Va Form 21-526Ez Question 18

[Kray]

I am applying under the Agent Orange change criteria for "Coronary Artery Disease" and "Pancreatic Cancer" with the associated Whipple surgery, plus other medical problems not on the Agent Orange list. I was stationed in Vietnam during the period 1970 to 1971. I am retired USAF (20 years) since since 1974 and am receiving Military Retired Pay. I was told to fill out VA Form 21-526EZ and I am having trouble answering Question 18 and am unable to find the correct answer for my situation. I just do not fully understand the question and what will happen to the choice I select. I have never filed any VA claim in the past and have no previous VA number. I have medical records to support my illnesses and have completed all of the necessary forms including Consent to Release Medical information from my Doctor's. I need this answer to be able to file the form.

If I do not check the box what could happen?

If I do check the block what could happen?

If you make the wrong selection, can it be changed?

Would someone be so kind as to explain the proceedure with maybe an example, each way so I can make the correct selection. I would appreciate all the help you could give for my situation.

Thank You

Listed below is Question 18 on the form.

IMPORTANT: Unless you check the box in Item 18 below, you are telling us that you are choosing to receive VA compensation instead of military retired pay, if it is determined you are entitled to both benefits. If you are awarded military retired pay prior to compensation, we will reduce you retired pay by that amount, VA will notify the Military Pay Center of all benefit changes.

If you receive both military retired pay and VA compensation, some of the amount you get may be recouped by VA , or, in the case of Voluntary Separation Incentive (VSI), by the Department of Defense.

18. ____ No, I do not want VA compensation in lieu of military retired pay.

[JustPLS]

Welcome to the world of the VA. You are asking a question which is tough to explain. This may not even be in line with what you are asking, and if not, I apologize in advance.

For years It was basically against the law to receive both military retired pay and veteran's disability compensation. Some years ago, the services started the CRDP program (Concurrent Receipt Disability Pay) and the CRSC program (Combat Related Special Compensation) which modified that law somewhat.

CRDP is only applicable, I think, if you are awarded a VA disability rating of 50% or more. If CRDP is applicable, you get your military retirement and your VA disability compensation LESS an offset to your retired pay which I believe is calculated based on disability percentage. This offset is supposed to go away somewhere around the year 2012 (or 2014 ?) , and it is already gone for 100% disabled veterans. If CRDP is payable, DOD will figure it out for you with no action required on your part.

CRSC only applies to ratings for disabilities caused by combat or certain kinds of combat training. The possible advantage to choosing CSRC is there is no offset to your retirement pay. Depending on the nature of your approved disabilities, it may be advantageous to you to choose CRSC. I believe any combat related rating must exceed 10% to be of any benefit. You must apply with your branch of service for CRSC, and each branch may have their own rules. You cannot have both CRDP and CRSC at any one time, but you can change your choice each year if both are applicable.

I don't have an exact link for CRDP or CRSC, but a simple google search will get you to some more information.

If you don't have any combat related disabilities (and Agent Orange presumptives are considered combat related) and you do not have a total of disabilities rated at 50% or more, my understanding is you can only receive the greater of your VA compensation or your military retirement pay. But remember, VA compensation is not taxable, military retirement is. Probably this part won't apply to you, but if it does, do some research. This is how I recall it to be, but I didn't even sleep in a Holiday Inn Express last night so you have to check it out yourself.

As far as block 18, I think if you do not check the box, you are electing to receive VA pay in lieu of retired pay. I think I checked the box when I applied and was given a chance to change that decision once my award was decided. You might want to do some research (maybe with a Veterans Service Officer), but my opinion is that you will have the opportunity to change your decision at some point.

I hope this explains it a little....google it to read it for yourself. Good Luck!

Edited October 22, 2010 by JustPLS

[Kray]

Wow, JustPLS. I can see I have some reading and studying this situation to make the right selection. I have no idea what my rating will be prior to submission of the claim forms and it seems like an unfair VA question to ask someone not knowing the results. Maybe someone else will relate their experience filling out this form.

I really appreciate your input and I have googled both CRSC and CRDP and will study them. Thank you so much.

[Chuck75]

I'd check the #18 box!

I suspect that if you are able to get a presumptive SC for IHD(CAD,CABG,etc.), and your heart was damaged to a LVEF of less than 30% or other scheduler damage, this would equate to 100% on a single disability. Then, the other disabilities come into play.

SMC may also be due. (The VA likes to ignore this, and not follow the law, in order to reduce the possible amount of compensation.)

Due to the tax situation, dollar for dollar, VA compensation is better than taxable retirement pay.

Tax is a major concern. Remember that many state and sometimes local governments give tax breaks to permanently 100% disabled veterans.I am fortunate enough to be able to collect SSDI in an amount that, by itself, is not taxed. Then, due to the VA compensation as a cushion, able to carefully control taxable income from other sources. The idea is to draw amounts from IRA and other accounts just under an amount that would trigger tax liability. This year, it looks like I can use not taxed money to make energy improvements, get a tax credit, and increase the draw out accordingly.

Wow, JustPLS. I can see I have some reading and studying this situation to make the right selection. I have no idea what my rating will be prior to submission of the claim forms and it seems like an unfair VA question to ask someone not knowing the results. Maybe someone else will relate their experience filling out this form.

I really appreciate your input and I have googled both CRSC and CRDP and will study them. Thank you so much.

[Kray]

Thank you Chuck75 for your input. So much to consider here. I am hoping someone on this forum has recently filled out this form and will relate their experience and result with the situation.

Thanks to all.

[Berta]

“VA regulations provide that, if a Veteran was exposed to an

herbicide agent during active service, presumptive service

connection is warranted for the following disorders:

chloracne or other acneform disease consistent with

chloracne; type 2 diabetes; Hodgkin's disease; Chronic

lymphocytic leukemia (CLL); multiple myeloma; Non-Hodgkin's

lymphoma; acute and subacute peripheral neuropathy;

porphyria cutanea tarda; prostate cancer; respiratory

cancers (cancer of the lung, bronchus, larynx, or trachea);

and, soft-tissue sarcoma (other than osteosarcoma,

chondrosarcoma, Kaposi's sarcoma, or mesothelioma).

Presumptive service connection for these disorders as a

result of Agent Orange exposure is warranted if the

requirements of Sec. 3.307(a)(6) are met provided that the

rebuttable presumption provisions of § 3.307(d) are also

satisfied.” 38 C.F.R. § 3.309(e) (2009)

If the pancreatic cancer is a soft tissue sarcoma that falls into the above definition,then the VA might service connect it.

Usually pancreatic cancer is not a soft tissue sarcoma.

In this case, unfortunately the veteran died, and the widow had obtained strong independent medical opinions that associated the veteran's pancreatic cancer to herbicide exposure and the BVA awarded under Relative Equipoise:

.http://www4.va.gov/vetapp10/files2/1015988.txt

These links have excellent info on CRSC and CRDP:

http://www.military.com/benefits/military-pay/retired-pay/comparing-crsc-crdp

http://www.dfas.mil/rapay/disability/crscandcrdp.html

and under a search here there are some hadit discussions.

In our Agent Orange forum here one our our vets recently posted the form that the VA should send to you, when they receive your AO IHD claim. It is for your doctor to fill out.

Not all CAD is IHD (Ischemic heart disease) although most coronary heart disease is.VA's definition on the form is very inclusive to most types of heart disease (but not all)

Va will be looking at any METS or ECHO results as explained in the IHD regulations n the AO forum, to determine the rating.

Make sure you add any other potential IHD secondary condition such as HBP to the claim.

Under 1B,1C, and 1D is where a doctor can state HBP or any other diagnosis that is stemming from the IHD. This should-for many veterans -,possibly gain them a secondary HBP award without much more problems.

All secondaries require medical evidence so this form seems to allow for that. But they ask for the date of diagnosis of secondaries however (VA is slick) to rule out HBP or anything as secondary- if the HBP or other disabilities seemed to be diagnosed prior to the IHD.(Thus VA can say the are not secondary)