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12R3G

First Class Petty Officer
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Everything posted by 12R3G

  1. Pretty sure Chap 61 Disability (i.e., medically retired) benefits are NOT taxable. 65% disabled = 65% of base pay (does not include allowances such has housing, meals, etc.). Once he gets a VA rating, his Chap 61 benefits will be offset dollar for dollar. VA benefits are tax free. Once retired he is retired and gets a retiree id card (dependants, too) and can access the base, use MWR, shop at the PX, Commissary, etc. and is retains medical coverage under TRICARE (dependants, too). He is also eligible to use the VA medical system (and should for SC condtions). Medicaid questions are complicated as each state makes it's own rules for eligibility based on federal guidelines. The magic dollar amount is usually ~$2000 dollars (assets, income). Unearned income is "worse" than earned income. He has some complex legal and financial questions that need answering. He should seek the counsel of a judge advocate (free for him) or an attorney specializing in medicaid issues. The JA should be able to answer his questions on disabliity pay and how it's treated. He can also call the state or county office that handles medicaid in his state (or visit the website). There are plenty of resources he can access...he really needs to speak with local experts to get the corrrect answers to his difficult questions.
  2. vaf He needs to do some research before making a decision. Since he is over 20 years, he can retire based on years of service. 100% of retirement pay is taxable (states vary). Going the PEB route: Chap 61 (medically retired) Retired pay is based on % of disability from PEB. The base PEBLO can provide all the answers, but I believe it years of service is greater than the disability percentage, then you are paid that difference as taxable income (ex: 40% disability and 10% retirement pay = 50% at 20 years service) VA compensation: Over 20 years service (whether chapter 61 or years of service reitiree), and 50% or greater disabled according to the VA then there is a declining offset thru 2014 when there will be full concurrent receipts of both retired pay and disability compensation. Either way, he will ulimately retire. He should definantely stick around as long as possible and try to find out what is going on.
  3. Retirees can also go to the local Judge Advocate's office and have a will drafted. Fairly cookie cutter, but at least you have a lawyer's help for free. Many guard/reserve units have a JA's that may be able to support retiree's as well. The Navy has civiliian JA's and provide a more customized will, including testementary trusts. I know the AF only provides a simple will. Anyone know if TDIU/100% P&T have access to JA along with commissary/exchange? As several have noted, suck it up and go see a lawyer. He/She will provide you with a self-proving will. If your will isn't self-proving, during probate the witnesses to the will will need to appear in court and attest to their signatures, etc. Also, a lawyer will draft the will so that it is valid in any state. If you own property, have income (say, VA disability income) and are disabled and might become incapacited, the living trust, along with a springing durable healthcare power of attorney is ideal.
  4. My GAF is 65, I'm on 2 meds, and my GAF lists several SC condition in Axis III. Isn't Axis III essenitally the co-morbid conditions affecting the depression? I was claiming depression secondary to existing SC conditions (OSA, DMII, hypertension, tinnitis, etc). I'm going to file a NoD and ask VA psych/shrink to add note in record that depression is "at least/more likely..." secondary to SC conditions. Any other ideas for direction on this? Thanks in advance Chuck
  5. Okay...had a consult at VAMC for mild TBI that occured several decades ago in-service (and well documented in records). (Psychologist thinks my other symptoms indicate mildTBI---the match up is uncanny) Anyway, neurologist decides I don't have residuals, but hedges his bet by saying "probably don't", then orders EEG, MRI, labs and a revisit in 6 months to give MRI lab time to schedule the exam. The exam I got lasted about 2 hours but didn't include any "psych" that I could see. Did I miss something? meanwhile, VARO denied TBI residuals without C&P, basing their decision on VA Doctor's clinical notes. Thanks in advance! Chuck
  6. what timing...just last week I read an article in Air Force Times linking TBI to obstructive breathing disorders, such as sleep apnea. In the Journal of Rehabilitation Research and Development, Dr Ruth O'Mara's research shows that 50 - 70% of patients with TBI also have a sleep disorder. The full article is linked here: http://www.rehab.research.va.gov/jour/09/46/6/pdf/ohara.pdf Definately have anyone writing a letter and not using the 21-4138 form add the statement above as the last line before the signature. VA doesn't require notarized statements, but won't accept one without the above certification--even from the vet! If you read your VCAA letter, it says the same thing.
  7. Bump.... JHawk The RO was very clear (and quoting the specific diagnostic code in the VA ratings schedule) about what is required for a 40% rating: wearing a brace. The question is, why wasn't this documented, or if it was, why did the RO ignore the record and lowball the claim. Did the VA obtain medical records from your doctor (look at your latest rating decision under the heading "Evidence"). If yes, was the brace documented in the medical records? If the VA didn't review your treatment records, or if the records don't document the brace, then fix that and obtain a copy for your records and send a copy to the VA. I'm not sure what the other poster was trying to tell you. However, if you plug the numbers in the ratings calculator, your current combine rating is 43% which rounds down to 40. If you rating for the ankle is increased to 40%, then your combined rating will jump to 51% which rounds to 50. So..."yes, it's worth it."
  8. Maybe the best way to answer is not who doesn't, but who does and why. CAC is an access card and ID card all in one. Who gets them? Active/Guard/Reserve servicemembers (not IRR), DoD/Service Component civilians and certain government contractors, primarily those working on site (i.e., at a government facility). CAC contain Public Key Insfrastructure certificate that allow access to DoD information systems, including services such as Air Force Portal and Army Knowledge Now sites. Certificates embeded in the card also allow for digital signing and ecrypting of unclassified emails. So, unless you are on active duty, or are a member of a reserve component with a requirement to perform active and/or inactive duty for training, are a civil servant working for DoD or a service component or a contractor with a need to access DoD information systems (which includes logging onto the local area network), then you are not eligible to obtain a CAC (nor do you have a need for one) Retirees get blue ID cards; dependants and 100% P&T/TDIU get tan [aka "dependant"] ID Cards. If you have a blue or tan ID card, and by virtue of employment--federal or contractor--require a CAC, you get a CAC and still keep you blue/tan ID card. Reason: blue/tan ID card provides access to base facilities such as MWR, exchange, commissary, etc. CAC--other than AD/Reserve/Guard--does not.
  9. Explain the MEB-PEB? Wow... Dewey: there is an office in your based hospital (or main clinic) called the PEBLO (PEB Liaison Officer) who is required to give you briefing on the MEB-PEB process, timeline, decision points, options, etc. NOTHING can legally happen until you have that briefing, except you doctor can begin writing the summary notes for the MEB. If you had the brief and are still not understanding the process and where you are in it, go back to the PEBLO and get some answers--that is what the office is there for. It's a 2 step process...the MEB (locally) determines whether or not you are fit for duty, and whether or not you are worldwide qualified. If the MEB decides you are not fit for duty, your case is referred to the PEB. The MEB is very informal. PEB..."informal", but definately get a lawyer at this point--civil counsel versed in PEBs or a JAG (who may be barely out of law school, but is free--but you get what you pay for). PEB decisions can be appealed, but there are very short windows to file appeals--like days. PEBs historically cherry pick the lowest unfitting disability and rate that, thus its not uncommon to hear stories of vets being discharged with 20% or less from the PEB, only to be rated 50%, or even 100% by the VA. Get a lawyer...you want a 30% or better evaluation from the AF. 30% = medical retirement which brings a lifetime income, and full access to the same benefits any other retiree gets, including TRICARE for you and eligible dependants. 20% or less gets you a certificate and a "don't let the door hit you on the butt" as you leave. Medical retirement does not preclude you from filing with the VA for benefits. Currently, it will affect your total compensation, since Chap 61 retirees are still forced to offset their military retirement from an VA compensation. Hopefully that will change one day. Find out who host/schedules the transition classes (TAP) and get scheduled. find out when the VA gives their disability benefits breifings and attend ASAP!!! Find out who on base is the veteran's service organization rep--could be AMVETS, etc., and make an appointment with them (VA benefits only). Wheew...hope that helps...
  10. caf First, the fine print on NPRC's site tells you that they send what they "think" you need on your first request. Now you need to submit another SF180 (or letter), stating that this is a followup request for the complete contents of your personnel/medical/dental records (although, STRs should be complete). The letter is proforma--I have a couple in my records (long story), but that is a personnel record, not a medical record. I still got the physical. I assume, since you are asking, that you actually got the separation physical that you requested? Dumb question, had to ask. If you got the exam, it would be in your STRs. Did you get a complete copy of the STR? If not, have you ever applied for VA benefits? If so, your STRs could have be transferred to the VA. It depends on what the exam showed...if anything. If a normal exam, no. If the exam identified a condition or injury that occured in or was aggravated by service, then, yeah, I'd want it to show service connection. One last thing, if you were hospitalized, you'll need to specifically request hospital records, clinical notes, inpatient treatment records, etc., and provide NRPC with the hospital/base and approximate dates of admission. these records are separate from your STR (which are outpatient visits) and won't be included in a generic request for medical records.
  11. DickC Were you hospitalized for either? If you request your STRs (or get a copy from the VA), what you get is the contents of your outpatient file (the one the hospital kept and you handcarried when PCS'ing). Hospital records (clinical notes, etc.) are kept by the hospital and eventually retired to the NPRC. Depending on your branch of service, hospital records may first be archieved at a regional medical center or other storage facility prior to being retired to NPRC. There is information on this at the NPRC website. You'll need to know the hospital and approximate treatment dates.
  12. John You are looking for DC 8510 to 8513 (upper, lower, all radicular groups) found in the 38CFR schedule of ratings the Neuritis/Neuralgia DCs are the 86XX, 87XX directly underneath each 85XX DC. The two ratings for major / minor equate to dominate side vs non-dominate side (are you right handed, or left handed?) I'm not a doctor, but in REALLY simple terms, a nerve is pinched (probably due to cervical osteoarthrithis/IVDS) and is causing the radiculopathy which, probably, manifests itself as numbness and tingling along the arm/hand.
  13. I'd love to know the answer to this as well...anyone?
  14. VSync Problem 1--NPRC sends what they "think" you need. If you think something is missing, you can submit another SF 180. Be sure to state this is a follow up request for a full & complete copy of your personnel records. But your 201 file is your personnel records. Unless you really screwed up, letters of counselling are usually kept in a seperate derogatory information file (or whatever they call them now) which could purged after a sufficient numbers of attaboys, PCS, discharge, etc. If you need unit-specific stuff--morning reports, etc., then you'll need to submit yet another SF180 and specify what you are looking for, the unit, and your dates of assignment.
  15. CRDP (concurrent receipt) is automatic--if you are 50% or more and receiving retired pay, then DFAS and DVA will coordinate and your retired pay offset will decrease according to a formula set in law until it is fully implmented in 2014. The offset is shown on your RAS as a "VA Waiver". If you are 100%, the offset was eliminated immediately. Tax code allows for filing amended tax returns for up to 3 years. CRSC (combat-related special compensation) is administered by your service department...not DFAS and not DVA. CRSC must be applied for and allows an offset for combat-related disabilities (direct and secondary). You can receive both CSRC and CDRP, but not for the same disabilities (no double-dipping). CRSC is retroactive to 2004. CSRC, btw, does not mean as a direct result of combat; it also includes injuries received in combat training and exercises, and hazardous duty (aviation for example). Just like getting SC, you need a nexus letter from a MILITARY or VA (no private providers) health provider stating that your disability stems from combat, combat-training/simulated combat accident/harzardous service, etc., using the exact same verbiage the VA likes to see.
  16. if you go to the NPRC's website, it provides all the info you need, but either the SF-180 or a letter with all the data requested in the SF-180 will work--either can be mailed or faxed. Or, you can use the evetrecs online at NPRC, but you will still have to print out and either fax or mail a signature verification sheet. You just need to specify what records you want (i.e., inpatient records and notes) and be very specific that you are requesting complete copy of the records, NOT an abbreviated file (NRPC initially sends what it thinks you need). You will need to specify which hospital(s) and approximate dates of hospitalization.
  17. This is where VONAPP comes in handy... List EVERY chronic condition identified in your Service Treatment Records (STRs). Are you within 1-year of separation? If so, there are several conditions that are "presumed" to be connected if you file within the 1st year. Read 38CFR, the ratings schedule (every disability and the critera for ratings). ask questions here... good luck
  18. Personnel records for anyone retiring or separating from the USAF after Sept 2004 are sent to Air Force Personnel Center at Randolph AFB, unless you have a continuing obligation or join the reserves/guard. Not sure what the other services do.
  19. All Here is a Excel spreadsheet (".xls") for download that will calculate combined disability ratings. All you really need to enter is the rating percentage, but there is space for the description and diagnostic code if you want to keep this as a "code sheet". You can enter in any order, then "sort" by Rating high to low. The sheets are "locked", but there is no password so you can unprotect if you want. I'll only protected to prevent inadvertant earasing of formulas The calculator rounds each line and uses the whole number percentage, not the full decimal; I'm assuming that's what the VA does since that is how the Combined Ratings Table is configured. Combined Ratings Table is included, along with the list of disabilities by diagnostic code and alphabetically by condition (appendix B & C to Schedule of Ratings. If anyone sees a problem, please PM me so I'll be sure to get the message and update. I've been using this myself for several months and think I have the bugs out. I wrote this so I could track and SAVE my calculation for later reference and to run scenarios to see what a change in rating will do to my overall rating. VA_Ratings_Calculator.xls
  20. You can write a letter, or use the VA form 21-4138, statement of claim.
  21. Generally, no. They will do a retirement "assessment" which for me was a meeting with a flight doc and him annotating some of the chronic conditions noted in my STRs. You can be discharged/separtated without a physical or assessment if you waive it.
  22. Pilgrim You can also go straight to the source: http://www.dfas.mil/retiredpay/concurrentr...abilitypay.html or google "dfas concurrent receipt" The answer for you is "no", you must have either 50% or better schedular or TDIU. In addition to CDRP, which is automatic, Combat Related Special Compensation (CSRC) must be applied for. Don't let the name fool you, combat-related includes "injuries" resulting from hazardous duty (such as aircrew duty), and injuries sustained in "simulated combat training". You didn't have to be in combat to be combat-related. Each service, not DFAS, runs it's own program. To be eligible you must have a minimum 10% compensable disability and be receiving both retired pay and VA compensation 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 Navy and Marine Corps: Secretary of the Navy Council of Review Boards Attn: Combat-Related Special Compensation Branch 720 Kennon Street SE, Suite 309 Washington Navy Yard, DC 20374-5023 (Toll Free 1-877-366-2772) Fax: 202-685-6882/6627 Visit the Navy Web Page Air Force: United States Air Force Personnel Center - Click Here to visit the Web site Disability Division (DPPDC) 550 C Street West, Suite 6 Randolph AFB TX 78150-4708 Toll-free: 1-800-616-3775 Visit the Air Force CRSC Web page
  23. Yes Either file the claim, or send a letter--you can even use IRIS--stating your intention to file a claim. The informal claim established the ED as long as you file the formal claim within one year. Sertraline can cause weight gain
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