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    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

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
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PassThrough

Retro Pay

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
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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. 

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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.....

 

 

 

 

 

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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.

 

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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.  

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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