What’s the timeline on backpay with an attorney?

[JefftheVET]

My SOC was dated 10/22/18, and I have an attorney. I am not a retiree, just wondering if someone can shed some light on their backpay timeline.

[jfrei]

They have to figure out how much goes to your attorney first and then they give you your portion I would send an iris message and ask what is the hold up, if it’s a large amount of retro it could take a bit unless you have a hardship flagged on your claim then it  might be the only way to get a retro quicker then normal.

 

[JefftheVET]

On this past Friday they told me it had been sent to finance to take out the attorney fee. Hope it doesn’t take forever.

[jfrei]

Shouldn’t be to much longer but I know it’s the holidays so I don’t want to build you up to fail for Christmas 

[broncovet]

WHOOOOAAAA HOSS!!!!!

An SOC means you wont be getting any backpay, as at least part of your claim is denied!!!  An SOC is an "intermediate step", after you file a NOD, but before YOU file an I9, and before your claim is "certified" to the BVA.  

TIME FRAME for legacy appeals:  Approx, see BVA chairmans report or CCK law site for more current numbers:

1.  Time to SOC after you file NOD.  1 year.

2.  Time it takes YOU to file I9.  It depends on you, but average is about 45 days.  Notice "your" part is the fastest!!!

3.  After you file the I9, it takes about 2 MORE years for your VARO to "sit" on your claim and finally "certify" it to BVA.  Total since I9  about 3 years.

4.  It takes, after certification, about 1-1.5 years for BVA to finalize your appeal and issue decision.  Total about 4 to 5 years.

5.  If granted by BVA, expect another 3-8 months or more for your VARO to implement the board decision and send your money.  

If you are at SOC level (unless this is a partial award, partial denial), you have about 4 more years to go, and, you still have not been awarded so there is no guarantee you will ever get any money.  

To speed it up (UNLESS you have at least some benfits already awarded), opt into RAMP.  This could cut your 4 year wait by 3 years or so, as "Certification" (2 years) and "SOC" (1 year) is eliminated. 

Also, "not counted" in the above numbers is the amount of time your VSO "sits" on your claim, waiting to "prepare a brief to the BVA" for you.  This can take from 0 to 18 months additional time.  It should not be that much time, if any, if you have an attorney.  

You should ask your attorney these questions, he or she should be able to view your VBMS, which would give a much more accurate picture than we can.   

Edited December 18, 2018 by broncovet

[JefftheVET]

My SOC included information about the claim that was granted also. There were other things that were denied but I was also granted. So I was just asking about the timeframe for my backpay on what was granted.

[smithmary614]

Jeffthevet

How long did it end up taking to get your retro pay? I got an SOC dated 4/10/19 with two things increased and others denied. Those increases will up my overall rating and give me some retro but I'm just wondering how long? I'm already expedited for financial hardship but I got newly service connected for three other things that aren't rated yet and the 1-800 number told me I won't get retro until those are decided.