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Retro Pay

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lee.edwards

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Greetings 

My legacy remanded claims (Docket 11-12 911) was Granted by BVA Law Judge on 23 May 2022. My 100 percent P&T was backdated from 2015 to 2009. Will there be an audit before retro pay?

Best Regards 

Chiefhouse00 

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Greetings! I received my VA Back Pay Letter yesterday. The VA Error Worksheet Audit only went from 2008 to 2014. It didn't include rating increases from 1999 to 2008 which changed as a result of the Grant decision.  Should those increased ratings been included? 

Best Regards 

Chiefhouse00 

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If you think you would get more retro, had the earlier ratings been included, you can appeal to the board.  The board does many different types of appeals, not just an appeal of varo decisions.  Cemetary appeals, DIC, and many others I cant think of, right now.  

So, if your audit is erroneous, you can appeal it, on the bases it was not thorough enough, and did not include those early years which would result in additional benefits for you.  

I would appeal the audit, just like I would appeal a VARO decision, citing the audit, and how it did not include those early years.  I would state the "exclusion of those early years" deprived the Veteran of retro benefits, and you wish to appeal to the BVA.  Send a copy of the audit letter, dont assume the board has one.  As always, appeal within a year.  Or, try a cue, which may go faster but tougher to win.  There is no crime against doing both the cue and the appeal.  

Edited by broncovet
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Greetings 

I requested a copy of the DFAS Audit Error Work Sheet a couple weeks ago via FOIA from VA and DFAS.  This report will let me know how far back the audit went and explain what data was captured. More to follow.

Best Regards

Chiefhouse00 

 

 

 

 

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On 6/9/2022 at 7:43 AM, Phury & Rhage said:

The software system is set up to automatically make the calculations mentioned by @pacmanx1.  That said it calculates based on the "inputs" it receives - classic GIGO (garbage in, garbage out).  The devil is in the details for all claims.  You should figure out (ask for help here, VSO, etc.) what you were entitled to (monthly, overall, but also each compensation-producing factor) and then do the math yourself.  You can always request a manual audit if you discover any discrepancies.  Congrats and good luck!

 

Rhage

Greetings! I did my own calculations and came up with a much higher figure than what the VA deposited (69k) in my bank account. I will do it again...I could have done something wrong. I attached two VA letters explaining everything that they did but the calculations are off. Hopefully, I will get a copy of the DFAS Error Work Sheet Audit soon that will show how far back the audit  went. More to follow...

Best Regards

Chiefhouse00 

On 6/9/2022 at 7:43 AM, Phury & Rhage said:

The software system is set up to automatically make the calculations mentioned by @pacmanx1.  That said it calculates based on the "inputs" it receives - classic GIGO (garbage in, garbage out).  The devil is in the details for all claims.  You should figure out (ask for help here, VSO, etc.) what you were entitled to (monthly, overall, but also each compensation-producing factor) and then do the math yourself.  You can always request a manual audit if you discover any discrepancies.  Congrats and good luck!

 

Rhage

Greetings! I did my own calculations and came up with a much higher figure than what the VA deposited (69k) in my bank account. I will do it again...I could have done something wrong. I attached two VA letters explaining everything that they did but the calculations are off. Hopefully, I will get a copy of the DFAS Error Work Sheet Audit soon that will show how far back the audit  went. More to follow...

Best Regards

Chiefhouse00 

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I suggest using the back pay calculator.  Some people dont understand you only get the difference's "old pay".  

    Example:  If you were at 10 percent, and was increased to 20 percent, you cant just use the 2022 rates.  You have to refigure it with 2021 rates for a year , and add 2020 rates (for 12 months) , plus 2019, plus 2018 etc.  The backpay calculator figures that out.  Its further complicated because your dependents can/does change when you reach 30 percent or higher on/about dependents  birthdays.  It also accounts for marriages, divorces, etc., but only if those dependents are on your awards.  

     Its really very complicated and you almost need to do it over for  each month of retro, since it can change with dependents change.  (18 year old dependents will automatically be taken off, for example, on their 18th birthday, unless you apply for school age benefits when they are in college).  

     

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