hypertension My Story & Questions

[harleyvet]

Like many of you, I am still patiently waiting for the VA's decision on my case. I went on terminal leave from the Army in FEB 10, and medically retired APR 10. Before I left Ft Campbell, the VFW rep talked me into getting my VA file started early so that it would be processed faster. In FEB I signed the VFW as my POA and headed home to CO. My C&P exam was completed at the Denver VAMC and forwarded to Winston-Salem. W-S received my case in July and it has been in the decision phase since AUG 6. My list of complaints are as follows:

• anxiety condition
• depression
• insomnia
• lumbar spine condition (Due to two surgeries in 2008/2009)
• irritable bowel syndrome
• tinnitus
• shoulder condition
• right
• knee condition
• right
• hypertension
• premature ventricular contractions
• erectile dysfunction
• varicose veins
• GERD
• knee condition
• left

I understand the backlog that the VA is experiencing, and that they give 16-28 days average for each decision. Mine has been in the decision phase for twice longer than average, and my patience is wearing thin. I am financially under with no outlook of getting better, waiting for the claim (Not a good idea, hindsight and all). I had a job, but was fired due to an outburst that the VA psychiatrist says is directly related to PTSD (This was part of and added to my C&P). I have been unemployed since June of this year, trying to raise my family of 5 on my wife's part time job and my 70% retirement. Should I be writing a letter to W-S asking for hardship? At this point would it even matter? Is there anyone with roughly the same timeframe as myself that could give a good heads up as to their status? My guesstimate for percentage is 80, anyone want to add their 2 cents?

I appreciate any and all comments, insights, encouraging words. I know that many of you have been there and done that, that's why I am here....

Thank You for letting me vent....

[carlie]

Is this a factor for combat related as well? I was under the impression that it would not be a factor with my main injuries being combat related. Please let me know if that is not the case, because if not, that is some good advice.

harley,

No, just because it related to combat does matter if you received severance pay -

they will re-coup whatever severance pay you received before you get any VA disability

compensation.

Example:

You received $1,000.00 severance pay.

You get granted VA compensation at $200.00 a month.

IIf there is no retro pay involved) - VA would keep your first

five months of compensation from your effective date.

[harleyvet]

Thank You for that info Carlie!

[SheilaLundlee]

Example:

You received $1,000.00 severance pay.

You get granted VA compensation at $200.00 a month.

IIf there is no retro pay involved) - VA would keep your first

five months of compensation from your effective date.

Actually, the issue of severance pay recoupment is pretty complicated. I'll address the issues in separate postings, because my brain needs regular rest :)

Most likely scenario: If you receive disability severance pay from the Army, it will be because the Physical Evaluation Board rates your disability(ies) at 0, 10 or 20%. Pay particular attention to the Diagnostic Codes that are included on the PEB Report. The VA can only recoup your severance pay from the portion of your VA award where the VA disabilities are the SAME (i.e. same diagnostic code) as the disabilities for which you receive the severance pay. I'm attaching a copy of the section of M21-1MR (one of the VA bibles) that describes the recoupment of severance pay. Also, I'm pasting the pertinent piece below:

ch04_secb.doc

7. Recoupment and Withholding Procedures for Severance Pay, Continued

c. Withholding Amounts of Original Awards (continued)

If withholding for …

disability severance pay

And ... the veteran received disability severance pay for some, but not all, of his/her service-connected disabilities

Then... withhold for recoupment the amount of the monthly compensation (including any amounts for dependents) payable for the severance disabilities, and

· pay the balance, if any, to the veteran.

Notes:

· If the balance paid to the veteran is at a rate less than the full amount of monthly compensation payable for nonseverance disabilities, including additional amounts for dependents, withhold only the balance remaining after payment of the amount for the nonseverance disabilities.

· If a veteran with severance and nonseverance disabilities is rated 10 percent under 38 CFR 3.324 based on multiple zero percent disabilities, do not withhold benefits to recoup severance pay if one of the zero percent SC disabilities is a severance pay disability. A zero percent severance pay disability alone does not permit payment of benefits.

· If a veteran is entitled to SMC, do not apply the SMC benefit toward severance pay recoupment if nonseverance disabilities would support payment of the SMC rate to which the veteran is entitled.

7. Recoupment and Withholding Procedures for Severance Pay, Continued

d. Example 1: An Original Award With No Withholding

Situation: A married veteran received disability severance pay and has a

· 50 percent evaluation for a severance pay disability, and

· 100 percent evaluation for an additional nonseverance pay disability.

Result: Do not recoup severance pay while the nonseverance pay disability is rated 100 percent.

e. Example 2: Withholding From an Original Award

Situation: A married veteran received disability severance pay and has a combined evaluation of 70 percent from a

· 50 percent evaluation for a severance pay disability, and

· 40 percent evaluation for a nonseverance pay disability.

Method 1: Subtracting Severance Disability Rate From the Total Award

$1232.00 Total 70 percent rate as of 12/1/2006

$ 781.00 Withhold the 50 percent rate including additional for dependent

$ 451.00 Pay to veteran

Method 2: Subtracting Nonseverance Disability Rate From the Total Award

$1232.00 Total 70 percent rate as of 12/1/2006

$ 556.00 Pay the 40 percent rate including additional for dependent

$ 676.00 Withhold from veteran

Result: Use Method 2 in this situation and withhold $676, because it allows the greater award to the veteran.

Note: If a total evaluation for individual unemployability (IU) were subsequently awarded, based on the situation described in Method 2, the withholding would still be $676. The amount of withholding is calculated from the actual percentages assigned to the severance pay disabilities, not the 100 percent rate for IU.

I would also like to point out that one practical effect of having the recoupment amount so low is that you are effectively receiving an interest-free loan on the severance pay with a really LOOOONG pay back term. :)

I'll post other stuff tomorrow on your issues; you have multiple bogies, but are in pretty, darn good position....

sheila

[SheilaLundlee]

I forgot to mention that this happened to me...there's a steep learning curve, so it took me a couple years to get them to give me my money for my service-connected, non-severance pay disabilities. They did it though :)

sheila

[Berta]

Good info here from everyone-

Harley vet -you mentioned CRSC.

There is a lot of discussion here at hadit if you search under CRSC CRDP and I posted a good link to explaining these programs

here:

[justrluk]

The VA is currently recouping my severance at a computed rate (that will take just under forever). It will be years before I see the entire amount cleared. They used a computed percent of my benefits to come up with the dollars withheld until the severance is recovered. The office you need to contact depends on the kind of debt you incurred. If you claimed medical expenses (as I did), when you apply for benefits, you’ll have to enter it on a form (can’t recall the exact form number). Best advice is to contact the VA Debt Center at: (800) 827-0648. They’ve been very helpful to me. Their web site is at: http://www1.va.gov/debtman/.

However, severance is collected at the VA Regional Offices. You’ll either have to go in person to find out how it’s going to be handled, or call the 800# and see if you can find someone that can speak to the topic. Also, an IRIS request (available through the Dept of Veterans Affairs web site) is an option.