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I've Got Decision Letter Problem


63Charlie

Question

Recently I noticed a deposit of several thousand smackeroos in my bank account from VA comp and pen.

Logged into VA.gov to search for what was granted, as I have multiple appeals pending.

VA.gov only indicated a claim closed on Feb 24, 2022 for a compensation issue.

It said a letter had been mailed to me regarding the decision.

I've waited ten business days for the decision packet to arrive in the mail but nothing so far.

 

I called the VA 800 number.

I was told there was no decision letter by three different VA employees.

I informed each employee that a decision letter is required to be sent.

 

One VA employee informed me that the money was deposited in my bank account because it was money the VA wrongfully took out for attorney's fees.

Strange.

I've never raised this issue.

Did the VA CUE themselves?

 

Not sure how to proceed... but I did submit a complaint to the VAOIG regarding the matter.

Something smells fishy about this.

 

I truly want to preserve the time to file my appeal just in case I want to challenge the VA decision.

 

 

38 U.S.C. 5104 states that the VA Secretary shall mail claimants and their representatives notice of a decision in a timely manner. The corresponding regulation is 38 C.F.R. 3.103(b)(1), which states that claimants and their representatives are to be notified of any decision impacting the “payment of benefits or granting of relief.”

 

 

 

 

 

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16 minutes ago, 63Charlie said:

Not sure how to proceed... but I did submit a complaint to the VAOIG regarding the matter.

Typically, a veteran has one year from the date of the decision letter.  It may not be a decision letter but a different type of award/grant. Try contacting the VAOIG. 

How long do I have to start my appeal? You have one year to appeal our decision. Your letter saying that you disagree with our decision must be postmarked (or received by us) within one year from the date of our letter denying you the benefit.

4107.PDF (va.gov)

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Charlie the VA OIG has a detailed complaint form on line-

They do not handle claims issues, per se, but in your case they might.

https://www.va.gov/oig/apps/info/hotlineGeneralContactForm.aspx?cc=s

They will immediately accept the complaint and give you a copy of it on line but you have to copy that fast and save in you PC, as theycannot be reached by your link to them where you filed the complaint.

and they usually will snail mail you their formal acknowldgement of the complaint and also might call you. They only use email on complaints very carefully-

For anyone interested,

the first complaint box has a limited # of characters. The rest of the complaint, they give you plenty of room to discuss and can accept attachments-

Think about how serious your complaint is and shape that first small box ,in a way to garner their immediate attention-carefullychoose your words, as the rest of the form will give you plenty of room to expand on your complaint and send them evidence.

Make sure you give them any names of any individual who is important to the complaint- and any contact # you have for them.

Something does seem 'fishy' here. 

 

 

 

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Posted (edited)

I like Asdf's answer..Go find a VSO with VBMS access.  VA employees will tell you Putin is our  president if they think it will get you off the phone.  You really can not trust what employees tell you on the phone.  For one thing, they may not have that much better access to information than we do.  

Thus, you need to check VBMS.  

In the alternate, go to ebenefits/va.gov "letters" section.  Compare a letter to what you have.  

Of course you are due a decision per 38 CFR 3.103 as you suggested.  

However, VA blames "the backlog" for just about everything.  And now, its "the backlog due to covid's" fault.  

Further, my mail is so unreliable, that my shipper suggests not using the US Post office..and they do Fed Ex, UPS, etc.  The post office is "in chaos" now.  They dont call it "snail mail" for nothing.  

 You said that ebenefits uses a date of Feb. 22.  Remember there are multiple steps here.  The decision has to be promulgated, and more stuff.  I dont use VAOIG for delays..certainly not a 3 week delay.  NOTHING goes fast at VA.  Wait a week.  Or, get a VSO with VBMS access.  

Remember, "retaliation" is alive and well at VA.  I dont see what good can come from a VAOIG complaint at this time.  Almost all of us have gotten stuff "way later" than we thought possible.  

Edited by broncovet
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Broncovet-he already filed an OIG complaint and I believe it has merit-

"One VA employee informed me that the money was deposited in my bank account because it was money the VA wrongfully took out for attorney's fees.

Strange."

It sounds like they had to CUE themselves-did you actually have an attorney?

Or are you the attorney?

I had a situation like that for a local vet- the VA ,due to my letter to them, would not pay his attorney fees. They had withheld them for payment from his comp. His attorneys didnt do a thing for him and I helped him get his award.

They are not with NOVA anymore.As far as I know.

A vet lawyer (RW) is in trouble with VA for his fee situation .

We have to be careful who we deal with ,at every level.

 

"

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To clarify- I know VA disabled veterans who are also attorneys., for claimants and/or other speciaties,

One of my lawyers is a disabled Vietnam veteran and he needed my help for his VA claim.

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