retroactive backpay/Intent to file

[hwill]

I'm trying to figure how Va calculate retroactive backpay. I was rated at 80% prior to submitting my intent to file. My intent to file was submitted around 14 March 2023. I recently received a rating of 100% around December 2023. Around 9 months. Should I be receiving the difference between 80 and 100% which would be around 1800 per month for 9 months, or should I receive 20% x 9 months. I received a deposit of $4200 with isn't adding up. Any help calculating this is appreciated.

[hwill]

Yes that's what I was thinking.  Award date was May 12, 2023 the date I submitted my intent to file. Award date was December 13, 2023, which is 7 months of retro pay. which is $1851 x7. I only recieved $4200 for that time period for retro pay, I wasn't paid the difference between the 80% rate $2095 and the 100% which is $3946. I was told by a Dav that they may be withholding retiree's retro pay until an audit is completed to ensure no monies are owed. They said that they couldn't look at my records because I was represented by the American Legion, whom I never talked to about anything. I assume when I retired in 2009 I was assigned to them.

[namvet6567]

19 hours ago, hwill said:

Yes that's what I was thinking.  Award date was May 12, 2023 the date I submitted my intent to file. Award date was December 13, 2023, which is 7 months of retro pay. which is $1851 x7. I only recieved $4200 for that time period for retro pay, I wasn't paid the difference between the 80% rate $2095 and the 100% which is $3946. I was told by a Dav that they may be withholding retiree's retro pay until an audit is completed to ensure no monies are owed. They said that they couldn't look at my records because I was represented by the American Legion, whom I never talked to about anything. I assume when I retired in 2009 I was assigned to them.

In order for the Am Legion to rep you, you must've signed a power of attorney (POA) over to them at some point.  That POA needs to be revoked or they continue to rep for you.  I think what you meant is the award/claim date was 5/12/23 and the decision letter was dated 12/13/23?  Sorry I don't know anything about the retirement or concurrent receipt offset stuff.  

[jamescripps2]

If you sign a new 21-22,POA form, it superceedes the prior 21-22. Inother words it fires your prior POA and appoints a new POA. Whoever you appoint as your POA can revue your records and act in your steed. So, what I would reccomend, is make a request to whoever is your assigned POA to do an audit in order to see if your pay is correct. If they can't seem to be able to get that done, then sign another 21-22 with a different service orginization or even your state or county service officer.

It is worth noting here, if your POA is with the DAV, then only the DAV can work for you, or even see your information. Whereas, if your POA is with your State/County service officer, or the AL, the VFW, or the VVA, your information is visable to all of those orginizations, and each one of them can help you, but not the DAV.

[hwill]

18 hours ago, jamescripps2 said:

If you sign a new 21-22,POA form, it superceedes the prior 21-22. Inother words it fires your prior POA and appoints a new POA. Whoever you appoint as your POA can revue your records and act in your steed. So, what I would reccomend, is make a request to whoever is your assigned POA to do an audit in order to see if your pay is correct. If they can't seem to be able to get that done, then sign another 21-22 with a different service orginization or even your state or county service officer.

It is worth noting here, if your POA is with the DAV, then only the DAV can work for you, or even see your information. Whereas, if your POA is with your State/County service officer, or the AL, the VFW, or the VVA, your information is visable to all of those orginizations, and each one of them can help you, but not the DAV.

I never signed a Poa for anyone. I talked to someone via phone a few years ago from the American legion office but I'm never seen anyone face to face. Someone must have forged my signature. I've been doing my claims myself with no assistance from anyone. The Dav stated that more than likely they were doing an audit and that's why the money was withheld. I going to locate an American Legion office and talk to them to see if they can look into my files to make sure they're doing an audit

[namvet6567]

There should have been a notification to AL listed on your decision.  In the old days they would notify the SO and he/she would let you know of the decision sooner.

[jamescripps2]

Namvet has a point there. When you get any decision, it is noted, on the first page of that decision, who your POA is, and the fact that your POA was CCed a copy of that decision.