Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Is sleep apnea secondary to PTSD and COPD from burn pits considered combat related for CRSC purposes?

Rate this question


Holden Caulfield

Question

Hello everyone, I served in OIF at the onset of the war from 3/2003 - 4/2004 as a front line medic.I also did a tour in 2008. I am currently 70% PTSD/Major Depression, 20% Cervical Radiculopathy and receiving 100% IU P & T as of  5/2013 but have been receiving 100% IU for my PTSD since 2/2010 . I also receive 80% CRSC for both of those conditions since 2013.  I was denied service connection for asthma/COPD and Sleep Apnea. Since 2013 new information, and I assume evidence, has come out to establish burn pits as a cause for COPD and that sleep apnea can be a secondary condition to PTSD. My question is 1. Should I attempt to get these two conditions service connected with the goal of a 100% scheduler rating rather than IU or will that most likely adversely effect what I have now? 2. Is sleep apnea secondary to PTSD and COPD linked to burn pits, combat related? So I can keep my CRSC or possibly get it increased?

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Moderator

The short answer is we dont know, we did not read your file.  Do you have a doctor who stated, "The Veterans sleep apnea is at least as likely caused by the Veterans (PTSD, COPD, etc.)?   If you have the evidence, then by all means apply.  If you do not have the medical evidence, then your choices are to get said evidence, probably with an IMO/IME, or to not apply or get denied.  In short, evidence wins claims.  

Link to comment
Share on other sites

  • 0

I attended a RO lecture/class on Gulf war connected illnesses. My buddy (I've spoken about him previously) asked your very question.

The lady said that OSA (Obstructive Sleep Apnea)* was a deformity and not caused by the gulf environment. Whether it was just her, just that RO or it was a nationwide policy I don't know.

From what I've seen and heard, and that it's not included in the gulf kinda presumptives, it seems the former.

* Beware of adopting the subset 'Obstructive' in sleep apnea; it fit's the RO lady's reasons for rejecting sleep apnea.

Link to comment
Share on other sites

  • 0

Do you mean you are receiving 80% CRSC?   Can you explain that amount?

http://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html

I thought you would receive 100% CRSC????

Why was  your CRSC awarded in 2013 and not in 2010????

CRDP is supposed to be automatic, when VA rates a vet 100% or TDIU and they are supposed to send DFAS that info, if they are a military retiree....

CRSC vets have to formally apply to their branch of service.

When this whole CRDP/CRSC situation came out the VA made multiple errors and snafued it considerably.

The legislation became law in 2004 I believe and it looks to me that VA did not even advise you in 2010 to apply for CRSC.Did you have a VSO or vet rep helping with that 2010 claim?

 

 

 

Edited by Berta
Link to comment
Share on other sites

  • 0

I dont get it....in your case.....

 

"Retroactive Payment 
In addition to monthly CRSC payments, you may be eligible for a retroactive payment.  DFAS will audit your account to determine whether or not you are due retroactive payment. An audit of your account requires researching pay information from both DFAS and VA. 

If you are due any money from DFAS, you will receive it within 30-60 days of receipt of your first CRSC monthly payment. If DFAS finds that you are also due a retroactive payment from the VA, we will forward an audit to the VA. They are responsible for paying any money they may owe you. 

Your retroactive payment date may go back as far as June 1, 2003, but can be limited based on:

  • your overall CRSC start date as awarded by your Branch of Service
  • your Purple Heart eligibility
  • your retirement date
  • your retirement law (disability or non-disability)
  • six-year barring statute

Disability retirees with less than 20 years of service will be automatically limited to a retroactive date of January 1, 2008 as required by legislation passed by Congress effective 2008.  

All retroactive pay is limited to six years from the date the VA awarded compensation for each disability.

If you have questions about your CRSC eligibility, please call us at 800-321-1080 or contact your Branch of Service."

https://www.dfas.mil/retiredmilitary/disability/crsc.html

Link to comment
Share on other sites

  • 0

To add, the Army changed their PTSD criteria re: CRSC in 2013:

 

FORT KNOX, Ky. — Retirees who have been denied claims related to post-traumatic stress disorder are being encouraged to submit their claims again because the Army is using new, and more refined, criteria to assess those claims.

 

The new criteria affect claims made under the Combat Related Special Compensation program.

 

CRSC is a special entitlements program established in 2003 to provide tax-free monthly payments to eligible retirees who received combat-related injuries when they were in service with the active or reserve components.

 

The program restores military retirement pay that is offset when a retiree receives compensation from the Veterans Affairs Department for a disability or condition attributed to a combat-related event.

 

Eligible retirees can simultaneously receive an amount equal to or less than their length-of-service retired pay and their VA disability compensation, if the injury was combat-related.

 

Under the new assessment criteria, the Army is not tying PTSD claim approvals to a specific event, said Krista Selph, chief of the Special Compensation Branch here at Human Resources Command.

 

"PTSD is something that takes place over time," Selph said.

 

The Army's CRSC review board meets weekly to assess claims and, in recent months, has applied refined criteria for evaluating claims based on PTSD.

Selph urged applicants who have had PTSD-related claims denied to resubmit their claims.

 

"In terms of our refined evaluation criteria, the branch is approving PTSD claims for eligible retirees who present a valid piece of combat evidence paired with medical evidence," Selph said.

 

Combat evidence

Eligible combat evidence includes, but is not limited to:

 

• A combat tour, or tours, highlighted by orders, a DD Form 214, Enlisted Record Brief or other official military document.

 

• Combat awards, such as the Purple Heart, Combat Action Badge or Combat Infantry Badge.

 

• Line of duty investigations.

 

• Performance evaluation reports specifying combat experience.

 

• Any official Army documentation indicating a claimant served in a combat specialty, in actual combat or as an instrumentality of war.

 

Medical evidence

Eligible medical evidence includes but is not limited to:

 

• Treatment records following the combat tour that indicate the claimant sought assistance for PTSD.

 

• Physical or medical evaluation board proceedings that specify that PTSD was incurred in combat or while serving as an instrumentality of war.

 

• Separation or retirement orders indicating that the retirement was due to a disability incurred in combat or while serving as an instrumentality of war.

 

• Evaluation reports from medical and/or mental health practitioners.

 

A review of recent actions shows that, in July, the Special Compensation Branch processed 321 CRSC claims for PTSD.

 

Of those claims, 289 were approved, and 32 disapproved, for an approval rate of 90 percent.

 

In August, the branch processed 435 claims and approved 391, for an approval rate of about 90 percent.

http://www.militarytimes.com/story/military/archives/2013/03/27/new-criteria-prompt-resubmission-of-ptsd-claims/78537074/

 

 

Link to comment
Share on other sites

  • 0

Re: your question on Burn Pits:

https://www.publichealth.va.gov/exposures/burnpits/health-effects-studies.asp

With a very strong IMO/IME that follows the IMO./IME format here at hadit, possibly your COPD could be linked to bun pit exposure.That would also go for the sleep apnea/PTSD connection.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use