 claim?

Section 1151 38 USC is explained i detail here in the FTCA/1151 forums.

I have won 1151s, and also won SMC based on 1151.

I dont understand the SMC  basis here at all- unless it involves a formal 1151 claim.

 

 

 

 

Edited July 27, 2018 by Berta

[broncovet]

  12 days is "seconds" for VA.  You have to understand you will need to get an "implementation" decision from the VARO before you get back pay.  

Dont expect your backpay for "at least" 30 days, and 1 to 6 months is typical and normal.  I have had BVA remands complete in a month, (the earliest) and one took 3 years, with an average "about" 3 months.   If you call the white house hotline (now), you will be seen as a chronic complainer, not getting your retro in 12 days.  

Stuff just does not move that fast in VA.  Get used to it.  

[brandino]

Okay sorry guys I wasn't trying to be difficult or mouthy

This is my first appeal and that money is sorely needed.

Ill hurry up and wait

 

Im not worried about the remand taking time

I was just concerned about them doddling something the judge already granted

Edited July 24, 2018 by brandino

[vetquest]

On a remand the action items must be complete before an RO will usually release funds.  I understand needing the monies but the VA works on their time, not ours.  When you get the retro spend some it on yourself and then invest the rest in a house or with a good financial advisor.  It is amazing how fast it goes if you are not careful.

[brandino]

14 minutes ago, vetquest said:

On a remand the action items must be complete before an RO will usually release funds.  I understand needing the monies but the VA works on their time, not ours.  When you get the retro spend some it on yourself and then invest the rest in a house or with a good financial advisor.  It is amazing how fast it goes if you are not careful.

Right but im not worried about the remand

The remand has nothing to do with my TDIU which was granted.

The remand has everything to do with the VA botching my eye surgery and blinding me.

I just don't understand why they cant dole out tdiu which was granted and work the remand later.

They make it sound like I have to wait for the remand to be completed before I can receive what was already granted

[vetquest]

7 minutes ago, brandino said:

They make it sound like I have to wait for the remand to be completed before I can receive what was already granted

That is correct.   You have to wait for the remand to be completed before you can receive what was already granted.  It has happened to most of us.