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Have Some Issues That Needs Some Answers.........please


mistercee32

Question

Hello all,

I have a few question that I am trying to get some answers on. First, has anyone have any dealings with Salt Lake City RO? and are they good about getting your claim out in decent time as well as giving you a fair rating? The reason I am asking about them is that upon me preparing for my retirement I did a (quick claim) at my last duty station (FT. Hood, TX) and the WACO RO sent my claims packet to SLC RO to be processed since it was a (quick claim). I transitioned back to my home town in ATL, GA and was wondering how all of this is going to play out. Will they transfer my claims packet to ATL once they complete it or will SLC RO be my office of contact?

Second, I am trying to figure out how they will compute my claim with my retirement pay. I took the CSB Redux and it reduced my retirement pay, I am looking at getting between 70% - 90% for my disability. If I get a rating between those %'s, then my claim would be more than my ret pay, and I was wondering how the CDRP would come into play, I retired with 20 yrs active service.

Third, I was hospitalized before I retired and after my claim was submitted, how do I go about filling for my hospital surgery after my claim was submitted? Do I file as a new claim or file as an increase to what ever rating I receive? Also, I am currently seeing a private doctor for my medical problems and not being seen by VA, should I apply to the VA medical center here in ATL to be under heir medical care while I await for my claim to be processed?

Lastly, can some one take a look at my conditions and give me a rough estimate on what they think I would be rated as. I know this is just an guess, but just trying to see what range of percentage I am . Listed below are my conditions:

Sleep Apnea w/CPAP

Chronic Sinusitis

ED

Bi-Lateral Elbow surgery

Bi-Lateral Toe surgery

Bi-Lateral Knee Strain

Bi-Lateral Shoulder Pain

Lumbar Spine

Hypertension

Headaches

Right Hip Bone Spur

Allergic Rhinitis

These are the ones that I have already filed a claim on, I have a few more conditions that needs to be file. If anyone can take a look at those conditions and tell what do they think about them for percentage ratings. I really do appreciate it very much.

Here is my timeline from start to now:

C&P Exam - 12 Dec 2011

Claim Received - 1 Jun 2012

Terminal Leave from army - 22 Feb 2012

Effective Retirement date - 1 Jun 2012

Ebenifits received DD214 - 31 Jul 2012

21-0820 vocrehab memo rating - 17 Sept 2012

Estimated claim completion date - 09/28/2012 to 01/14/2013

Thanks All.

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  • HadIt.com Elder

First, I hope that you made doubly sure that the VA has your current address, contact info, etc.

Next, the only thing sort of locked down, assuming the VA awards it, is the compensation for ED.

It's a fixed amount per month, about $95 if memory serves. Everything else depends upon results of

C&P's, medical records, and so forth, along with an RO's "opinion", as well as VA's regs and governing law.

An example of some typical VA thinking might be Hypertension.

The award schedule defines certain blood pressure limits and equates them to a percentage.

However, the VA likes to say that treatment lowers the blood pressure to between a set of limits, and will

try to justify an award level based upon the treated limits.

I was originally denied for hypertension, until the VA Nehmer review board reversed the majority of past denials I had,

and awarded based upon an increased level of blood pressure controlling drugs. I'm still fighting the EDD on that one.

Edited by Chuck75 (see edit history)
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Will they transfer my claims packet to ATL once they complete it or will SLC RO be my office of contact? Sooner or later (generally pretty quickly), the SLC VARO automatically transfers your claims file to the VARO of jurisdiction, that is, for the address you provide the VA. In the event that you file another claim before the transfer can occur, the new claim will cause the file to be transferred after that initial Rating Decision is done.

Second, I am trying to figure out how they will compute my claim with my retirement pay. Easy can do GI.

I took the CSB Redux and it reduced my retirement pay, It's too late now, and while I don't want to appear <too> judgmental ... why did you do that Redux thingy?

I am looking at getting between 70% - 90% for my disability. If I get a rating between those %'s, then my claim would be more than my ret pay, and I was wondering how the CDRP would come into play, I retired with 20 yrs active service. REDUX with that earlier CSB does not appear to have any bearing. The important thing is that you retired with 20 years.

Here is the general flow of things; I am going to use easy numbers to keep this more-or-less simple:

The VA makes a Rating Decision and assigns you a percentage. Disability compensation is $1,500.

As you are retired military with $1,000 retirement pay, the VA automatically forwards information to DFAS for them to do their thing. You will not receive your Rating Decision or any monies until DFAS does their thing and notifies the VA of any off-set.

Because DFAS notices that your VA disability percentage is greater than your MilRetPay, your MilRet Pay is replaced in its entirety by the VA comp. If you were less than 50% VA disabled, DFAS would offset your MilRetPay dollar for dollar by the amount of VA disability.

Then, because you have >50% VA disability, some of your MilRetPay is "returned" to you under CRDP. In your situation, I see that almost all of your MilRetPay would be returned to you on this first go around, let's say $985. The small remaining amount will be returned by 2014.

So, after all is said and done and using the easy numbers, your combined retirement/compensation would be $2,485 ($1,500 from the VA and $985 from DFAS, with that remaining $15 to be returned over the next two years).

DFAS provides on-line monthly Retiree Account Statements (RAS). On the back of one of these RASs will be a longish statement containing "Your CRDP amount is $985", the amount of your MilRetPay that is being returned to you.

Here is a way old - 2008 - Army PowerPoint briefing https://www.hrc.army...CRDP.ppt about CRDP.

Third, I was hospitalized before I retired and after my claim was submitted, how do I go about filling for my hospital surgery after my claim was submitted? Presuming that the hospitalizations were for conditions that will be service connected, compensation at a higher rate because of hospitalization only occurs when the period of hospitalization is greater than 21 days per 38 CFR 4.29 http://www.benefits...._29.DOC . And, a higher rate cannot be paid while you are on Active Duty.

What you are prolly thinking of is medically indicated and prescribed convalescence, which must be in excess one month per 38 CFR 4.30 http://www.benefits....PART4/S4_30.DOC . Again, the higher rate cannot be paid while you are on Active Duty. If a period of prescribed convalescence begins while you are on active duty and continues after your separation from AD, the portion after you separate can be paid at the higher rate, if you are otherwise qualified.

Do I file as a new claim or file as an increase to what ever rating I receive? If you meet the criteria for hospitalization and/or convalescence, I suggest you wait until your initial claim has been adjudicated and then file with the Atlanta VARO. File the claim for hospitalization and/or convalescence. Make sure that you file within one year of the hospitalization.

If you believe that that service connected condition has gotten worse because of the surgeries, file a claim for increase at the same time.

I am not trying to dissuade you from doing anything, but be advised that a claim for increase will require a new C&P examination. That C&P may show that "things" have improved, and there may be a proposal to reduce that evaluation. Or, there may not and the percentage remains the same. Or, the percentage is increased.

Also, I am currently seeing a private doctor for my medical problems and not being seen by VA, should I apply to the VA medical center here in ATL to be under heir medical care while I await for my claim to be processed? There is no requirement for you to receive medical care at a VA facility, even for a service connected condition.

If you are under TriCare/TriCare Prime and you are satisfied with your doctors, you might consider staying with them. Yes, I know that there is some money outlay, but the responsiveness is better.

If any non-VA treatment records are needed for a claim, you can either get the records yourself and provide them to the VA or you can give an authorization to the VA to request them from your provider(s)

Lastly, can some one take a look at my conditions and give me a rough estimate on what they think I would be rated as. Without knowing a lot more information, I'd say that your earlier estimation was pretty good.

Hello all,

I have a few question that I am trying to get some answers on. First, has anyone have any dealings with Salt Lake City RO? and are they good about getting your claim out in decent time as well as giving you a fair rating? The reason I am asking about them is that upon me preparing for my retirement I did a (quick claim) at my last duty station (FT. Hood, TX) and the WACO RO sent my claims packet to SLC RO to be processed since it was a (quick claim). I transitioned back to my home town in ATL, GA and was wondering how all of this is going to play out. Will they transfer my claims packet to ATL once they complete it or will SLC RO be my office of contact?

Second, I am trying to figure out how they will compute my claim with my retirement pay. I took the CSB Redux and it reduced my retirement pay, I am looking at getting between 70% - 90% for my disability. If I get a rating between those %'s, then my claim would be more than my ret pay, and I was wondering how the CDRP would come into play, I retired with 20 yrs active service.

Third, I was hospitalized before I retired and after my claim was submitted, how do I go about filling for my hospital surgery after my claim was submitted? Do I file as a new claim or file as an increase to what ever rating I receive? Also, I am currently seeing a private doctor for my medical problems and not being seen by VA, should I apply to the VA medical center here in ATL to be under heir medical care while I await for my claim to be processed?

Lastly, can some one take a look at my conditions and give me a rough estimate on what they think I would be rated as. I know this is just an guess, but just trying to see what range of percentage I am . Listed below are my conditions:

Sleep Apnea w/CPAP

Chronic Sinusitis

ED

Bi-Lateral Elbow surgery

Bi-Lateral Toe surgery

Bi-Lateral Knee Strain

Bi-Lateral Shoulder Pain

Lumbar Spine

Hypertension

Headaches

Right Hip Bone Spur

Allergic Rhinitis

These are the ones that I have already filed a claim on, I have a few more conditions that needs to be file. If anyone can take a look at those conditions and tell what do they think about them for percentage ratings. I really do appreciate it very much.

Here is my timeline from start to now:

C&P Exam - 12 Dec 2011

Claim Received - 1 Jun 2012

Terminal Leave from army - 22 Feb 2012

Effective Retirement date - 1 Jun 2012

Ebenifits received DD214 - 31 Jul 2012

21-0820 vocrehab memo rating - 17 Sept 2012

Estimated claim completion date - 09/28/2012 to 01/14/2013

Thanks All.

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