Dates and more dates? for possible EED

[Buck52]

If the VA R.O. Makes errors in your Award letter and also in your EOB about your effective dates more than 3 times  with different dates , normally this would be called a flat out error and the veteran could possibly CUE them on these dates 

but how do they find the correct dates?

and also I was told that when VA Makes a TYPO error  this will be in the VA Favor  and the Vet loses.

In other words they have my EED down several times and all different dates so I don't know what the heck to do.

who decides what are the correct dates?

They have my DATES ALL SCREWED UP AND i AM TOTALLY LOST.

My reason I am onto this I was reading my CD Format C-FILE and found all these errors on my award dates   dating back to 2002/2003 and from what I found they shorted my retro by thousands.  but I need to know the correct date   to do anything  and I need proof.

Any body have any suggestions?

[Buck52]

Thanks Pete & vetquest broncovet vync GB,Army  I appreciate y'alls time helping me figure this all out.

I want to do a much as I can before contacting an Attorney

Is the M21-1 part III Subpart vi Chapter 8

Miscellaneous Authorization Issues

Is this Where I need to go?  I realize this is for them (VA) to decide but it could help me to know what to expect and do.....yeah let the attorney figure it out!!!...

PLEASE KEEP READING

Follow the steps in the table below to process a request for an audit of financial payments and/or accounting from a beneficiary or a retired pay center (RPC). 

 

Step

Action

1

Establish an end product (EP) 290, using the

date of the request’s receipt by VA as the date of claim, and

more appropriate of the following claim labels:

Audit Request (for compensation claims), or

PMC – Audit Request (for pension claims)

enter Audit request as an associated contention, and

add a 30-day custom tracked item labeled Audit.

2

Review the substance of the audit request and use the table below to determine the next action.

 

If the audit request raises ...

Then ...

questions concerning authorization-related matters that 

necessitate a benefit entitlement determination, or

the authorization activity can easily answer or resolve without involving the finance activity

Examples:  Questions concerning

withholdings

recoupments

benefit entitlement

payment rates, and/or

effective dates.

review the beneficiary’s award history and payment record to determine if corrective action is needed

take any necessary award action to implement needed corrections

provide the beneficiary and/or RPC with a corresponding informational or decision notice

clear the pending EP 290, and

disregard the remaining steps in this table.

Note:  If an award adjustment is necessary to correct an error, change the EP 290 to an EP 930 and make the award adjustment under the latter EP.

more complex financial payment questions that exceed the authorization activity’s ability to resolve

proceed to Step 3.

Example:  A Veteran submits a request for a financial audit, indicating his recently adjudicated dependency claim was awarded from an incorrect date.  A review of the claims folder reveals the following:

The Veteran has been assigned a 40-percent evaluation since February 19, 2010.

His youngest child was born September 19, 2016.

He submitted a fully complete VA Form 21-686c on March 7, 2017.

An award action authorized May 1, 2017, awarded additional benefits for the child effective March 7, 2017 (payable April 1, 2017). 

Analysis/Result: 

In light of the timeliness of the claim’s filing, additional benefits for the dependent should have been awarded effective the date dependency arose (the date of the child’s birth), rather than the date of the claim’s receipt.

Because the substance of the request, although couched in terms that reference an audit, relates to an entitlement determination routinely made by the authorization activity, the request need not be referred for the finance activity’s review or action. 

The authorization activity must process an award to adjust the effective date of the award of additional benefits for the dependent and provide the Veteran with a corresponding decision notice.

3

Send an encrypted e-mail requesting performance of an audit to the local finance activity.

Upload a copy of the e-mail to the beneficiary’s electronic claims folder (eFolder).

Reference:  For more information on the finance activity’s responsibilities with regard to audit requests, see M21-1, Part III, Subpart vi, 8.5.b.

4

Did the finance activity determine an award adjustment is necessary to resolve discrepancies in the beneficiary’s payments?

If yes, make the award adjustment under the pending EP 290.

If no, clear the pending EP 290.

5

Provide the beneficiary and/or RPC with a corresponding informational or decision notice.

 Notes: 

There is no standard form requirement for a request for financial audit.

Do not include review rights when notifying a beneficiary of the outcome of a request for a financial audit unless the request resulted in an adjustment to the beneficiary’s award.

 

Source  : ''Dept of Veterans Administration ''

[broncovet]

Yes, you can try an audit request.  Remember, tho, if you want to move a mountain, you need a big shovel.  A spoon wont do it..you wont live long enough.  

There is a LOT of retro involved.  Think about it.  You are a GS 11 rating specialist.  You have a boss..or several of them.  Do you want your boss to call you in and say:

Quote

What is going on here???   You approved a claim where the Vet was cut a check for more than $100,000?   We dont do that.  When the retro amount is that large, it takes a judge to award it.  Yes (rating specialists) can do "regular" awards where the Vets gets 10,000 or maybe 20k.  But a $100,000 retro, kills our budget.  In the future, if you want to keep your job here, "Use extreme caution before you sign off on 100k retro's".  It kills our budget!!! We can award 10 Vets 10,000 each for that kind of money.  

(If you think the VA isnt money driven, well Santa Claus does not reside at your VARO).  

You can go ahead and try..(an audit), as your M21 says.  Its been my experience:

Quote

The bigger the retro, the harder it is to get approved and the more you need an attorney.  

 

[Buck52]

Well  guess its time to start looking into getting a Attorney  especially an experience one with EED Experience or  multi wrongful dates set.

I hope to find an attorney that has seen and tried these type of cases.