Need advice!!!

Discussion in 'How to Apply Questions' started by kimmyk, Apr 5, 2012.

  1. kimmyk

    kimmyk Newbie

    Hello again. I have a question that I hope is easy enough to answer. My father was award the A & A in March ($1704). He was also given the retro payments since Sept 2011. They actually shorted him by $3500 because the amount the VA rep record for the caregivers was wrong. He had written that my father pays $1600 a month for both caregivers when the actual amount is $2400. I sent in the 21-4138 stating that an error had been made along with attendant affidavits from both caregivers. Return receipt of course. My father received a letter today stating we need to send in new attendant affidavits showing monthly amounts and whether my dad wants a Decision Review Officer assigned or a traditional appeal process. Can anyone tell me which one is better and how this works? I am confused to say the lest! Any information would be greatly appreciated. Thanks.

    Kim
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Kim,

    First thing is NO, YOU DO NOT do an "appeal"! If you went that route, you would be buying yourself at a minimum 2 years. Don't go down that road.

    Before asking for a Decision Review, let me ask you this.

    Since he was awarded the full amount of $1704, it appears that they gave him the hightest amount available. The retro would be based on this figure. So even if they only counted $1600 instead of $2400, it would not impact the amount owed, as it was paid at the highest possible rate.

    Are you thinking that he was owed more because of this difference?
     
  3. kimmyk

    kimmyk Newbie

    Hi Deb......Yes, I was thinking that he was not given back all of the retro payment he was entitled to. I figured it to be around $10,300 but he only received $7000. Maybe I am not understanding how the retro payment works. Is it the $1704 times the number of months (6) he waited for the award? If you do the math then he was not given all of the retro. I'm not sure how they calculate the retro payment. My mom was still alive in Sept and part of October also when I applied for the A & A. Is there another way to do this as far as the back payment goes? Any input would be appreciated. I do not want to mess this up so I will wait for your advice. Thanks in advance. Kim
     
  4. newpenny

    newpenny Jr. Member

    the $1704 a month is for 2012 because of the raise in 2012. So the 2011 would be less, not sure what that is. Also they do not count the month you apply, it goes to the following month which should state in the award.
     
  5. vetadmin

    vetadmin Administrator Staff Member

    The first of the month after he applied, times the rate in place for each month is how you should calculate it. The award letter would say “received on X date” and the rate for each period, if you have proof that you applied earlier than the date, or they made an error on the months his wife was alive or they just made a math error than you need to point that out clearly to the VA with proof of delivery or death certificate or show them their math error.
     

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