Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Question

For that served, sincere thanks for your service to the greatest Nation, America.

I recently applied for Disability, using the DAV back in August 2017, which I applied for several service related injuries, after a few months of being denied on some injuries once said and done I was given a 40% rating. I was also collecting military retirement and of course not meeting the 50% rating my retirement was subject to be given a taxfree percentage.  After the VA acknowledged my request for VA disability in August 2017, they sent me a letter stipulating I would be entitled to retro pay from the day my VA claim was submitted,  if I calculate the time it would be about 20 months before finally receiving a rating but I was told I would receive no retro pay because I was collecting retirement.  So I went to a VA representative stationed in the Pentagon who told me that in February 2019 my case was adjudicated and that I would be entitled to no retro pay and I had to submit paperwork because the VA did not acknowledge me being married for 18 years. 

I submitted for additional VA disability in April and received an additional 20% increase giving me a total of 60%.  The VA rep I spoke to also informed me that the VA denied a claim because my personal doctor wrote a side note on a medical examination in reference to my injury ( my doctor wrote a false report because I  wasn’t even there for an examination on what he wrote a false report on) that I was fine and there was nothing wrong with me which caused me being denied.  So here it is now the middle of September and I’m trying to figure out what I’d be entitled to any retro pay at this point?  If anybody can provide me with a bit of insight or a point of contact that would be really really appreciated. I did receive a $2400 from the Treasury but when I called I was told that the VA was conducting an audit and that was in August.  

Thanks All 

Edited by PassThrough
font

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

The font makes the post hard to read.

Share this post


Link to post
Share on other sites
  • 0

First make sure you have all dependents listed, spouse and children. When you are below 50% for disabilities with the VA and you are retired you still receive the same dollar amount. You are technically paid by VA and DOD even though you are below 50%, as you stated above it is tax free.

Now that you are at 60% you can receive your full military retirement and also receive a VA check. You will get back pay form DOD for your military pay and an additional one from the VA.

On 9/12/2019 at 7:06 AM, PassThrough said:

The VA rep I spoke to also informed me that the VA denied a claim because my personal doctor wrote a side note on a medical examination in reference to my injury

I am a little confused by this statement, I assume that this is an entirely different disability and not any part of your 60% rating. 

Congratulations on hitting the 60% mark but I encourage you to keep applying as you disabilities come up. 

Share this post


Link to post
Share on other sites
  • 0

When you hit the 60% SC, CRDP is supposed to be automatic...meaning the VA sends the DOD that info for CRDP.

That involves an audit.

I have plenty of posts here on CRDP, available under a search -this is one of them:

https://community.hadit.com/topic/70182-ptsdmst-crsc/

I dont get this:

" The VA rep I spoke to also informed me that the VA denied a claim because my personal doctor wrote a side note on a medical examination in reference to my injury ( my doctor wrote a false report because I  wasn’t even there for an examination on what he wrote a false report on) that I was fine and there was nothing wrong with me which caused me being denied. "

Sounds like VA BS to me-  

Have you received a formal denial on that claim?

Did you ever miss a C & P exam?

Could that rep provide you with a copy of the exam since he knew what it said?

" I did receive a $2400 from the Treasury but when I called I was told that the VA was conducting an audit and that was in August.  "

Would that $2400 be the proper amount for your retro for the SCs, prior to the 60% award?

Also DFAS has a contact #, I  will find it and post it here.

I am assuming you are qualified for CRDP and not CRSC.....

 

 

 

 

 

Share this post


Link to post
Share on other sites
  • 0

This link contains more info on these programs and also a DFAS contact #:

https://www.dfas.mil/retiredmilitary/disability/crdp.html

I went over many of my posts on this issue, and in 2006 I mentioned that DOD and VA has already screwed up the program----we have had a few retirees here with problems, that did get straightened out----

I would, if I were you, at some point , check with DFAS to see if the VA really sent your 60 % SC info to them.

 

Share this post


Link to post
Share on other sites
  • 0

All,
Thank you for all the responses. 

To clarify Berta, (I work in the Pentagon and there is a VA office here and the Rep told me of the results which was the cause for the claim being Denied was what the DR wrote.) I had a claim in for my left hip in which I had an X-ray completed when the injury occurred. So over the years it has progressively gotten worse, so when I went for the C&P exam the DR did notice some ailments with evidence through 4 new X-rays but according to the VA, they kept the VA claim in a deferred status for 4 months. So when I went to my family DR (who was against assisting Vets like most DR's in the North Virginia area) for a completely different exam and nothing to do with my hip, he decided to write in the report that there was nothing wrong with my hip and I was fully functional and I didn't notice until I sent the report in as evidence for the condition.     

Paul

When I called DFAS, the rep said there was an audit, but that was two months ago and I have read on other forums that it usually hits within 30 days but the VA rep I see sometimes in the Pentagon said I am not entitled to retro pay because the case was adjudicated in Feb 2019 (I was at 40%) but then in June I was increased to 60% and I was given $2400 from Treasury (according to the EzBenefits) I am guessing for the 3-4 months they took from my retirement otherwise if I was to receive retro pay It should be a larger sum.  

Again thanks for the input.  

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Ads

  • Our picks

    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
        • Thanks
    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
      • 4 replies
    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf

      HEADACHE-DBQ.pdf

      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines