Auditing a past retroactive pay

[p.bootsy]

I've received two retros,  one in 2015 and the last I'm 2017.  Both notices said that I was being paid as a veteran with no dependents.  During the retro years,  my daughter was receiving benefits  and stopped in September 2009.  How can I be certain if the VA included her portion.   Tried to appeal using ramp, but their decision is upheld.  What do I do next?  Thanks. 

[Berta]

Do you mean their decision regarding your daughter as a dependent?

You could write to your VARO and request an audit.

I have a brief audit thing that came with my Nehmer AO award.

It never made sense to me and VA told me all accrued benefits were paid 2 years agowhen I challenged the decision.

I have been going over the audit carefully  using the past Comp rating charts, and found that they are missing about 2 years retroactive at 100%.

This happened to me before- the regional counsel had to look over my AO DMII claim and saw my letters there in the C file telling them they had withheld too much for  my DIC for a FTCA offset.They ignored my letters and I was in college at the time- and more focused n my AO DMII death claim.

The RC ordered them to  pay me and I got a little over 27 thousand. I got an audit staement with the letter and went over it carefully. They had forgotten an entire year of my DIC , over 11,000 bucks.I sent my calculations directly to Finance department and got the rest of what they erroneously withheld- in about 3 weeks.

I have a CUE recently filed on their last decision- because something is wrong with the audit-

in it over 46 pages with the regs etc, the Nehmer RO awarded for IHD 1988  to 1994, awarded 2 CUEs I had generating SMC, and properly considered VAOGC Pres Op 08-97 which my VARO Buffalo- does not seem to understand.

Yesterday I realised they owe me far more than I thought. I am sending a 4138 with my calculations to them as well as to their Finance office.

Oddly enough (I am telling all this because it might help someone else as to OGC Pres Op 08-97) ***

the Nehmer decision contains  a 3 page evidence list, that confirms the DIC error and also the fact that OGC had to order them to pay me for something else-for which my letters were ignored.

Did you send them proof originally that you have a dependent?

** *VA OGC Pres Op OGC 08-97 provides that VA must pay ALL "as if SC" 1151 compensation in additional to ALL SC comp.

The problem is that I am the only claimant as a survivor that I know of ,who has awards (posthumously) for my husband's 100% P & T for PTSD and also 100% "as if" SC P & T for a stroke that VA caused.

And a Direct SC DMII (AO) death award in addition to a 1151 DIC wrongful death award.

I should put that info in the DIC forum.I dnt thik tyhey are eve allowed to "combine" 1151 with SC comp but they do sometimes.

 

 

 

 

 

 

 

 

 

 

[p.bootsy]

Thank you for responding.  When I had first asked my VFW rep how do I get an audit review for the two retros that I believe didn't include my daughter on the decision letters June 2015 and September 2017, he said that I had to request an audit using form VA 22-4138 as ND provide details why it's needed.   He told me that it's gonna go to the Finance Dept (where is that located?). I should hear something from them.   OK,  what  VA did was used that form to input my request as an appeal (not as an audit request) and eventually it went through to the RAMP appeal process and got denied.  No finance Dept overhaul or breakdown.  I also really submitted the VA 686c form twice - still rejected.  I don't even know if a finance Dept exists for my state (NY) - I would have sent my request directly to them. This is where I'm not going to give up but strive to find the way to get this audit done from the elusive finance Dept.   The VA Call Center doesn't want to give us Veterans that kind of information. 

[broncovet]

Ramp decisions can be appealed the same as any other:  If its a BVA ramp, you appeal it to the CAVC, if its a RO review, then you appeal it to the Board.  You did not mention which.  Its probably a RO Ramp decision, as you wouldnt have gotten a BVA done that quickly.  

As Berta said, you should appeal but make sure you have done your calculations AND, VA has documentation of your dependents.  The only way you will know that is by ordering your cfile.  The VA threw away my depenedent docutmentation at least 4 times, then said they knew nothing about it, and that I filed it too late.  I bet this is what they did.  

[Berta]

PBooty-I am in NY Too-and I  sent  the letter to the Finance Department ,in the past, at Buffalo VARO but that was many years ago- I have been doing my calculations, and getting angrier by the minute- I knew the amount was wrong but had no idea how much they owed me until earlier this week . did the calculations many times and checked my math-

I dont know if I should send this to the Intake Center or file an IRIS complaint.

I will  also be sending it on a 21-4138 to the VARO ,to support the CUE I filed.And to the Secretary-

After my legal evidence was put into the first CUE, there was a second CUE I added and then I added this:

"Due to this second CUE, explained below-I am sending a copy of this claim and all of my evidence, not only to the Intake Center but to the Secretary because I am tired of Buffalo VARO ignoring my evidence. It has happened too many times to me, as my C file reveals. And I believe it has been deliberate as my House VAC ,Sub Committee Disability and Memorial Testimony of February 15. 2008, shows."

The Nehmer Evidence list also reveals how the Regional counsel, and then the General Counsel had to order them to pay me in the past, as they ignored my letters.

For me, it really isnt about the  money, I put this CUE off for over 2 years,knowing the retro was wrong, --- it is about a promise my husband asked me to make to him - never dreaming 4 hours later he would be dead- due to VA health care itself . (I didnt really want to deal with them again.)

and it is for me, revealing the competence , that I , as a widow and too many veterans here have had to put up with for too many years. Vets here and vets we don't even know about-who might not even realise that VA manipulated thir retro within an audit. 

I also filed a third CUE on 2 phone calls from their Director-they show ( and the decision I am cueing bears out what she said ) that she does not even know basic VA case law and regulations.

 

 

 

 

 

 

 

 

 

When I go over their audit in my AO award letter, the right hand side is where they add up the amounts due the claimant- but even without my calculations, that amount is off.

 

[Buck52]

just curious

I been thinking about requesting an retro audit  back from 2003. when I was Adjudicated TDIU P&T

I  figure they beat me out of a lot of retro  when I was awarded TDIU P&T  back then.

The retro should have been paid within 4 years  from 50% to the IU Rate of 100% there's a big jump between a 50% rating  going to the 100% rate of IU .

 keep in mind I had been paid the 50%rate up to 2003.

My retro back then was paid close to 10.000.00 and looking back into my C-FILE which is now on CD  I should have been paid more than the 10.000.00 at that time.

  4 years of retro going from 50% to 100% is what the retro should have been paid  and I just think its way over the 10.000.00 they did pay me.

Now I am not sure they will go back to 2003 and reopen this claim for an correct audit for the correct retro or not.? maybe the statue of limitations has run out?

I been trying to find a certain record from the code rating sheet that I got back when I got my award it was in my award packet,  but from reviewing my C-File  that record is not in my C-file this code rating sheet explains how and why they rated me the way they did  the years as I remember was suppose to be 4 years of retro  from  Feb 1999 to June 2003

but I should have this rating code sheet  I am currently looking for it,  got about 10.000.pages to comb through.

How convenient for the VA that this rating code sheet is not in my C-FILE.? eh!

this code rating sheet will prove the years of retro I should have been paid.

But I am fairly sure I have it in my records here at home.  just have to find it.  eh!

Edited August 18, 2018 by Buck52

[Berta]

"Now I am not sure they will go back to 2003 and reopen this claim for an correct audit for the correct retro or not.? maybe the statue of limitations has run out?"

There is no Statute of Limits if you file a CUE claim on the audit.

As I mentioned here somewhere- the VA kept deducting (for years) the FTCA offset I had negotiated with General Counsel for my wrongful death case.from my DIC. I written to them many times about it with no response.

When I filed a new claim for Direct SC death, they had to give my files to Regional counsel to confirm the FTCA matter- which he did-

but he also noticed my letters as to the improper withholding of my DIC.

He filed a CUE against the Buffalo VARO and ordered them to pay me.

At the time I had no idea the RC had my stuff and I got a check for a little over 27 thousand in the mail.

I made 3 calls to the 800# thinking is was a mistake but was told to wait for the letter.

After I got the letter telling me of the Regional Counsel CUE , I went over the audit that also came with  it.

They had forgotten an entire year of DIC and manipulated the audit to make it appear to be kosher-

I sent a copy of my calculations to their Finance Department and got a little over 11 thousand more.

That is why I filed CUE against them recently over the audit from my Nehmer case.

The Regional Counsel did it that way so this is the way they will have to resolve my issue.

It is a clear and unmistakable error if the VA snookers any claimant out of their proper retro.

 

 

But you need to have bonafide legal evidence of their legal error, that was to your financial detriment.

 

Edited August 18, 2018 by Berta