Go Back   SOCNET: The Special Operations Community Network > General Topics > Veterans Issues

Reply
 
Thread Tools Display Modes
  #1  
Old 6 August 2017, 02:52
ut3 ut3 is offline
Confirmed User
 
Join Date: Jan 2003
Location: Atlanta
Posts: 184
VA issues

Dealing with the VA and was granted an award from a claim I filed in April 2016. Strange thing is half my award was dated back to when I filed 4/17/16, but the other half was granted 4/16/17. All were new claims and should have been retro to original date of 4/17/16.

Question is how do I correct this. It is a chunk of change they owe me as it relates to back pay. I had no VSO etc, I filed by myself.

Do I have to file an appeal for an obvious clerical error?

Your help and knowledge is appreciated.
__________________
"We Build, We Fight"
Reply With Quote
  #2  
Old 6 August 2017, 09:57
Oldguy Oldguy is offline
Confirmed User
 
Join Date: Feb 2012
Location: NE Texas
Posts: 357
Did your condition change? As an example if you are hospitalized for a condition you may get 100% but only until you have been released and are stable. Your rating would be reduced to whatever the percentage the VA rates the condition.
Reply With Quote
  #3  
Old 7 August 2017, 00:30
1RiserSlip's Avatar
1RiserSlip 1RiserSlip is offline
Been There Done That
 
Join Date: May 2015
Location: W. Slope of Big Sewell Mtn.
Posts: 2,550
Quote:
Originally Posted by Oldguy View Post
Did your condition change? As an example if you are hospitalized for a condition you may get 100% but only until you have been released and are stable. Your rating would be reduced to whatever the percentage the VA rates the condition.
Your Regional VA office would probably be a good starting point. Then go from there. Good Luck.
__________________
I won't be wronged. I won't be insulted. I won't be laid a hand on. I don't do these things to other people and I require the same from them.

John Wayne as J.B. Books in the Shootist
Reply With Quote
  #4  
Old 7 August 2017, 01:01
vetadvocate vetadvocate is offline
Registered User
 
Join Date: Jun 2017
Location: San Diego
Posts: 11
If you added new "claims" while you were waiting for your original claims to be rated this can be the reason. It should state in the Narrative summary that you were given on why you were paid at this date. If it says nothing. Yes file an appeal but you can request a DRO to review your case. This is an in house individual who is senior to everyone else. Choosing a DRO is a lot faster than an appeal.
Reply With Quote
  #5  
Old 7 August 2017, 08:01
10thvet's Avatar
10thvet 10thvet is offline
Authorized Personnel
 
Join Date: Aug 2002
Location: Big Sky Country...
Posts: 2,998
Have more than one claim? They can to combine the claims.

Also, if there is a mistake, the way to correct is to file an appeal(VA form 0958) for The effective date for the specific contention/s.
__________________
"Since it is so likely that children will meet cruel enemies, let them at least have heard of brave knights and heroic courage" CS Lewis

America...a country founded by geniuses but run by idiots

Never trust a politician that starts with " I have always supported American’s 2nd Amendment rights but… "

I will not submit to your will. I will not be intimidated.
Reply With Quote
  #6  
Old 8 August 2017, 01:16
ut3 ut3 is offline
Confirmed User
 
Join Date: Jan 2003
Location: Atlanta
Posts: 184
First time filing a claim. All conditions marked at same time on on 04/17/16.

4 service connections.

Two awarded retro to 04/17/16.
One awarded retro to 04/16/17.
One awarded retro to 04/17/17.

Almost like they took a smoke break came back and got dates crossed.

One of the two that are correct date is related to the other awarded 04/17/17. (Hand and elbow from same injury overseas - same injury - two body parts)

I never had any rating or conditions the VA was aware of before I filed this first claim.
__________________
"We Build, We Fight"
Reply With Quote
  #7  
Old 8 August 2017, 01:17
ut3 ut3 is offline
Confirmed User
 
Join Date: Jan 2003
Location: Atlanta
Posts: 184
Quote:
Originally Posted by vetadvocate View Post
If you added new "claims" while you were waiting for your original claims to be rated this can be the reason. It should state in the Narrative summary that you were given on why you were paid at this date. If it says nothing. Yes file an appeal but you can request a DRO to review your case. This is an in house individual who is senior to everyone else. Choosing a DRO is a lot faster than an appeal.
Yes says nothing. Looks like someone simply got the year and day twisted.
__________________
"We Build, We Fight"
Reply With Quote
  #8  
Old 8 August 2017, 01:18
ut3 ut3 is offline
Confirmed User
 
Join Date: Jan 2003
Location: Atlanta
Posts: 184
Quote:
Originally Posted by 10thvet View Post
Have more than one claim? They can to combine the claims.

Also, if there is a mistake, the way to correct is to file an appeal(VA form 0958) for The effective date for the specific contention/s.

Thanks. Only this one claim with a few contentions.
__________________
"We Build, We Fight"
Reply With Quote
  #9  
Old 8 August 2017, 08:53
Fu King Lawyer Fu King Lawyer is offline
Been There Done That
 
Join Date: Jul 2009
Location: ...
Posts: 891
ut3,
Suggest you start with that long decision letter you got from the VA. If you can, find a Vet Svcs Officer (VSO) with any service organization (VFW, DAV, PVA, etc) and go over it. Paragraph by paragraph - I know, it's a pain in the ass. Within that long decision is the reason for each rating they gave you as well as the effective data. The VSO will be able to help you work your way through the award and IF there is a valid reason for different dates, the VSO can point them out to you.

Bottom line, you have a year to file a notice of disagreement. Take the time to get it right before you decide what to do. It is my experience that you are able to resolve things sooner at the Regional Office - blanket appeals to the Board of Veterans Appeals (BVA) add many more years to the process.
fkl
Reply With Quote
  #10  
Old 8 August 2017, 14:40
ut3 ut3 is offline
Confirmed User
 
Join Date: Jan 2003
Location: Atlanta
Posts: 184
Quote:
Originally Posted by Fu King Lawyer View Post
ut3,
Suggest you start with that long decision letter you got from the VA. If you can, find a Vet Svcs Officer (VSO) with any service organization (VFW, DAV, PVA, etc) and go over it. Paragraph by paragraph - I know, it's a pain in the ass. Within that long decision is the reason for each rating they gave you as well as the effective data. The VSO will be able to help you work your way through the award and IF there is a valid reason for different dates, the VSO can point them out to you.

Bottom line, you have a year to file a notice of disagreement. Take the time to get it right before you decide what to do. It is my experience that you are able to resolve things sooner at the Regional Office - blanket appeals to the Board of Veterans Appeals (BVA) add many more years to the process.
fkl

Appreciate the insight. Now to find a VSO. Thanks to all.
__________________
"We Build, We Fight"
Reply With Quote
  #11  
Old 8 August 2017, 18:04
CAP MARINE's Avatar
CAP MARINE CAP MARINE is offline
0311/8651
 
Join Date: Mar 2001
Location: oklahoma
Posts: 3,060
I always use a Svc rep
__________________
Guy "Landmine"Melton
We all died a little in that war-Josey Wales
Reply With Quote
  #12  
Old 10 August 2017, 22:10
vetadvocate vetadvocate is offline
Registered User
 
Join Date: Jun 2017
Location: San Diego
Posts: 11
Quote:
Originally Posted by ut3 View Post
Yes says nothing. Looks like someone simply got the year and day twisted.
just go onto ebenifits and file a NOD (Notice of disagreement) on effective dates. It should be looked at pretty quickly.
Reply With Quote
  #13  
Old 11 August 2017, 18:26
sixgun's Avatar
sixgun sixgun is offline
Been There Done That
 
Join Date: Jul 2002
Location: The end of innocence
Posts: 2,226
Quote:
Originally Posted by vetadvocate View Post
just go onto ebenifits and file a NOD (Notice of disagreement) on effective dates. It should be looked at pretty quickly.
It is only that simple if you want the long-term run around by the VA...

Get a VSO to look at your Rating Decision. Then have them write the NOD. How the NOD is written and the timeline of its submission are VERY important, even in the case of Clear and Unmistakable Error (CUE).
__________________
"Gravity is a cruel mistress!"
NSDQ-SGDM
Reply With Quote
  #14  
Old 13 August 2017, 00:09
vetadvocate vetadvocate is offline
Registered User
 
Join Date: Jun 2017
Location: San Diego
Posts: 11
Quote:
Originally Posted by sixgun View Post
It is only that simple if you want the long-term run around by the VA...

Get a VSO to look at your Rating Decision. Then have them write the NOD. How the NOD is written and the timeline of its submission are VERY important, even in the case of Clear and Unmistakable Error (CUE).
Have you looked at an NOD? Its simple questions that you answer not a statement that you have to make sure you quote every CFR an M21 reference. On that same form it ask if you want a DRO to call you. Once they review the case we call every single veteran to clarify exactly what they want. Of course, if anyone is unsure please go to a VSO but know how the process works. I have seen hundreds of claims where the VSO was not very good and screwed up claims bad. Now, by no means am I saying every VSO is bad there are some great ones out there. But when I filed my claim for the 2nd time the VSO screwed it up because they didnt know how the process worked. It was my own fault for relying on someone else, but a lot of the times its just knowing what form to fill out with what problem. Thats all a VSO does they dont argue your case or even touch it once you leave that office.
Reply With Quote
  #15  
Old 13 August 2017, 11:30
sixgun's Avatar
sixgun sixgun is offline
Been There Done That
 
Join Date: Jul 2002
Location: The end of innocence
Posts: 2,226
Quote:
Originally Posted by vetadvocate View Post
Have you looked at an NOD? Its simple questions that you answer not a statement that you have to make sure you quote every CFR an M21 reference.
Yes, I'm rather experienced in the whole NOD process...

Failing to get the timing correct, or the wording correct, will do nothing but delay your appeal of an incorrect Rating Decision...


Quote:
Originally Posted by vetadvocate View Post
Thats all a VSO does they dont argue your case or even touch it once you leave that office.
I'm not sure what VSO you are dealing with. Many VSOs legally represent veterans, all the way to the Court of Appeals.

You work for the VA, if I understand you correctly. The advice you are dispensing here ("just fill out the form online and, easy as pie, the system will fix things for you") is far from my experience - and the experience of the large network of advocates and NSOs that I interact with on a regular basis.

The veteran must, without doubt, get up to speed on the process and be their own best advocate. Yet, given the byzantine system the VA has evolved over the decades, coupled with the almost complete lack of accountability within the Rating Officer field for mistakes - a veteran is almost always best served by seeking representation by a trained NSO at a reputable VSO.

YMMV
__________________
"Gravity is a cruel mistress!"
NSDQ-SGDM
Reply With Quote
  #16  
Old 13 August 2017, 14:41
wildman43 wildman43 is offline
Confirmed User
 
Join Date: May 2012
Location: california
Posts: 1,209
vetadvocate; You work for the veterans benefit administration

That is a large area in the V.A. System, from what you have been stating is that You work in Enrollment & Eligibility as a Health Benefits Advisor. Am I correct ?

The reason I ask is I work part time in in Northern CA in VBA Enrollment & Eligibility as a Health Benefits Advisor.

I have never told a Veteran to fill out the NOD on line If I do I TELL them tp fill it out on line, I tell them to bring it in to a VSO to look it over an have them submit it where they can represent the Veterans in the NOD in all other matters.

Last edited by wildman43; 13 August 2017 at 14:46. Reason: wording
Reply With Quote
  #17  
Old 13 August 2017, 16:13
vetadvocate vetadvocate is offline
Registered User
 
Join Date: Jun 2017
Location: San Diego
Posts: 11
Quote:
Originally Posted by wildman43 View Post
vetadvocate; You work for the veterans benefit administration

That is a large area in the V.A. System, from what you have been stating is that You work in Enrollment & Eligibility as a Health Benefits Advisor. Am I correct ?

The reason I ask is I work part time in in Northern CA in VBA Enrollment & Eligibility as a Health Benefits Advisor.

I have never told a Veteran to fill out the NOD on line If I do I TELL them tp fill it out on line, I tell them to bring it in to a VSO to look it over an have them submit it where they can represent the Veterans in the NOD in all other matters.
No, you are not correct, I handle these claims when it comes to a notice of disagreement (NOD), I review the file, see how it was previously rated and what evidence they used to get to the said rating in question. That is my job, I'm not going to go back and forth with individuals who "think" they know the system. I only came on here to help because I see A lot of claims poorly handled or the veteran has received incorrect information. Look, when a Veteran goes to a VSO the veteran is ADDING a middle man that actually slows down the process and is not really necessary IF they know what forms to fill out. Like I said before, if you are uncomfortable go to a VSO. Before Trump came along the system was broken and it took forever to process claims, but he is fixing it. I have already seen the changes with the accountability act and over 1,000 individuals who have already been fired. They want us to finish a claim in 120 days or less, most of the time this is happening. Of course, there are a few claims this doesn't happen to because we could be waiting on records that are relevant to the claim or many other things. Just to give you an example, Las Vegas VSO's were checking the box stating the veteran was or going to be homeless to make their claim go faster. That actually slows down the claim because we have to research everything about that veteran and if they are truly homeless so we can look into more benefits for them. Either way, Good Luck!!
Reply With Quote
  #18  
Old 13 August 2017, 16:54
sixgun's Avatar
sixgun sixgun is offline
Been There Done That
 
Join Date: Jul 2002
Location: The end of innocence
Posts: 2,226
Quote:
Originally Posted by vetadvocate View Post
...I'm not going to go back and forth with individuals who "think" they know the system.

"Think" they know the system.

One of the amazing thing about the internet, and boards like this, is how you can completely not know who you are talking to or what they do for a living...

I would be happy to engage in a contest of knowledge and experience in this field with you on two conditions:

1. We do it publicly, at your Regional Office, in front of the boss.

2. If it is clear to a jury of our peers that my training, education, and experience in the rating and adjudication of VA claims & appeals is superior to yours - then you must terminate your employment and sign an agreement to never seek employment again in the VA system.


While it might be amusing to get into what we men call "a dick measuring contest" with you WRT training, education, and experience in the preparation, evaluation and adjudication of VA claims and/or appeals, on the conditions noted above - I shall demur for the time being.



This is a thread asking for advice. The consensus of the majority of folks that have engaged in the process was to seek a qualified NSO at a VSO.

Your advice is counter to the experience and training of every other person who has offered advice in this and countless other threads on the same subject.

Maybe you are just that much smarter than others who've either gone before, or do this for a living.

Or, maybe not...

Quote:
Originally Posted by vetadvocate View Post
I see A lot of claims poorly handled or the veteran has received incorrect information.
Wow, me also. Generally poorly handled by the VA, and generally incorrect information from the folks at the VA...
__________________
"Gravity is a cruel mistress!"
NSDQ-SGDM

Last edited by sixgun; 13 August 2017 at 16:59.
Reply With Quote
  #19  
Old 13 August 2017, 18:47
Ole crusty bastard's Avatar
Ole crusty bastard Ole crusty bastard is offline
Authorized Personnel
 
Join Date: Jul 2006
Location: Port Charlotte FL
Posts: 4,408
Quote:
Originally Posted by vetadvocate View Post
Look, when a Veteran goes to a VSO the veteran is ADDING a middle man that actually slows down the process and is not really necessary IF they know what forms to fill out.
I believe you are misleading folks here. If the crap isn't right you start over. How would your average vet even know what form to use?
__________________
...when in doubt...over prime.
Reply With Quote
  #20  
Old 13 August 2017, 21:52
wildman43 wildman43 is offline
Confirmed User
 
Join Date: May 2012
Location: california
Posts: 1,209
OK So what you are saying is you work for V.A Regional Office in Claims area an review individuals claims!

VSO that work at a V.A. Hospital or other a Regional Office , have, access to the Veterans information an can inform the veteran what is going on. I will agree to disagree with you on this statement You made Look, when a Veteran goes to a VSO the veteran is ADDING a middle man that actually slows down the process and is not really necessary A lot of time you have to request information that the Veteran don't have an can not provide it to the VSO.
[/B]
VSO are trained to make sure the necessary paper work is correct (I will agree sometimes, something are missed)

As to homeless Veterans California has one of the largest number of Veterans, that are homeless.

Quote:
Originally Posted by vetadvocate View Post
No, you are not correct, I handle these claims when it comes to a notice of disagreement (NOD), I review the file, see how it was previously rated and what evidence they used to get to the said rating in question. That is my job, I'm not going to go back and forth with individuals who "think" they know the system. I only came on here to help because I see A lot of claims poorly handled or the veteran has received incorrect information. Look, when a Veteran goes to a VSO the veteran is ADDING a middle man that actually slows down the process and is not really necessary IF they know what forms to fill out. Like I said before, if you are uncomfortable go to a VSO. Before Trump came along the system was broken and it took forever to process claims, but he is fixing it. I have already seen the changes with the accountability act and over 1,000 individuals who have already been fired. They want us to finish a claim in 120 days or less, most of the time this is happening. Of course, there are a few claims this doesn't happen to because we could be waiting on records that are relevant to the claim or many other things. Just to give you an example, Las Vegas VSO's were checking the box stating the veteran was or going to be homeless to make their claim go faster. That actually slows down the claim because we have to research everything about that veteran and if they are truly homeless so we can look into more benefits for them. Either way, Good Luck!!
Reply With Quote
Reply

Thread Tools
Display Modes

Our new posting rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -4. The time now is 01:51.
Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Socnet.com All Rights Reserved
SOCNET