Retroactive Pay Question

[PBarSr]

Let me begin with some timeline points, before I get to my question.

1999 Exited the Air Force Honorably. Married at the time with two kids (hers from previous marriage)

2000 Filed for VA disability for a few items. 

2001 was granted 50% disability. Marriage went south (divorced 2003)

May 2018 my lawyer sent the VA a letter of Intent to File.

June 2018 my lawyer filed several claims for various disabilities.

July 2018 I receive a dependents update form from the VA. I fill it out and return it. (Reflects remarried with one child)

Late July 2018 I receive a letter from the VA saying I was over payed since 2001 for dependent pay I wasn't entitled to, to the tune of $16,000+. I immediately call my lawyer and he checks my C file and determines that on two occasions, I formally requested that the VA remove my dependents and pay me as a single disabled vet.They didn't change my dependents until 2018 when I returned the form. Lawyer formally argued that due to formalities, they should waive the debt. 

August I attended C&P exams for newly filed disabilities.

Sept 2018 VA begins withholding my entire benefit to satisfy my debt.

Dec 19, 2019 VA Board of waivers grants my waiver for $15,000+ and denies $1000+, effectively reducing my amount owed the VA to a grand, which they have already more than satisfied by the 4 months of benefit they have already withheld. 

January 23, 2019 VA awards me 80% for new disabilities and pays retroactive pay for the extra amount they withheld from me the last few months. (Nearly $3000).

Feb 2019 I receive my first updated amount of benefit. ($1860-ish) I do not receive retro pay to May of 2018.

Late Feb 2019 I receive a letter from the VA debt management office saying that a payment of $5700+ dollars has been paid towards my debt of $16000+ ??? I call lawyer. He checks into it and assures me that it will get ironed out. After all, I have a letter saying the debt was waived. I call the VA debt management office and inquire why the retro pay was sent to them. They can't answer. Say they will audit my file and it will take a month or longer to do that. Also call VA and ask why my retro payment was sent to the Debt management office. They assure me that they will put in an inquiry. 

Today I called the VA and inquired with them about a status update. Clueless. They show no request for an inquiry. GRRRRRRR... I breathe deep and calm myself. I ask them to please do an inquiry and find out where that money is and get it to me as quickly as they can. The kind VA rep complies and gives me an inquiry #. 

 

 I remember when I was active duty, and even when I was civil service, the government wasn't efficient all the time, but 90% of the time, stuff got done to the satisfaction of the commander, or butts got chewed on... Why is the VA so horribly botched up? 

I received a waiver of Debt in mid Dec, and an award in late January, and they mailed my retro payment to the VA debt management office, but YET, managed to pay me my new 80% disability payment on Feb 1... It blows my mind on how incompetent this govt agency is. What repercussions do I have against a government agency? Are there any actions I could take to speed up this quagmire? I need that retro money for some very necessary home repairs... 

Thanks for reading this small novel, lol.

[Berta]

You can file an IRIS complaint-it will get to VA Central as well as to your VARO.

Go to https://www.va.gov/

click on the Contact Us button, then click on ask a Question and you will be redirected to IRIS.

File this as a complaint ( there is a popdown box at the site for that) and tell them what you told us.

Ask for an email reply ( it might take 2 weeks) but email is hard copy= a phone call isn't, unless you prefer a phone call response.

And/Or call the White House Hot Line to complain.

1-855-948-2311

 

[PBarSr]

Thank you Berta! 

I followed your guidance, and did BOTH of the things you recommended. It seems both options are going to take anywhere from 2 weeks to a month to get a response, but at least I'm shaking things up! 

Again, Thank you for the advice!

 

Pat

[Berta]

Sometimes vets have to use what I call a warfare maneuver ( I am a tactical warfare student)-

I call the tactic TTOOB and have had to use it with VA MANY times.

(Take Thumbs Out Of Butts)

My most recent complaint to the WH Hot line and a complaint to IRIS, still goes unanswered...it has been almost 2 weeks I think-

that's OK- I think I was right all along- I believe a posthumous C & P exam was done by a non medical person,and when I find out- if I ever do, who wrote it-

I will really Raise Hell with the VA.

These problems like yours are frustrating and cause us lots of anxiety we might not have had before they occurred.

When I look back at some of the stupid crap I have received from VA, I can laugh about it now but at the time, I wanted to ask the Secretary how come VA hires claims people who cannot even read.

After VA lost and found my AO IHD death claim ( which made many VA trips to the wrong VAROs,)

the Nehmer VARO in Phila got it- and that is where raters had been trained in Nehmer.

I got an immediate  denial because they said my husband ( a Vietnam Combat Veteran) did not have IHD  in his SMRs.

I immediately filed an IRIS complaint and a CUE-stating that most of the men and women in Vietnam during the war were KIDS, accepted into service with a clean bill of health, still in their teens.My husband had turned 18 months prior to being sent to Vietnam, Danang USMC.

AO has been the most important vet issue of my life, and I was outraged by the denial but they fixed it very fast and awarded. The bad part of that is- I knew the decision was ridiculous and could get it fixed - very fast-but how many other widows or veterans got something like that and walked away, never even appealing it.

Some of the finest people I know work for the VA. I did as a volunteer and my husband was a VA employee.

They often work side by side ,however, with VA illiterates or VA incompetent people.That includes their medical professionals as well as the claims processors....as my husband's death revealed.

 

 

 

Edited March 3, 2019 by Berta