This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


  • Topics

  • Forum Statistics

    • Total Topics
      60,387
    • Total Posts
      390,151
  • Topics

  • Posts

    • PTSD Denied NSC - Schizophrenia NSC
      to add... These 2 conditions of PTSD and Schizophrenia can overlap as these cases show. The medical term is called comorbid conditions. Mark gave excellent advise…….schizophrenia is a psychosis that falls under the Chronic presumptives, if there is evidence at least of 10% upon discharge. But it all depends on getting all of his records and then obtaining an IMO/IME   “FINDINGS OF FACT   1.  In 1980, VA amended its regulations to include PTSD.   2.  The first communication from the Veteran claiming entitlement to service connection for PTSD is dated April 13, 1995.    3.  The evidence shows the Veteran has had overlapping symptoms of PTSD and schizophrenia since service.      CONCLUSION OF LAW   The criteria for an effective date of April 13, 1994, for a grant of service connection for PTSD, have been met.  38 U.S.C.A. §§ 5101(a), 5110 (West 2002 & Supp. 2011); 38 C.F.R. §§ 3.1, 3.151, 3.155, 3.400 (2011). “   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1201318.txt   “The RO received the veteran's new claim for service connection for PTSD on October 5, 1992.  As indicated above, this claim served as the basis for the RO's April 1992 rating action that granted service connection for PTSD, and subsequent, October 2002 rating action that also granted service connection for schizophrenia, and assigned an effective date of October 5, 1992, for the grant of service connection for PTSD with schizophrenia."   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files3/0423610.txt”    
    • VA CUE Request
      You may need to appeal just on the vertigo issue alone. (It wont hurt to appeal other issues also.)  How bad is your TBI??  
    • PTSD Denied NSC - Schizophrenia NSC
      I sure agree with Dr Mark here:  "It sounds like they are not disputing that fact, but are instead saying that he is not displaying PTSD symptoms (or not many) currently." When I was a vet center volunteer, I observed many vets who were reluctant to detail their stressors and their symptoms for the VA. And I know at least 3 GSW vets who do not consider their GSWs as  a stressor. (Because they had so many more stressors they felt were worse than that)  It is quite possible that he is holding back on talking about Vietnam.I know plenty of vets who have hidden their symptoms when they could. He might have even served with my husband 65-66 out of Danang AB, which he described as a year in Hell on earth. There are multiple indications of PTSD in observed behaviors and the schizophrenia could be even masking them. What surprised me when I worked at a vet center is how many vets there, already compensated for PTSD, would tell me things they would never tell the VA. It often takes someone to draw these veterans out. One vet told me something horrific that could easily have been verified by VA. But he was already getting his proper VA PTSD comp. I told him I felt he should bring it up with his VA shrink because he suffered from it with flashbacks and nightmares. Sharing and Getting things out in the open makes it so much easier to deal with it.But he said he could never tell his VA shrink about this horrible event because she was a woman.I reminded him, I am a woman and he had just told it all to me. PTSD has some unique symptoms. Did the VA give him the Combat related MMPI?          
    • VA CUE Request
      Well, they are proposing a reduction from 80 to 70, they say, because they made an error and paid you twice for vertigo.   I agree their explanation does not make sense.  Vertigo can be a symptom of ear problems, or of TBI.   How frequently do you have vertigo?? Here is 38 CFR 4.87, in reference to Vertigo: 6205Meniere's syndrome (endolymphatic hydrops):   Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100 Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60 Hearing impairment with vertigo less than once a month, with or without tinnitus 30 Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.
    • VA CUE Request
      Unfortunately the VA is correct from what I see here. But the hearing loss problems could relate to the  vertigo etiology as well. Yet that would take an Audiology IME. Then again the HL and tinnitus could help you maintain the 70%, maybe even more %. Are you employed? If not You should file for TDIU. This is unfortunate. VA makes errors all the time.
    • IME and Physician conflict of interest
      A little proactive research in case this doctor doesn't pan out. Has anybody heard of Garth S. Russell, MD in Columbia, Mo? Either working for the VA as an IME or providing them for vets?    Where he has his practice happens to be near the VA hospital in Columbia, Mo (shouldn't matter I know).
    • Feeling Hopeless - this can't be right.
      More info please. What evidence  and when did you supply it to the VA, regarding your SA Claim? Do you have copies of your SMRs indicating treatment for sleep issues? When did you get your official SA DX? Was your SA part of your original 2013 claim? Are you on Appeal now? We're all in a hurry, just human nature, VA is not in a Hurry for anything. Some discussion regarding a NOD for a DRO Review, why not a DRO Hearing? You absolutely have to provide the VA with New & Material Medical Evidence, that was not available for the original Rater's review. Without it, your sunk. How about posting redacted copies of your claims and Denials. Easier to get a grip on your situation. Have your filed a FOIA requesting your complete C-File? Will probably take a year to get, so get hot on it. Burn a day at your RO, request to view your C-File as a walk-in.  It's the only way to verify what Evidence  is already in the VA's possession. Semper Fi
    • VA CUE Request
      I submitted new claims back in March 2016 and received partial decision for 30% increase for post traumatic vertigo as secondary to my 40% TBI. I was waiting on my ear and tinnitus claim to be completed and as those two claims closed out I received a notice to retract my previous partial rating of 30% increase for post traumatic vertigo. I'm little lost of what I should do and seeking advice from you all. Whether the evaluation assigned for post traumatic vertigo was clearly and unmistakably erroneous. Clear and unmistakable errors are errors that are debatable, so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made. a determination that there was a clear and unmistakable error must be based on the record and the law that existed at the time of the prior decision. once a determination is made that there was  a clear and unmistakable error in a prior decision that would change the outcome, then  that decision must be revised to conform to what the decision should have been. In this case, the disability evaluation is reduced because the previous decision was a clear and unmistakable error. The rating decision of April, 2016, contains clear and unmistakable error in the establishment of a separate 30 percent evaluation for post-traumatic vertigo. The decision in question established a separate evaluation using a symptom of traumatic brain injury (TBI) already evaluated under the faucets of TBI evaluation, as vertigo is a subjective symptom that is already considered in the faucet of the TBI criteria. The evaluation of the same disability under various diagnoses is impermissible under the laws governing service-connected compensation benefits (38 CFR 4.14). Evaluations concerning residuals of TBI require that a VA decision-maker evaluated each condition separately, as long as the same signs and symptoms are not used to support more than once evaluation, and combine the evaluations for each separately rated condition. remaining residuals that cannot be attributed to distinct diagnosed conditions as result of TBI are considered under the aforementioned facets and single evaluation is assigned (38 CFR 4.124a). As the etiology of your vertigo was noted to be symptomatic residual symptom of traumatic brain injury rather than an etiologically distinct diagnosis, there is no basis upon which to establish a separate disability evaluation for this condition. As such, the current evaluation is proposed to be discontinued effective Mary 2016, the date it was erroneously established; upon final discontinuance, this condition will be evaluated as a symptom of TIB and combined accordingly. Your overall evaluation is proposed to reduced from 80 percent to 70 percent as a result of this discontinuance. Please note, as this reduction is the result of VA error, no overpayment will be created as a result of discontinuance.  
    • Appeal Complete
      Thank you for the reply!  My retro pay amount is definitely going to be more than $25,000.  We figured it up, and it is going to be a little more than $30,000.

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

Sign in to follow this  
Followers 0
Berta

200 Million Still Unpaid

11 posts in this topic

http://www.vawatchdog.org/07/nf07/nfDEC07/nf120107-1.htm

I have followed the CRDP and CRSC matters for years and they are still snafued-

and I bet there are still many retirees -who are eligible for one of these programs- due to receipt of VA SC comp and they dont know it yet-

The Nov 14th deadline DFAS had hoped to have this all squared away -has passed and there are thousands still waiting for some news.

Share this post


Link to post
Share on other sites




Surprise surprise the VA is late again paying Veterans money that they are owed.

Share this post


Link to post
Share on other sites

Here we go again !! Promises,promises and more promises. Uncle has been tap dancing all around. :blink:

I'm due CRSC retro pay begining from my retirement date Oct.1,2004. The longer I wait the more reto i'll receive I'll say. :rolleyes:

Good luck to all us expecting retro payment. It'll be around Jan,Feb or March time frame. I'm hoping it'll be alot sooner.

Share this post


Link to post
Share on other sites

Hello,

I'm trying to determine if I'm eligible for CRSC. I am 100% DAV from Desert Storm. I am also a gray area reserve retiree

(20 yr letter) with 24 yrs and 3000 pts. 55 years old. I retired from reserve system in 2001.

I also took disability retirement from the USPS in 2005 and receive SS Disability. Do these other incomes have any effect on CRSC?

Any help appreciated.

Share this post


Link to post
Share on other sites

This is the latest info I have- please correct anyone- of this has changed-

From Military.com web site:

"CRSC is an application-claim based program versus the Concurrent Retirement and Disability Payments (CRDP) program, which is an automatic entitlement from DFAS for any Retiree with a combined 50% or higher VA disability rating. Some Retirees believe they are already receiving CRSC when they are actually receiving CRDP and thus do not submit their claim for CRSC. If you are not certain what you are receiving, please check your DFAS pay stub and consider submitting your claim for CRSC. The following is a summary of the contrast between CRSC and CRDP:

Comparing CRSC and CRDP

CRSC Eligibility

Submitting a Claim

Comparing CRSC and CRDP

It is important to note that Retirees cannot receive both CRSC and CRDP and must elect one each year through an annual “program election.” Many retirees are confused about which is better for them. When making this decision, please note the following characteristics of CRSC and CRDP:

CRSC CRDP

Full Concurrent Receipt Yes No - 10 Year Phase In

(Except for 100% rated Disabled Retirees)

Sample Payment for 50% Disability Rating $690 (2007) $403 (2007)

Required VA Disability Rating: 10% 50%

Taxable No Yes

VA Individual Unemployment (IU) Eligible Yes 3 Yr. Phase in (2009)

Survivor Benefit No No

Application Requirement Yes - DD 2860 No - Automatic

Type of Disability Combat Related Service Connected

Back to Top

CRSC Eligibility

Eligible claimants are/ have:

Retired with 20 yrs Active or Reserve Duty;

Receiving retired pay;

Retired pay must be offset by VA payments;

A 10%+ disability rating; and

At least one combat-related disability.

Combat-Related Criteria

Combat-related criteria include those VA rated disabilities that occurred under the following situations:

In the performance of duty under conditions simulating war (e.g., named exercises, routine field training exercises/F0000000000000000000TX)

While engaged in hazardous service (e.g. flight, diving, parachute duty)

Through an instrumentality of war (e.g. combat vehicles, weapons)

As a direct result of armed conflict (e.g. Purple Heart)

OR

Presumptive cases (e.g. Agent Orange, radiation exposure, Post Traumatic Stress Disorder)

Back to Top

CRSC Eligible retirees should submit their claim today!

Retirees can download the CRSC claim form DD 2860.

For more information on how to apply contact your parent military service branch:

ARMY:

Department of the Army

U.S. Army Physical Disability Agency

Combat-Related Special Compensation (CRSC)

200 Stovall Street

Alexandria, Virginia 22332-0470

Toll-free: (866) 281-3254

Hours: 8am - 8pm EST

E-mail your questions to:

CRSC.info@us.army.mil

Or visit: http://www.crsc.army.mil

NAVY AND MARINE CORPS:

Department of Navy Naval Council of Personnel Boards

Combat-Related Special Compensation Branch

720 Kennon Street S.E., Suite 309

Washington Navy Yard, DC 20374-5023

(Toll free 1-877-366-2772)

AIR FORCE:

United States Air Force Personnel Center

Disability Division (CRSC)

550 C Street West, Suite 6

Randolph AFB, TX 78150-4708

(Toll Free 1-866-229-7074)

COAST GUARD:

Commanding Officer (RAS)

U. S. Coast Guard Personnel Service Center

444 SE Quincy St.

Topeka, KS 66683-3591

(toll-free at 1-800-772-8724)

Click here for Frequently Asked Questions about the new Concurrent Receipt and Combat Related Special Compensation (CRSC) laws. "

B

Share this post


Link to post
Share on other sites

Some like myself, might be waiting for their claims to be resolved. I am eligible for CRSC retroactive to February 2007, but I am waiting for the decision on my appeal which could result in eligibility for CRDP which would be a larger amount in my case. Of my current 40% rating, only 20% is combat zone related. If my appeal is successful, my total rating will be 50% resulting in CRDP eligibility.

Edited by Manitou Sprgs

Share this post


Link to post
Share on other sites

I agree that many potentially have a VA claim in limbo that could alter their CRDP/CRSC amount or their annual election of one or the other.

Have you formally applied with DFAS or are you waiting for your VA comp to be resolved.

Share this post


Link to post
Share on other sites
I agree that many potentially have a VA claim in limbo that could alter their CRDP/CRSC amount or their annual election of one or the other.

Have you formally applied with DFAS or are you waiting for your VA comp to be resolved.

I have not formally applied. This is my Social Security month (!) so I am able to hold off until my claim is resolved. I am the first person in my family to live long enough (62) to draw SS.

Share this post


Link to post
Share on other sites
I agree that many potentially have a VA claim in limbo that could alter their CRDP/CRSC amount or their annual election of one or the other.

Have you formally applied with DFAS or are you waiting for your VA comp to be resolved.

Share this post


Link to post
Share on other sites

Aww, Congratulations, cg

I am the first person in my family to live long enough (62) to draw SS.

Share this post


Link to post
Share on other sites
Aww, Congratulations, cg

Thanks, although I didn't do much to help the situation. I think it was Mickey Mantle who said, "If I had

known I was going to live this long, I would have taken better care of myself."

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  
Followers 0