Dave P.

Berta, Sorry I can't answer your question. I retired in 1997 before CRDC/CRSC came in to being. Also, for others in similar situations - I've determined I'll receive both VA retro and DFAS back pay. Should be a considerable sum.

Hello All, I believe I've found my definitive answer to my original question on receiving CDRP. I've been reading many posts here and on Veterans Benefit Network. I found a post from a similar vet with a response on Concurrent Receipt Programs in the Veterans Benefit Network. It contained old link from DFAS, dated May 2008 that was replaced with a new page. The old page provided guidance and information on the phase in period. Can't find the exact post in Veterans Benefit Network any more, but I saved the DFAS page. The link is http://militarypay.defense.gov/Portals/107/Documents/DoD_Concurrent_Receipt_Programs_May_2008.pdf . I want to thank everyone for their help. I've learned a lot here and should have come here sooner. I'll keep in touch and tell you if I'm paid according to the May 2008 guidance. Added found actual post in Veterans Benefit Network - Retro CRDP . Dave

Broncovet, Thanks again. I don't need the money, but I think I will appeal the current decision rating.

John999, Thank you for the reply. I have several responses. I've filed four claims since I retire which were mostly approved, but don't know much about the process. What does EED stand for? I've had two sleep studies done; one requested by the USAF in 1995 and done at the Providence Hospital in Anchorage, AK. The second was in 2004 by the VA - they put me on a CPAP machine. Both diagnosed me with obstructive sleep apnea. VA just up graded me to 50% for sleep apnea. I filed for sleep apnea when I retired and received a service connect at 0% because the USAF operated on my throat doing a UPPP in 1995. It didn't fix it. I should have filed again for sleep apnea in 2004, but didn't even think of it. The USAF put me on Clonazepam in 1996 for restless legs, I was on it until this spring. I was gradually increasing my dosage, I would just ask for more and the VA doctors provided it. The script was for 1mg initially, I believe and I was taking 4 to 6 pills a day. I was warned several times about them beging addictive, but doctors never mentioned the side affects. Last November, my new VA doctor told me to get off them because of memory loss. In April, I experienced several sever memory lapses, I reported these to my VA doctor. She set me up for memory evaluation and with the pharmacists who help me get off the clonazepam. It took 2 1/2 months to detox.

Do I appeal a denial in recent decision rating July 25, 2016, or start a new claim? One of my claims was denied because I tied it to the wrong service connected issue. I am service connected sleep apnea and restless legs. I've always considered them as one. My claim was for an acquired neurocognitive disorder (memory loss) as secondary service connected condition which I wrote up under sleep apnea instead of restless legs. VA denied claim because of no evidence under sleep apnea. I've experienced memory loss from being on clonazepam for 20 years to treat restless legs. The memory loss was diagnosed by a VA psychologist specializing in memory loss in one meeting requested by my VA doctor and a C&P evaluation, after experiencing serval lapses in memory.

Berta and Buck52, Thanks for your comments I'll try to answer your questions. Berta first: "Entitlement to temporary 100% for surgical right knee treatment for service connected surgery requiring convalescence. 100% from 2/02/98." Can I assume this is the 100% you get now? No, that was paid for a temporary convalescence period, several months, then back to 30%. If so that sounds like a 20 year continuous award? No, temporary. This vet's VA award letter made a statement as to his potential CRDP---did your award letter make any mention of that at all? YES. I'll scan and paste below. There is one thing I see here...if you were 100% direct SC at any point, then, after the CRDP regs went into affect.... I need to find that date)you have had additional SC ratings that qualified you for CRDP, it might mean that they need to consider you for the SMC S award, in lieu of additional 100% ...... No, this new decision July 25, 2016 rating gives me a sleep apnea rating effective August 30, 2004. That combined with the existing ratings would have been 60% on August 30, 2004. Can you scan and attach here ( cover C file number, name, address,)the actual recent decision letter and the audit statement they did? Yes. Do you mean CSS file? Is the DAV your actual POA? Yes. Buck52, Your retroactive payment date may go as far back as January 1, 2004, but can be limited based on: your retirement date or 1997 when you first increased to at least 50 percent disability rating August 30, 2004 No CRDP is payable for any month before January 2004. in my opinion the bottom line is your eligibility for these retro benefits?, seems the criteria is based on rating% and dates. January 2004 Change things around. the VA makes the criteria/eligibitly very difficult to decipher. Agree, I've read the law on CRDP about 15 times in the last two weeks, it is very confusing. The confusing word is "retirees "MAY" receive CRDP if they meet these requirements..." MAY what the heck can of word is that in a law, nowhere is MAY defined! I believe I meet the requirements for CRDP, but May gives doubt. This is what the VA said in my July 25, 2016 letter: We Have Withheld Benefits You are not allowed to receive full military retired pay and full VA compensation at the same time. The following will provide an explanation of how this works: What We Decided If your VA compensation is less than your retired pay, you will receive compensation payments. The military service department will pay you the difference between your compensation and your retired pay. If your VA compensation is greater than your retired pay, we will pay you compensation, and you will not receive retired pay. For now, we must withhold part of your compensation until August 1. 2016. We must do this to prevent a double payment. By working together with the military service department, we will make sure you get your full combined payment. Important Information: VA compensation isn't taxable. Please contact the Internal Revenue Service for tax information. We Have Withheld Benefits As a military retiree, you may be eligible to receive Combat Related Special Compensation (CRSC) or Concurrent Retirement and Disability Payment (CROP), also called Concurrent Disability Pay (CDP), from the military for some or all of the retired pay waived to receive VA compensation. These benefits are available to military retirees with 20 or more years of service creditable for calculating retired pay. More information on these programs can be obtained by calling, toll free, 1-800-321-1080, or visiting the following web site: • http://www.dfas.mil/rapay/disability/crscandcrdp.html For now we must withhold part of your compensation until August 1, 2016 for the period that your combined service-connected evaluation is less than 100 percent. We must do this to prevent a double payment. We work with the military retired pay center to ensure you receive the correct payment of benefits. What we decided Medical Description Old Percent (%) Assigned New Percent (%) Assigned Effective Date Sinusitis, sphenoid 10% 50% Apr 19, 2016 Obstructive sleep apnea 0% 50% Aug 30, 2004

HitemSt. Thanks for your info. Sounds similar to my case. To all I'll call into the show tomorrow evening. Okay for those who asked for more info here it is. So far the VA hasn't said anything other than send the letter on July 22nd. I retired in 1997. I received my first Rating Decision 09/1998 - 30%. Effective date 07/01/97. Rhinitis, nasal fracture and sinusitis. I has 6 sinusitis and septum surgeries on active duty - 10% Cervical spine whiplash with traumatic arthritis and disc disease - 10%. . Lumbar strain with traumatic arthritis and disc disease - 10%. Total 30% effective 07/01/97 Entitlement to temporary 100% for surgical right knee treatment for service connected surgery requiring convalescence. 100% from 2/02/98. Service connected but with 0%: right heel spur, sleep apnea, bilateral knee degenerative osteoarthritis, left facial numbness, bilateral shoulder degenerative osteoarthritis, left hearing loss, right hearing loss, left foot metatarsalgia and heal tendonitis, pes planus and right foot nail puncture wound puncture with infection. Rated 30% from 04/01/98. I submitted another claim 08/10/2005. Rating decision effective 08/10/2005, it added for a combined rating of 60%: Diabetes mellitus type 2 from herbicide exposure - 20%. Right and left knee degenerative osteoarthritis 10 % each; Left shoulder degenerative osteoarthritis 10%. Submitted another claim 04/19/2016, increased service connected rating to 100%. Sinusitis, sphenoid increased 10% to 50%, effective 04/19/2014. Obstructive sleep apnea increased 0% to 50% , effective 08/30/2004. Special monthly compensation granted 08/19/2013 to 05/01/2015. Right knee post total knee arthroplasty 100% from 08/19/2013, then 30% - 10/1/2014. Left knee post total knee arthroplasty 100% from 03/25/2014, then 30% - 05/1/2015. Evaluations pending on restless legs left and right (service connected) and memory loss do to being on clonazepam from 1996 to 2016. Hope this may help.

Let me make this easier. I'm retired, in 2004 my rating went over the 50%, needed for CRDP, for service connected reasons. VA described this a Compensation Rating adjustment and Retired Pay adjustment. Since this is retro active will I get retro active pay as a retiree? In 2013 and 2014, I had total knee replacement on both knees. Previously service connect and 10% rating. Rating revised to 30% for both knees & bilateral 1.9 factor. VA awarded temporary 100% disability from August 10th, 2013 to May 1th, 2015, described as Compensation Rating adjustment, Specialty Monthly Compensation adjustment, and Retired Pay adjustment. Since this is retro active will I get retro active pay as a retiree?

Hello new member here and need some help on Retro pay. Retired 28 year AF veteran. Eleven years enlisted, 17 years officer. I have just been upgraded from 60% to 100% with several more claims pending. Retired June 1st 1997. The VA just approved several of my claims that were service connected with retro active dates. One (Sleep Apnea - service connected) goes back to August 2004 and put me over 50%. The VA with its Decision Award letter dated 07/22/ 2016 provided a table of Compensation and Retirement pay adjustments starting 09/01/2004 to 08/2016, effective April 19th, 2016. My DAV rep said I will get back pay. My county VA rep says I will not get back pay because I'm retired. I've read most of the applicable CRFs and I'm still confused. County VA rep printed these off today. Yes or No. Combined Evaluation for Compensation Is: 30% from 07/01/1997 100% from 02/02/1998 (38 CRF 4.30) (Paid) 30% from 04/01/1998 60% from 08/30/2004 (New resultant ratings from this date) 80% from 08/10/2005 100% from 08/19/2013 (Bilateral 1.9% dia, codes 5203, 5203, 5259, 5257) Not paid 100% from 10/01/2013 (Bilateral 1.9% dia, codes 5203, 5203, ) Not paid 100% from 03/25/2014 (Bilateral 1.,9% dia, codes 5203, 5203, )(38CRF 4.30) Not paid 100% from 05/011/2014 (Bilateral 1.,9% dia, codes 5203, 5203, ) Not paid 90% from 05/01/2015 (Bilateral 6% dia, codes 5203, 5203, 5055, 5055) Not paid 100% from 04/19/2016 (Bilateral 6% dia, codes 5203, 5203, 5055, 5055) Not paid