Need help finding regulations

[Confusedvet1]

Hello,

I was hoping someone could help me find the law, regulation or official policy and guidance regarding retroactive backpay.

Specifically I'm looking for the official written rules regarding the calculation of back pay using the various rates of each year. 

Basically I want the rules that say why they don't pay your backpay at the going rate and use the rates from all the years they didn't pay.

[broncovet]

Great question.  My opinion is that this precedent was established long ago, and probably never challenged in court.  Its VA's own interpretations.  Chevron deference says the court wont alter the VA's own interpretitations  unless its "arbritrary and capricious".    It may be "ripe" for appeals, and you could be "the huckleberry" to do it.  

Your attorney could argue this is inconsistent with "the pro claimant system" as that interpretation is not claimant friendly.  

Be prepared for a "massive fight of your life", as this would cost VA billions.  You will eventually need an attorney, I would not be a bit suprised if this wound up in the United States Supreme Court.  

There are not regulations "for everything".  

CCK law talks about back pay:  https://cck-law.com/blog/how-does-va-disability-back-pay-work/

[Carl the Engineer]

Why would the VA owe you any more than what they paid you.  Common sense says that if I owe you rent from three years ago at 100 dollars and two years ago at 150 dollars and last year at 200 dollars, I would owe you 450 dollars, no more.  So, there is no need for a law when simple math is involved.

Now, interest on money owed, is another thing entirely,

Hamslice

 

 

[Berta]

I might misunderstand your question- I have never seen it asked here in over 20 years.

https://www.benefits.va.gov/COMPENSATION/resources_comp01.asp

 

This link starts at the 2019 rates and below that it has the Historic Rates by year prior to 2019.

 

The rates go up every year if we get a COLA, ( one year we didn't).

and at  the same COLA% our SSA goes up.

 

[broncovet]

I agree with confusedVet1, and do not think its right to delay a Veteran 10 years or more and, when he finally wins, pay him at the rate 10 year old rate, when he spends those dollars, after receiving them in 2021, at 2021 rates.  

This example may explain.  

Lets say you were owed a 20 dollar gold coin in 1910..worth 20 dollars.  

So, the government decides to pay you the 20 dollars in 2021.  

The problem is, a 20 dollar gold coin would cost at least $1910 in todays dollars, not 20 dollars.  That 20 dollar gold coin would have likely paid your rent for a month..or more..in 1910.  Today it would cost $1910 for rent on a similar place.  

This is true with everything you buy.  For 20 dollars, in 1910, you could have eaten for a month.  Now, its one meal..and not at an expensive place, either.  

You should be paid the CURRENT rates for retro, not the "old" rates.  The Veteran bears the entire burden of VA's delays.  This is the reason for delays:  It is in VA's best interest to delay you as long as possible.

Now, lets say you owe 20 dollars to IRS.  And dont pay them.  You are gonna owe back taxes, penalties, and interest.  Hundreds if not thousands of dollars. 

The Vet pays interest on a VA loan.  So, why does he not get interest, when VA delays his benefits?  

[Buck52]

broncovet

AsI understand it  you were paid over 100.000.00 $$$ in retro here fairly recently in last year or two..did they pay your retro correct on the historc months? did they ADD to the  correct retro per month on each year? and added the COLA each years that we got one.

I remenber you calulated your payments and they never added your dependents  and you appeal and you got that back too...did they give you a fair shake?

Edited May 27, 2021 by Buck52