CHECK your RETRO!!! (ask for audit)!

[broncovet]

As many of you know, I recently won my Earlier Effective date and smc claim.  The retro deposit was "way, way" off, and I knew it the minute I saw the deposit, as I had done a spreadsheet and checked it.  

So, my advice is to "check" your retro, and if its wrong ask for an audit.  I did, requested an audit and VA corrected it and sent me another deposit about 3 weeks later.   There are retro calculators:

https://cck-law.com/va-disability-retro-calculator/

Now, this retro calculator does not work for SMC.  So, I could not use it.  Dont let the name "spreadsheet" scare you.  With Microsft office its called "Excel", but with open office (free!!) its called "CALC".  

It is really pretty easy.  Look up the comp for each year, and put them in a column, next to that put the date.  For example, if you were 100 percent, and 18 months retro, just put in the current rate:

1 Feb. 2020            3279.22

1 Jan 2020             3279.22

1 Dec. 2019           3227.58   (cola)

 .....

keep going for each month and then just click "add em up", and it will total all of them in that column.  Its simple, but it is a bit tedious..You shouldnt mind "adding up your check" tho.  

If you do it this way, it should be accurate..at least if your dependents are accurate.  

[Buck52]

Great Info brocovet .I saved this to my favorites.

[Vet7707]

How do you ask for an audit? I believe my retro is incorrect too

[Berta]

I  requested 3 audits over the past 20 plus year-and my RO refused to act on those requests.They were ordered to pay me, on two of them- by the Regional counsel, on one ,and then in the second instance,  by General Counsel.

The third request I sent to the Finance Office of my VARO.What they had sent to me ,due to the Regional Counsel calling a CUE on them, was missing an entire year of DIC.They fixed that fast.

Also I have requested a fourth audit-in process, but this time I sent my audit request to the IG, also to the IG lawyer who handles VA audits, and to two RO directors.

I also filed 2 CUE claims- which I told the ROs, involved, -that if the audit is proper, I could withdraw the CUEs.

I have the whole story here on my situation. It involved 98 , 210 bucks.  That is a lot of cash the VA deliberately withheld from me.Good thing I fought back.

I suggest maybe a CUE claim is the best way to request an audit-although I did get fast result with the letter I wrote to the Financial Dept of my VARO.

This is the CUE I wrote and subsequently filed the audit request above.:

"I state that the VA failed to apply the basic concepts and evidentary requirements of  38 USC, Chapter One, Part 4, Subpart A, under 4.6 et al, thus:

“Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “

http://cfr.vlex.com/vid/4-6-evaluation-evidence-19774393

 

The VA's CUE lies within this statement on page 2 of the January 17^th,2012 decision :

“ Entitlement to accrued benefits for cerebrovascular accident  under 38 USC 1151 is granted with an evaluation of 100 percent effective August 9,1992 to March 1, 1993.                              Exhibit A

That is wrong based on all evidence in VA's possession at the time of the veteran's death.

"The veteran, Rodney F. Simmons was totally and permanently disabled by his August 9,1992 Section 1151 CVA until his death on October 14, 1994. His”residuals”certainly did not alter the medical fact of his total and permanent disability from his Section 1151 ,38 USC “ as if service connected” stroke on August 9,1992.

He was certainly housebound and that is not the issue here.

The VA's failure (CUE) to consider and evaluate the evidence VA had in their possession manifestly altered the outcome of the decision referred to above ,January 17,2012, to my detriment as the claimant and surviving spouse of the veteran, Rodney F. Simmons."

I then listed the multiple pages of evidence of my husband;s 100% P & T 1151 stroke, in their possession  at time of the decision.

They owe me 21 months accrued at 100% P & T plus SMC S.

The other CUE -I have already rattled that one off here---

The director tried to get me to believe a false statement by phone, twice.She tried to convince me that my husband was 100% total but not permanent when he died regarding he stroke-all of the evidence they had determined the stroke had totally and permanent disabled him.Much of it from the VA itself.

This was not an issue when they awarded him posthumously an upgrade from 30 % SC for PTSD.

I already rattled off the skirmish after they denied...they fixed their error fast. 100% P & T for SC PTSD.

However you handle this audit request- you could do what I have done for past CUE claims I had- I figured out by the specific rating charts over the years just how much they owed me and  attached that info, by year,  with the CUE claims.

 

 

 

 

 

 

[Berta]

Just to add....I didn't even know ,when I wrote to my RO's Financial office, long ago if they really even had a Financial Office-they had made ,by then so many errors in every claim I filed ,that my weird image of their financial office was a small room , filled with a sophisticated computer, for retro payments, but  that had to be programmed by a VA person- who might have been listening  and dancing to rock and roll music, with a lampshade on his head at the same time.

If you go to your VARO's site at VA.gov, they might even have a Financial office listed.I included with that letter, a copy of what the Regional ( Now called District ) Counsel sent to me , advising me he had called CUE on them.

The funny thing is that I got a  VA check in the mail for a five figure amount on a Friday-not too long after sending the letter to Financial  but the RC's letter had not arrived and I called VA because I thought the check  was a mistake. Then Monday I called and got the same 800 person and told him '" JIm-( we knew their names and voices in those days) I still think the VA made a mistake on that  check, but I spent it all at K mart Saturday-he laughed and said I know you are kidding, Berta, and the VA does not make a mistake like that.They just put on the 800 # computer that they have mailed you a letter."

 

[Marine Corp 69/70]

Got a BVA decision on a sleep Apnea claim. Had a sleep study a the VA on 04/16/2013 said to use a cpap, file a claim on 05/13/2013 got paid from 06/01/2013 to 01/01/2020. But I read that if you had a sleep study at the VA you get paid from when you get the cpap. Which is a month earlier it come to about a thousand dollars should I appeal it.

 

 

 

[Buck52]

YES APPEAL IT IF YOU WANT YOUR 1000 BUCKS.