Over 2 Years For C&p Need Help And Advice

[jecsb4]

JAN 6th 2006

I need some advice on my C&P. I first filed in Feb 2004. Here is my background data: Active Army officer for 6 years (81-87) and I still am in the Army reserve with a total of 25 years. I have a reserve “20 year letter” and three years left before mandatory retirement. I was called to active duty twice for Operation Enduring Freedom (stateside Service), so I have 3 DD-214’s. My Army reserve job is using computer simulated war exercises to various unit command & staff personnel. I live in Houston, which has a VA hospital and a VARO.

I filed in Feb 2004 for the following :Severed ligament on right wrist which was repaired with reduced range of motion, bilateral flat feet, rigid toes and hammer toes – both feet, bunionectomy left foot, migraine headaches, and depression.

I submitted extensive and appropriate civilian and military medical records including a buddy statement and two line of duties. My reserve unit even made copies of my files and mailed it to them. The VA kept asking for more data and I finally had to write them and say there was no more documentation.

During my 2004 -2005 active duty I suffered bilateral inguinal hernias, was discharged and had a civilian doctor perform surgery. I also suffered blood clots and had to take medicine. I further had shortness of breath from Alpha 1 Antitryprin deficiency ( iam am a carrier of the gene) I submitted another claim for these conditions along with a line of duty for the hernias.

Nothing happens until June 2005. I am scheduled for 6 C&P exams: Gen Med, Vas Surgery, Gen Sur, Neurology, Psychiatry & pulmary function. They check to see if I had a hernia! I explained that it was repaired. They never did a test to see if my blood clots in my legs were gone! The shrink was a psychologist and she didn’t think I was depressed.

Now in Dec 2005 I get a letter saying they need another Gen Med exam. I was out of town & missed it. So I walked into the VARO and submitted a written request for another one. I then get a letter form the VA saying they have received my application for benefits and action on my claim may be delayed due to the large volume of claims and there is no reason to contact them! So I called the Texas Veterans Commission (who aren’t a big help) and they found out that my file is in Cleveland Ohio.

I guess I am wondering If I will get another exam, what to do during that exam, what possible rating I may get , how much longer this will take and if needed, the appeals process. I do have a civilian job and still am in the reserves, so I don’t expect a big rating. Also I understand that the C&P monies offsets drill pay, correct? Not sure how that workes. What happens when I turn 60 and draw reserve retired pay? Does the C7P offset it?

Any advice and help would be appreciated.

Thanks.

Joe

[jecsb4]

Dear Sir.

The exam process is where the VA really trys to rig the claims process. I had such a good claim it took the VA 22 years to grant my first exam for my now service connected disablity. THey even refused orders to give me a exam and took 2 years more to get get one. There are allot of Dr's who disagree with the VA comp process and take it upon there own to help the VA out and falisify the exams.

The best thing to do while your waiting is to get your own Independent medical opnion and submit it by hand or ceritifyed mail to the VA.

The VA regional offices have lost allot of there power to deny claims because the BVA and courts have over ruled there tired old deny tacticts. The only power the RO now have is to try to keep your claim in there area as long as you continue to try to convince them the merits of your claim. My best advice is to get them to deny your claim as soon as possibel and move it up to the BVA where it gets more real.

Terry Higgins

Thanks Terrry,

I guess I have to find out about the claims procress and start that once they given me a rating.

Joe

[Alex]

Joe –

In regard to your letter, VA is not required to give you another exam, but they usually cut veterans a break and go ahead and do so.

How long it will take to give you the exam depends on the queue for C&P exams. We all have different experiences.

Whether you are working has very little effect on the rating, unless there is one in there for psychiatric claims.

I think VA benefits are offset by your drill pay, but get some better info on this.

Alex

[david walker]

Your right drill pay is offset, but I think you have to receive over a certain percentage. Check with your unit clerk.

Joe –

In regard to your letter, VA is not required to give you another exam, but they usually cut veterans a break and go ahead and do so.

How long it will take to give you the exam depends on the queue for C&P exams. We all have different experiences.

Whether you are working has very little effect on the rating, unless there is one in there for psychiatric claims.

I think VA benefits are offset by your drill pay, but get some better info on this.

Alex

[david walker]

As of 2004 this law changed so that qualified disabled military retirees will now get paid both their full military retirement pay and their VA disability compensation. This recently passed law phases out (over 9 years) the VA disability offset, which means that military retirees with 20 or more years of service and a 50% (or higher) VA rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation.

For any rating under 50%, the retirement system will deducted that amount from your retired pay, but the good thing is they pay it to the VA and the what the VA pays you is tax exempt.

[Guest Berta]

This is from US Army Resources Command- but it pays to remind all of the two programs-all branches covered-

CRSC-Combat Related Special Compensation

and CR -Concurrent Receipt-

http://72.14.207.104/search?q=cache:bi6O1g...&hl=en&ie=UTF-8

I think there are retirees out there who get VA combat related comp and might qualify for the CRSC but never apply.

Berta

PS- I can send anyone the forms for these programs- just email me or ask me for them here---

Edited January 13, 2006 by Berta

[jecsb4]

This is from US Army Resources Command- but it pays to remind all of the two programs-all branches covered-

CRSC-Combat Related Special Compensation

and CR -Concurrent Receipt-

http://72.14.207.104/search?q=cache:bi6O1g...&hl=en&ie=UTF-8

I think there are retirees out there who get VA combat related comp and might qualify for the CRSC but never apply.

Berta

PS- I can send anyone the forms for these programs- just email me or ask me for them here---

BERTA,

Does this mostly apply to combat related injuries/illness. My injuries are non-combat from stateside duty for Op Enduring Freedom. So would this apply to me in any way?

Thanks. Joe