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    • Exams during flare up?
      Okay, I'm reviewing my C&P exam now. Noted is a significant loss of motion. Here are my results. This was done during a "flare up" apparently. Even though I have had this "flare up" for 3 weeks. My previous initial C&P exam 3 years ago noted loss of motion ass well this time however is much worse. Im not sure if this should be noted as a flare up or the worsening of the cartilage decay in my knee cap. Left Knee --------- [ ] All normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 140): 40 to 55 degrees Extension (140 to 0): 55 to 40 degrees If abnormal, does the range of motion itself contribute to functional loss? [X] Yes (please explain) [ ] No If yes, please explain: sigificanly reduced ROM would impede kneeling/squatting. Description of pain (select best response): Pain noted on exam and causes functional loss If noted on exam, which ROM exhibited pain (select all that apply)? Flexion, Extension Is there evidence of pain with weight bearing? [X] Yes [ ] No Is there objective evidence of localized tenderness or pain on palpation of the joint or associated soft tissue? [X] Yes [ ] No If yes, describe including location, severity and relationship to condition(s): lateral patellar Is there objective evidence of crepitus? [ ] Yes [X] No b. Observed repetitive use
    • BVA Hearing
      You change the info in your profile settings.   Top r/corner open profile, then edit profile, and scroll down to SC info.
    • Exams during flare up?
      Yes that is a possibility, there is no sense worrying about it though.  The foremost concern is getting the injury service connected, once that is done then you can appeal the rest that you may be entitled to with medical evidence,IME/IMO, ect.... This sounds cold, however, no sense worrying about it until you receive the decision, from there you can decide which avenue you will pursue as well what attack to utilize.
    • Sexsomnia
      Your profile indicates that your 100% SC? If your 100SC, an IU Claim would be "Moot." Could you list your SC's & ?%, would help? Semper Fi
    • Blood Clot in Knee
      Hi All, I have a 100% vet who recently had a bad fall and ended up in the emergency room in the town he lives in because VA hospital was to far to take him to.  In examining him they found the blood clot in his knee.  The doctor at the hospital is telling him that he can't go home and told him to call the VA and see if they can monitor him for the blood clot for his INR level, while he's at home.  He's going to have to have blood thinners for the rest of his life. They also want him to have a physical therapist to come to his house and give him physical therapy for about 3 to 6 weeks.  Right now he can't put in any pressure on that leg at all.  This is the same knee that he hurt in the service that keeps giving out on him.  Can he put in a claim for AA, through the VA and if so what can he expect to receive.  Thanks in advance for your replies.
    • My husband died in motorcycle accident
      No, not at all! I appreciate all your advice. Getting the police report, the autopsy report and the medical records have brought up a lot but it's just part of the process. You guys have helped me so much. Thank you! 
    • Sexsomnia
      Update: So diagnosis: Bipolar II, PTSD w/agoraphobia, sexsomnia (undiagnosis, but have had it forever til I found a name for it) Delayed Phase Sleep syndrome, OCD, Hypersomnia I am no longer having nitemares or jumping at everything! my docs say PTSD is curable! I still get anxious and have anxiety at times, and some minor panic attacks, but not as often or severe. But stress really really really screws me up, about 15 months ago I noticed I was getting worst, my bipolar I believe, but I was having strange episodes I can't even explain. I get fuzzy brained and my thoughts get disorganized, and I feel like I had a stroke and I cant get words out, and I stutter, and it frustrates me, and I lose my train or thought, or just a word, it like I see a basket ball in my mind and I dont know the word, then cant explain what it is either. Well I had my first FULL manic episdoe and the VA hospitalized me, diagnosis, physchosis. Then I was convulsing too. they just said its bipolar so I started checking on sexsomnia again, it seems there is more then one kind now, ones stemming from parasomnia, klien level syndrom, and epilepsy and temporal lobe epilepsy causes sleep issues, sex orgasim jerks, mood disturbances, obsessive behavior, anxiety, sturrters, and slurred speech post seizure, and these siezures can be so tiny, no one can se them, and they can just look like I stare for a couple seconds. SO DO I HAVE NONE of those mental health issues at the top of this post, they were all mimic, because seizures created mood disturbances, and thought disorganization, for sometimes days, this would mean I have NO mental health issue, and only nuorligical issue, and not even those sleep disorders! They mental healt put me on antidepressants, and I guess your not supposed to give those to someone with a seizre disorder   sorry for my spelling, its hard for me to type words now, ive been a brain mess for a month.
    • BVA Hearing
      12 years for a BVA hearing?  That is long, even for VA.  I have been fighting 14 years, but that includes 3 trips to the BVA. 
    • Exams during flare up?
      So they would most likely assign the minimum rating for pain? And not assign a rating for range of motion effected by the flare up? 
    • Exams during flare up?
      It must be considered as part of the claim, as it could effect the rating percentage, but rarely is this done in the first examination. At least from 6 exams I have had. You usually have to fight for the secondary issues caused by a service connected injury.   JMO.

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megndave

Disability Backpay Rules? Anyone Know Where They Are?

7 posts in this topic

I inquiring about backpayment VA Rules.

I contacted the Purple Heart representative in Syracuse NY and they contacted the VA which told them because I was retired I wasn't entitled to any VA back pay to my increase benefit claim date? That doesn't seem right, and until I can find the rules governing this I will look, and look, and look...

Then write to my congressman!

My situation:

I made a claim to have my disability for my service related back injury compensation increased one year ago. After much fuss and appointments, etc...and waiting the VA finally increased my disability from 10% to 40% for my back injury, and overall disability from 40% to 60%.

I am also retired from the US Army, and have been having my VA benefit taken out of my retirement until last month after the percentage of disability was increased above 50%. Now I am getting both VA disability plus/and retirement as I should be. As of last month, the Army gives me a little less money every month (about $60) but the VA gives me almost $400 more on top of my retirement pay now.

My question is: Am I entitled to have my VA compensation that I just started to get back-dated/back-paided to my increased claim date of about one year ago to last month when I started recieving it?

Shouldn't the VA tally up what I get now from them ($400.00/month), multiply that by 12 months since the claim was filed a year ago ($400 x 12 months = $4800.00) and deduct the difference between what I was getting from the Army in retirement over the last year from what I get now, and repay them overpayments (-$60.00/month x 12 months = $720.00) and award me the amount left over (about $4080.00)? That seems fair to me.

Thank You in advance for any help you can render me with this situation.

Dave: megndave@twcny.rr.com

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Dave- Lois ,of MOPH -with offices in the Syracuse VA is pretty good in my mind-but regardless who you contacted- this issue is complex-

I suggest that you go over these links good-

http://www.military.com/Resources/Resource...4,75463,00.html

and if you google CRSC CRDP you will get more-and then CRDP CRSC retro will take you to some discussions on this- your question might be answered there-

I fully see what you are saying but the CRDP CRSC program isnt really understood by many SOs as well as the VA-

Are you possibly eligible for CRSC instead of CRDP? Some retirees are eligible for both and have to pick one program-

You sure are not the first vet to question the retro-

Did the VA cite any regs at all that they used to find you not eligible for retro? Or did they just make the statement you mentioned?

I am sorry that I dont know the answer -to your question-it will take going over the links above as it pertains to your situation-

this guys all had problems with their CRSC/CRDP

http://www.veteransresources.org/forums/showthread.php?t=211

I think DFAS has screwed up many of these payments.

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Dave

You are using the wrong premise in calculating what the VA should pay you. You have already been paid at 40% disability for the past year, so if there was anything owing, it would only be the additional 20%. However, even that is not correct, as that 20% was being paid to you by the Army, as the unallocated portion of your Retirement Pay that was not awarded by the VA.

For most 20+ year retirees, you are only paying your own Disability Compensation until your award reaches 70-80%. Prior to that, the VA award is subtracted from your Retirement Pay, dollar for dollar. The only benefit you receive, is the VA portion is tax exempt.

Yes, you are now getting more from the VA, and less from the Army. But they should both now stabilize. The Army will NOT pay back pay on the CRDP, that only becomes effective when the VA notifies them that you have been increased to 50% or more. The VA will NOT pay back pay to you, as the Army was paying you the amount of the VA increase, until such time as the VA notified them.

I'm afraid that given the information that you provided, nobody owes you anything. Maybe this will make you see how the politicians can always find a way to sc**w the Veteran.

Edited by wallyg

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Here is a much beter explanation of my situation:

Back CRDP Pay, or not to Back Pay CRDP?...

I am trying to find regulations and ascertain if, and how I can get back pay CRDP that I believe is due me since my disability rating was increased from 40% to 60% retro-effective date determined by the VA to May 1, 2005, thus making thinking I am retro-eligible for CRDP for the last 12 months that I did not recieve.

In accordance with the Effective date of disability change per Department of Veterans Affairs decision Letter I recieved dated March 29, 2006 page 3 under the paragraph; “What Did We Decide” and the accompanying chart that depicts the medical description with old verses new percentages assigned, the far right box Effective Date entered is “Apr 21, 2005”. Also, the chart on page number one, paragraph titled “What Is Your Entitlement Amount and Payment Start Date?” under the column titled “Payment Start Date” the increased Evaluation Disability Benefit date annotated is “May 1, 2005”.

Furthermore, on page number two under the paragraph titled “When Can You Expect Payment?” states clearly “Your payment begins the first day of the month following your effective date” (April 21, 2005), which should have been May 1, 2005.

Thus, several references within this Veterans Administration decision letter indicates that my increased benefit should be effectively started on May 1, 2005. (a year ago).

I started receiving CRDP $384.56 as of May 1, 2006.

I believe, the effective date (one year ago) of the decision to increase my disability benefit from 40% to 60% make me eligible for CRDP since May 1, 2005 to the present. Thus, I believe I should be getting back pay CRDP from effective date May 1, 2005 to May 1, 2006.

For example, for the period of May 1, 2005 to May 1, 2006, if:

12 months x $384.56 CRDP = $4614.72 (or something close to it).

I'm still trying to figure out if this is true and what regulations can I point to that will help me with my arguement to the VA and US Army if need be. So far the VA has denied owing me this money.

P.S. Tthe VA and Army may have to square-up over the differences between them concerning the differences in VA disability benefits verses retirement payments made to me since May 1st, 2005 but this should be transparent to me. I just want the CRDP payments since May 1st, 2005.

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megndave - The current system does not allow for back pay on crdp. It becomes effective on the date received by and PROCESSED by Dod. The only way you would receive any back pay, which would come from VA, is if you went from lets say 40 percent to 100 percent. VA would then be obligated to pay you the difference which would be 60 percent because current law allows for full retirement and disability pay if you are rated at the 100 pecent level. Even in this case you would only get back pay from VA because you had already receive full retirement benefits from DoD. In your situation VA considers the additional 20 percent they gave you to have been covered by payment of your retirement. Look at it this way: Throw out crdp; VA disability is offset dollar for dollar by your retirement. If you get the money from VA then DoD withholds the dollar for dollar amount; If you get the money from DoD then VA withholds the dollar for dollar amount. The law does not allow them to pay both no matter what VA percentage you have. ie. even if you currently have a 100 percent rating from VA the law requires that it be offset dollar for dollar with your retirement pay. That is why you will see your entire retirement pay being withheld as a waiver on your retirement pay statement. Then at the bottom you will see the crdp payment which should equal your retirement pay. Bottom line is that confusion starts when we interpet the law as :I am authorized my retirement pay plus VA disability. The law requires that you still give up a dollar for dollar offset. Then the law allows DoD to pay you a CRDP payment which is to offset the offset against your retirement. I know this is confusing but bottom line is that if you were at 40 percent then VA paid you and your retirement was withheld. When you went to 60 percent with an effective date of 1 May 05 you have already received that additional 20 percent by taking your retirement pay so you award letter should show the amount being "withheld" due to receipt of retirement pay. At this point you zero out. There will be no back pay of crdp. Those who hold the power have made this rule. DoD knows this is not right and I have heard rummors that they are working on a progam which will allow them to back date awards all the way back to the effective date of the VA award since it could take VA 2-3 years to decide a claim. I do not see this happening but it is nice to dream.

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I am retired military and am waiting on my award letter which will put me in the same situation as Dave. The way it was explained to me is no back pay in retirement but might receive back disability pay from VA. I say maybe because they use chinese logic and math so that it is indecipherable by mortal beings.

In addition an amended fed tax form can be filed for the taxes paid on any back pay from the VA.

Hope this makes sense..

Edited by Moe

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megndave - The current system does not allow for back pay on crdp. It becomes effective on the date received by and PROCESSED by Dod. The only way you would receive any back pay, which would come from VA, is if you went from lets say 40 percent to 100 percent. VA would then be obligated to pay you the difference which would be 60 percent because current law allows for full retirement and disability pay if you are rated at the 100 pecent level. Even in this case you would only get back pay from VA because you had already receive full retirement benefits from DoD. In your situation VA considers the additional 20 percent they gave you to have been covered by payment of your retirement. Look at it this way: Throw out crdp; VA disability is offset dollar for dollar by your retirement. If you get the money from VA then DoD withholds the dollar for dollar amount; If you get the money from DoD then VA withholds the dollar for dollar amount. The law does not allow them to pay both no matter what VA percentage you have. ie. even if you currently have a 100 percent rating from VA the law requires that it be offset dollar for dollar with your retirement pay. That is why you will see your entire retirement pay being withheld as a waiver on your retirement pay statement. Then at the bottom you will see the crdp payment which should equal your retirement pay. Bottom line is that confusion starts when we interpet the law as :I am authorized my retirement pay plus VA disability. The law requires that you still give up a dollar for dollar offset. Then the law allows DoD to pay you a CRDP payment which is to offset the offset against your retirement. I know this is confusing but bottom line is that if you were at 40 percent then VA paid you and your retirement was withheld. When you went to 60 percent with an effective date of 1 May 05 you have already received that additional 20 percent by taking your retirement pay so you award letter should show the amount being "withheld" due to receipt of retirement pay. At this point you zero out. There will be no back pay of crdp. Those who hold the power have made this rule. DoD knows this is not right and I have heard rummors that they are working on a progam which will allow them to back date awards all the way back to the effective date of the VA award since it could take VA 2-3 years to decide a claim. I do not see this happening but it is nice to dream.

Guys

Hate to bring bad news be here my story. Retired military applied for comp Aug 04 notified Aug 05 I was 60 percent (since raised to 70 percent) recived no back pay for the whole year. Did not receive first check till Sept 05. Look at it this way 3 years ago we got nothing now at least we have the 10 year phase in for concurent receipt. Thats why we have to stick tigether as Vets and fight the VA commision. We (rated over 50 percent) got ours lets fight for our brother and sister rated 40 percent and lower and fight that t he VA commision does not try to take SS away from the disabled vets.

Just my 2 cents

Jim :(

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