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I've Got Decision Letter Problem

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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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Berta, I was represented by Veterans Pro Bono Consortium that won a remand at the Court but those attorney fees were paid as allowed under EAJA(as far as I know).

 

Maybe they weren't?

 

Two years ago, I won a 100% P&T disability rating upon which my attorney withdrew, so... I have been self-represented in legal matters with the VA ever since*.

 

The attorney left multiple appeals on the table for me to fight on my own.

 

I have since won an increased rating to SMC-S on my own and have received multiple favorable claims decisions involving errors which the VA had to correct.

 

I have and will continue with the ongoing prosecution of my appeals but I hope that my legal matters will be coming to an end soon.

 

I'll be standing by to see what the future decisions hold.

 

* excluding the CAVC

Edited by 63Charlie
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On 3/14/2022 at 5:40 PM, pacmanx1 said:

 "It may not be a decision letter but a different type of award/grant." 

Believe that when the VA awards comp and pen money and deposits said money into your bank account, you can believe that a claims decision was made.

As such, the VA is REQUIRED to send a copy of the decision letter to the veteran.

 

 

Your compensation and pension claim

What you’ve claimed:

Not available

Your claim decision is ready

We finished reviewing your claim on Feb. 24, 2022. We sent you a packet by U.S. mail that includes details of the decision on your claim. Please allow 7 to 10 business days for your packet to arrive before contacting a VA call center. If you haven’t received the packet with the full details of your claim decision yet, you can see your rating by going to your disability page in eBenefits. Check your disability page in eBenefits for your rating.

Next steps

If you agree with your rating, you don’t need to do anything else.

If we decided that an issue you claimed wasn’t service connected, and you have new evidence that you haven’t submitted yet, you can ask VA to reopen your claim. Find out how to reopen your claim.

Has your condition gotten worse since you filed your claim? You can file a new claim for an increase in disability compensation. File for a VA disability increase.

If you disagree with the decision on your claim, you can file an appeal. Learn more about filing an appeal.

Are you enrolled in VA health care? If not, you can apply now. Apply for VA health care.

Edited by 63Charlie
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On 3/14/2022 at 5:31 PM, asdf said:

Get a VSO with VBMS access and they can see the letters and reason for decision without waiting for the mail.

I would rather not "acquire" a VSO.

I don't trust that process.

The only way that any VSO is able to look into the VBMS/veterans claims file is if the veteran agrees to have the VSO representation him/her before the VA.

A big negatory for me.

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15 hours ago, broncovet said:

" You really can not trust what employees tell you on the phone."  

 Strongly agree.

 

" For one thing, they may not have that much better access to information than we do."

Strongly disagree.

I've had a 1-800 phone rep at the VA email a claims decision letter to me 

Remember, they are the gatekeepers.

 

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

No new decision letter 

 

 

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6 hours ago, 63Charlie said:

We finished reviewing your claim on Feb. 24, 2022. We sent you a packet by U.S. mail that includes details of the decision on your claim. Please allow 7 to 10 business days for your packet to arrive before contacting a VA call center.

Since it has been beyond the 10 business days, you can call your local Regional Office and make an appointment to go there and discuss the funds put in your account. When there, you can ask for a copy of your decision. Don't call the 1 (800) 827-1000 number, look up your local Regional Office on-line and get their number and call them to make a scheduled appointment. 

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Ok the VA is saying that they withheld part of you retro money.

Did you have a lawyer on your case?

If so it sound like to me the VA found that the lawyer got what they were entitled to and they release the remaining amount to you. 

Or they withdraw the money for a lawyer and you didn't have one.

54 minutes ago, pacmanx1 said:

, look up your local Regional Office on-line and get their number and call them to make a scheduled appointment. 

 

If it really bother you

On 3/14/2022 at 5:20 PM, 63Charlie said:

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.

 

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