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  #21  
Old 15 February 2012, 17:09
Doc Wilson Doc Wilson is offline
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Hey with after I went through with the VA .... my arsehole is still sore. But I won in the end. In the middle of my last notice of disagrement.

CFR. 38 I have the 1000+ page handbook on my desk and am versed in how to speakie VA Language. All I can say to the young guys you really have one shot to get it right, which is the first time. Documentation, Honesty and living in the truth about yourself and condition. You lie there you are done. Kinda like it is here.

If your rating stinks like shyte I strongly recommend getting a second opinion. You are your own best advocate.
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  #22  
Old 15 February 2012, 23:09
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ddog79 ddog79 is offline
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Quote:
Originally Posted by Tripod View Post
What kills me is this. Now'adays all a service member has to do is, as stated in an earlier post, is present orders for a CIB, CAB, CAR then it's automatic. We all know, that not all recipients of these awards necessarily have PTSD, or have seen actual "combat".
The VA has that "goofy" survey....and BAM!....you have fucking PTSD. All you have to say, if you have orders for a combat award, is that you "drink too much", or want to do harm, blah, blah, blah. It's fucking stupid. Yes, I'm one of those guys, and I wish I wasn't, I didn't SEEK it out. Because I was a CIB awardee, drank more than they felt was normal, I got 30% for it. Wow. Big fucking deal.

Tripod, I'm sincerely sorry that you have this condition. I know several guys who have it bad, and it's not fun.

I also know guys who know how to work the system for maximum benefit.

All that a qualifying combat award gets for a veteran is an exam. Also, with the relaxed standards, all a veteran has to have is proof of being in a hostile area and stating the he/she was in fear of hostile military or terrorist acts. I write plenty of exams where the veteran has no-shit combat service, but they don't diagnose PTSD. As far as the "survey" goes, that's not what is used to determine PTSD in a C&P exam, that's usually used by regular VA docs. Just because a veteran's counselor at the VAMC diagnoses him/her with PTSD doesn't mean it's going to get service connected. I've seen guys diagnosed with PTSD by their VA doc only to be given a different diagnosis by the C&P examiner.

It seems to me that the regular VA psychiatrists/psychologists are all too happy to give a PTSD diagnosis. Remember, they work on numbers also. My counselor keeps trying to diagnose me with PTSD, but I won't accept it because I know I don't meet all of the DSM-IV criteria. I may have had it at one time, but not now. I know of plenty of veterans who are diagnosed with PTSD at the 70% and up range who are normally functioning people who know how to game the system. With their GAF they should be doing nothing but sitting in the corner drooling.
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  #23  
Old 16 February 2012, 02:04
M-Raider M-Raider is offline
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Just before I got out of the Marines I had no intentions of going to the VA to file a claim, but during my TAP classes a VA rep came and spoke and asked for questions. I told him that I had 2 purple hearts but, I was physically okay and did I need to go into the VA once I separated? He told me yes, definitely. During our break a Colonel who was in the class took me aside and said "listen you may have recovered from your wounds, but you are not okay, you are different than almost everyone of us in here." He went on to tell me that nowadays there are so many more programs and agencies to look into than just the VA, but also that from experience I need to go to the VA after I separate.
Eventually I went to the VA to file a claim and was 50% service connected, but only receiving 40% compensation. I learned that once you separate you have 1 and 1/2 years to file a claim AND receive back-pay. Any claims filed after that year and a half won't receive that back-pay. I did it after a little over a year and got a pretty decent sized check in the mail for the back-pay. I recently went back to the VA to file another claim for 4 teeth that I had knocked out by a rifle while in the Marines. It had been years since it had happened, but the doctor was able to find documentation about it and I am now waiting to hear back from the VA to find out what the compensation % will be. I hope any of this info helps.
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  #24  
Old 16 February 2012, 16:02
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bigmiska bigmiska is offline
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This site is a great one for instructions on how to deal with the VA... http://www.vawatchdog.org/
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  #25  
Old 16 February 2012, 17:13
Miami Sam Miami Sam is offline
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Originally Posted by ddog79 View Post
It seems to me that the regular VA psychiatrists/psychologists are all too happy to give a PTSD diagnosis.

There are a lot of healthcare professionals who make a living off PTSD.
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  #26  
Old 16 February 2012, 17:26
warrottjr warrottjr is offline
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There are a lot of division of responsibility in the VA. The psychologists and psychiatrists who administer C&P exams are not the same folks who deliver primary psychiatric care.

I've been in the VA psych system for 20 years. It took me six years just to get my first C&P exam.
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  #27  
Old 16 February 2012, 18:01
Doc Wilson Doc Wilson is offline
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Quote:
Originally Posted by M-Raider View Post
Just before I got out of the Marines I had no intentions of going to the VA to file a claim, but during my TAP classes a VA rep came and spoke and asked for questions. I told him that I had 2 purple hearts but, I was physically okay and did I need to go into the VA once I separated? He told me yes, definitely. During our break a Colonel who was in the class took me aside and said "listen you may have recovered from your wounds, but you are not okay, you are different than almost everyone of us in here." He went on to tell me that nowadays there are so many more programs and agencies to look into than just the VA, but also that from experience I need to go to the VA after I separate.
Eventually I went to the VA to file a claim and was 50% service connected, but only receiving 40% compensation. I learned that once you separate you have 1 and 1/2 years to file a claim AND receive back-pay. Any claims filed after that year and a half won't receive that back-pay. I did it after a little over a year and got a pretty decent sized check in the mail for the back-pay. I recently went back to the VA to file another claim for 4 teeth that I had knocked out by a rifle while in the Marines. It had been years since it had happened, but the doctor was able to find documentation about it and I am now waiting to hear back from the VA to find out what the compensation % will be. I hope any of this info helps.
Concerning back pay... I have vets filing claims and get back paid from the date of rating to the date of claim .... Am I missing something here?
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  #28  
Old 16 February 2012, 18:02
Doc Wilson Doc Wilson is offline
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Quote:
Originally Posted by warrottjr View Post
There are a lot of division of responsibility in the VA. The psychologists and psychiatrists who administer C&P exams are not the same folks who deliver primary psychiatric care.

I've been in the VA psych system for 20 years. It took me six years just to get my first C&P exam.
Aren't they suppoosed to be third party contractors?
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  #29  
Old 16 February 2012, 18:07
warrottjr warrottjr is offline
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Originally Posted by Doc Wilson View Post
Concerning back pay... I have vets filing claims and get back paid from the date of rating to the date of claim .... Am I missing something here?
As far as I know, back pay is calculated from date of claim, and that happened to me twice.
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  #30  
Old 16 February 2012, 18:10
logan3110 logan3110 is offline
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Quote:
Originally Posted by Doc Wilson View Post
Aren't they suppoosed to be third party contractors?
No, only if the local VAMC staff can't handle the C&P workload, or to keep you closer to home. Oh, and the contract (at least in coastal NC where I EAS'd) is held by a company owned by the Sec. VA from 2001-2005. Just a nice tidbit of info.
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  #31  
Old 16 February 2012, 18:12
logan3110 logan3110 is offline
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Quote:
Originally Posted by Doc Wilson View Post
Concerning back pay... I have vets filing claims and get back paid from the date of rating to the date of claim .... Am I missing something here?
I tried asking that here:http://www.socnet.com/showthread.php?t=105514&page=4

No reference was given, so I take that to assume it's sea lawyer baloney.
I know that you have one year from EAS/ETS where your claims are automatically Service connected. That is all. If anyone can provide a reference on this, Iwould love to see it.
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  #32  
Old 16 February 2012, 18:31
Markslams Markslams is offline
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To quote you from the other thread:

Quote:
Originally Posted by logan3110 View Post
I've never heard of this. Do you have more information?
I do know that you have one year from ETS/ EAS where any claim will be considered "service-connected" without evidence to prove this. I don't think payments apply retroactively, but rather, from the day you file. So, if you do take advantadge of the BDD system, your claim (and retroactive pay date) begins automatically on the day you leave the military.

Since I don't rate C&P, I can't speak of your statement on "automatic service connection" eligibility "without evidence"--although the "without evidence" part certainly seems unlikely. I think the point of filing within the year out from EAS is that you will be back paid from the date of injury or perhaps as soon as you EAS. This I don't know but someone here should be able to answer this.

In regards to filing after that year out from EAS, yes your claim will be retroactively paid back to the date of claim--the date the VA received your paperwork. So if it takes 20 months from the time you file your claim to the day to get your rating, you will be paid the entire 20 months. This is across the board in all business lines of the VA.
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  #33  
Old 16 February 2012, 19:29
CSM-H CSM-H is offline
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Hey to all, If I may a few comments...as others have said it is actually one year from ETS that you can file a claim that will be considered service connected IF you have the medical evidence making the case for service connection. As for back dating of pay, this is a double edge sword, if you are a veteran (not a retiree)..2-3-6-10 years what ever but not a retiree, you file a claim the VA takes forever to consider and pay benefits....You will be paid back pay to the date of the original claim as long as you made all the appointments and missed no deadlines, lump sum tax free. But if you are a retiree, it is NOT a seperate check because you are drawing a retirement check and your VA compensation is an offset of that money. The VA compensation is tax free but if you combine the two checks, your retirement (less the VA amount) and the VA amount the two equal the total of your retirement. Again the VA portion is tax free. You can collect CRDP at the 50% level (automatic) from DFAS; or CRSC if you file for it (not automatic and it is tax free, CRDP is taxable) Your situation will dictate which is better for you to draw (somewhat complicated to explain). Supposedly as of Jan 2013/14 (not sure) the two pays will seperate and a retiree will draw FULL retirement and a the FULL amount of VA compensation. Again keep in mind nothing is free the Retiree part will be taxed in full, the VA part will not. Also the IRS will only let you go back 3 years (36 months) to ammend taxes so if your claim takes longer than that you will still pay taxes on money you should off past the 3 year period.
I know this is all very confusing, if you want to know more about CRDP or CRSC, please look both terms up on google there is a lot of information explaining their respective systems who pays and how to file by service. Good luck to all who are strating this process it can be daunting but do not give up, your body earned it. CSM-H
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  #34  
Old 17 February 2012, 14:01
OldSwabbie OldSwabbie is offline
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Quote:
Originally Posted by Tripod View Post
If you add up all of my percentages I am at 140%. I get paid at 80%. They have a "formula" for their calculations of the percentage of disability award. This includes the tinnitus (I was an 18C back in the day) and PTSD (based on award of CIB, combat decorations, been an OIF/OEF guy, I drink more than 2 drinks a day, hate my ex-wives, want to stab a pen in the eye of the VA nurse asking the questions, blah, blah, blah).

Never really understood the calculation. Never really cared actually to receive the 100% "unemployable" compensation.

Oddly enough, I still like to work.

I am NOT a combat veteran, but I lost a lot of my hearing because of my job in the US Navy. I have a ringing in my ears that NEVER, EVER goes away because of it as well. I have other injuries that have me at 100% disabled ... but I continue to work 50 hours a week and put up the pain. I would go CRAZY if I didn't work.
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  #35  
Old 17 February 2012, 14:42
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Stopp700 Stopp700 is offline
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I can comment on CRSC (Combat Related special Compensation). First you have to be a 20 yr retiree or a "Chapt 61" retiree collecting a retirement check. Like the phrase says, it is Combat Related. This means if you get hurt or incur a disability while in combat or doing someting to simulate combat conditions you most likely qualify. A few examples, you get hurt on a FTX, doing a dive mission/tng, on the demo range, an abn opn. All these qualify you for CRSC. Some of older vets from VN War have been exposed to Herbicide Exposure (one of the Agents like Orange or White).The VA has a list of presumtive disabilites, i.e. diabetes type 2, chloracne, a whole list of cancers and a few other conditons. they would be eligible for CRSC. Then there is PTSD, same as the others making you eligible. Each Service does their own CRSC. Lets use my VA stuff for an example. I am 60% disabled, out of the 60% only 50% is combat related, so I get my VA Check for 60% (tax free), my retirement check (minus the VA 60% amount) which is taxable and then my CRSC check for 50% tax free. If this is clear as mud to you drop me an e-mail or pm. I will try to explain it to you.
Here the book definitions for Combat Related:

PURPLE HEART (PH) - The disability resulted from an injury for which you were awarded the Purple Heart. Evidence should clearly show that theinjury was associated with an incident involving armed conflict, such as shrapnel wounds due to a mortar attack. Documentation must include acopy of the Purple Heart citation and DD Form 214 reflecting the award and injury, or the Purple Heart citation, and excerpts from the ServiceMedical Record that correspond to the date and document the treatment of the Purple Heart injury.
DIRECT RESULT OF ARMED CONFLICT (AC) - The disability was incurred in the line of duty as a direct result of armed conflict. The factthat a member incurred the disability during a period of war or an area of armed conflict or while participating in combat operations is notsufficient by itself to support a combat-related determination. There must be a definite, documented, causal relationship between the armedconflict and the resulting disability. Armed conflict includes a war, expedition, occupation of an area or territory, battle, skirmish, raid,invasion, rebellion, insurrection, guerrilla action, riot, or any other action in which Service members are engaged with a hostile or belligerentnation, faction, force, or terrorists. Armed conflict may also include such situations as incidents involving a member while interned as aprisoner of war or while detained against his or her will in custody of a hostile or belligerent force or while escaping or attempting to escapefrom such confinement, prisoner of war, or detained status.
IN THE PERFORMANCE OF DUTY UNDER CONDITIONS SIMULATING WAR (SW). - The disability was incurred in the line of duty as aresult of simulating armed conflict. The fact that a member incurred the disability during a period of simulating war or in an area of simulatedarmed conflict or while participating in simulated combat operations is not sufficient by itself to support a combat-related determination. Theremust be a definite, documented, causal relationship between the simulated armed conflict and the resulting disability. In general, this coversdisabilities resulting from simulated combat activity during military training, such as war games, practice alerts, tactical exercises, airborneoperations, grenade and live fire weapons practice, bayonet training, hand-to-hand combat training, rappelling, and negotiation of combatconfidence and obstacle courses while in full combat gear. Physical training activities such as calisthenics and jogging or formation runningand supervised sports activities are not included.
WHILE ENGAGED IN HAZARDOUS SERVICE (HS) - The disability was incurred during performance of duties that present a higher degreeof danger to Service personnel due to the level of exposure to actual or simulated armed conflict. The fact that a member incurred thedisability during a period of hazardous service is not sufficient by itself to support a combat-related determination. There must be a definite,documented, causal relationship between the hazardous service and the resulting disability. Such service includes, but is not limited to, aerialflight, parachute duty, demolition duty, experimental stress duty, diving duty, and rescue missions.
INSTRUMENTALITY OF WAR (IN) - The disability was incurred in the line of duty as a result of an instrumentality of war. An instrumentalityof war is a vehicle, vessel, or device designed primarily for Military Service and intended for use in such Service at the time of the occurrenceor injury. Incurrence during an actual period of war is not required; however, there must be a direct, documented, causal relationship betweenthe instrumentality of war and the resulting disability. The disability must be incurred incident to a hazard or risk of service and be caused bythe device itself. Instrumentalities not designed primarily for Military Service if use of, or occurrence involving, such instrumentality subjectsthe individual to a hazard peculiar to Military Service, are included. Such use or occurrence differs from the use or occurrence under similarcircumstances in civilian pursuits. An example of this would be injuries sustained while engaging in pugil stick training using a broomstick,where the broomstick replaces the weapon and causes the injury. A determination that a disability is the result of an instrumentality of warmay be made if the disability was incurred in any period of service as a result of such diverse causes as wounds caused by a military weapon,accidents involving a military combat vehicle, injury or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, ormaterial. For example, if a member is on a field exercise and is engaged in sporting activity and falls and strikes an armored vehicle, the injurywill not be considered to result from the instrumentality of war (armored vehicle) because it was the sporting activity that was the cause of theinjury, not the vehicle. On the other hand, if the individual was engaged in the same sporting activity and the armored vehicle struck themember, the injury would be considered the result of an instrumentality of war.
AGENT ORANGE (AO) - The disability was incurred as a result of Agent Orange exposure (herbicides). For these disabilities to beconsidered combat related, they must be specifically granted by the Department of Veterans Affairs (VA) as presumptive to Agent Orangeexposure (herbicides). For consideration, the initial VA Rating Decision for the claimed disability must show not just Service connection, butthe specific causes of the condition; such as, member has Diabetes due to Agent Orange exposure (herbicides). In addition, for secondaryconditions to be granted as combat related, they must be specifically granted by the VA as secondary to the Agent Orange condition; such as,member's Hypertension is secondary to Agent Orange Diabetes. If the conditions were diagnosed after Vietnam service and prior toretirement, evidence must show the date of diagnosis and proof of Vietnam service. Proof of Vietnam service can include but is not limited toservice medical records, evaluations, decoration citations, travel vouchers or PCS orders.
RADIATION EXPOSURE (RE) - The disability was incurred as a result of combat-related radiation exposure. Combat-related radiationexposure includes documented, onsite participation in a test involving the atmospheric detonation of a nuclear device; the occupation ofHiroshima or Nagasaki, Japan, by the United States forces during the period beginning on August 6, 1945, and ending on July 1, 1946;internment as a prisoner of war in Japan during World War II; or service in Paducah, Kentucky, Portsmouth, Ohio; or the area identified asK25 at Oak Ridge, Tennessee for at least 250 days before February 1, 1992.
GULF WAR (GW), MUSTARD GAS OR LEWISITE (MG) - These codes relate to disabilities awarded by the VA on the basis of presumptionrelating to service in the Persian Gulf War or exposure to Mustard Gas or Lewisite, even though there is no direct connection and the disabilitydid not occur immediately. For consideration, the initial VA Rating Decision for the claimed disability must show not just Service connection,but the specific cause of the condition, such as, member has developed Fibromyalgia from service in the Persian Gulf War. Documentationshould also describe the place, period, and conditions of exposure. In addition, for secondary conditions to be granted as combat-related, theymust be specifically granted by the VA as secondary to the condition developed from service in the Persian Gulf War or exposure to MustardGas or Lewisite; such as, member's Scars are secondary to Chronic Obstructive Pulmonary Disorder from exposure to Mustard Gas.

Logan: No one is "automaticly service connected". You have to file a claim, have a disability incurred by service or aggrevated by service, still being treated for the disability, get a C&P from the VA and then the VA will give you a rating whether or not you are service connected or not. You have 364 days from ETS for the claim to be paid back to your ETS date plus one day "if they find you service connected". Anyways....... Is it 1700 yet?

Last edited by Stopp700; 17 February 2012 at 14:46. Reason: spelling
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  #36  
Old 17 February 2012, 15:44
logan3110 logan3110 is offline
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Originally Posted by Stopp700 View Post
You have 364 days from ETS for the claim to be paid back to your ETS date plus one day "if they find you service connected".
No. Again... reference?
From what I understand, your claim is paid back to the date you file a claim (which can be the day you ETS).
Your ETS date has nothing to do with backpay. The day you file a claim has everything to do with it.
The Year after ETS/ EAS has to do with establishing service connection.
ie- 6 months after ETS/EAS, you file a claim for back pain. You do not need to show service treatment records for this condition, as long as you claim it happened while in service, it is presumed service-connected. You will be backpayed to the date of the claim, not your ETS, unless you have a reference you would like to share?
Now after one year, you will need to prove that this condition happened while on active duty.
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  #37  
Old 17 February 2012, 16:20
Doc Wilson Doc Wilson is offline
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To Stopp700:

So are they counting PTSD (combat related)? I had only figuired on the physiological damage from combat out of my total disability of 230%, 180% is combat related. How the composite breaksdown for CRSC I haven't a clue. I am still a few months out from my decision at the ABCMR for retrograde medical retirement. I already one the case for improper discharge with the ABDR. I am glad I caught this part of the thread.

Re the puprle heart documentation- So from what you are saying be prepared to submit the SF600 and event documentation again? Not that it is a problem I just want to have all my shit lined up in row and squared away for a first time "go" when I get to CRSC stage.

My next question would be does this impact in anyway my 100%+Special monthly compensation from the VA?
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  #38  
Old 17 February 2012, 16:39
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Stopp700 Stopp700 is offline
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Logan: It says that you are VA Case worker. Go ask one of your coaches. I am confident in what I say about the effective date of your claim goes back to the day after you ETS as long as you file with in a year of ETSing. I will get a reference when I go back to work next Tuesday for you.

Doc: This is from the CRSC application, this is what they recommend to be submitted:

In order to process your claim the following records (if applicable) must be submitted with this claim. Do not send ANY original documents - COPIES only!
a. All DD214's and DD215's (especially if for retirement or showing combat ribbons).
b. Retirement orders and supporting documents.
d. Copies of ALL VA Rating Decisions, letters, and code sheets (current and prior). Do NOT remove any pages. All VA documents discussing changes in benefits including Special Monthly Compensation (SCM) and/or Individual Unemployability (IU).
c. Reserve Retirement point computation including any 15-year or 20-year letter (if applicable).
SECTION VI - CERTIFICATION AND WAIVER OF CONCURRENT RETIREMENT AND DISABILITY PAYMENTS (CRDP)
3
e. Medical records or notes that verify how the injury/disability occurred. (Do NOT send EKGs, lab slips, CDs, diskettes or other electronic media.)
f. Physical Evaluation Board (MEB-PEB) results and/or summaries.
NAME (Last, First, Middle Initial)
SOCIAL SECURITY OR EMPLOYEEID NUMBER
g. Any evidence which can be used to verify the events or circumstanc

Also it will not impact your 100% + smc. CRSC is an extra bonus for retired veterans that have been injured or incurred a disability.

Last edited by Stopp700; 17 February 2012 at 16:42. Reason: forgot to add something, once again
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  #39  
Old 17 February 2012, 16:45
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Stopp700 Stopp700 is offline
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DOC
I just saw something in your profile. How many yrs did you have before the med retired you? This is important to how much $$$ you get from CRSC. You can not make more CRSC pay than your retirement pay. If I read your profile right you retired after 10yrs. what year did you retire?
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  #40  
Old 17 February 2012, 16:46
Doc Wilson Doc Wilson is offline
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Quote:
Originally Posted by Stopp700 View Post
Logan: It says that you are VA Case worker. Go ask one of your coaches. I am confident in what I say about the effective date of your claim goes back to the day after you ETS as long as you file with in a year of ETSing. I will get a reference when I go back to work next Tuesday for you.

Doc: This is from the CRSC application, this is what they recommend to be submitted:

In order to process your claim the following records (if applicable) must be submitted with this claim. Do not send ANY original documents - COPIES only!
a. All DD214's and DD215's (especially if for retirement or showing combat ribbons).
b. Retirement orders and supporting documents.
d. Copies of ALL VA Rating Decisions, letters, and code sheets (current and prior). Do NOT remove any pages. All VA documents discussing changes in benefits including Special Monthly Compensation (SCM) and/or Individual Unemployability (IU).
c. Reserve Retirement point computation including any 15-year or 20-year letter (if applicable).
SECTION VI - CERTIFICATION AND WAIVER OF CONCURRENT RETIREMENT AND DISABILITY PAYMENTS (CRDP)
3
e. Medical records or notes that verify how the injury/disability occurred. (Do NOT send EKGs, lab slips, CDs, diskettes or other electronic media.)
f. Physical Evaluation Board (MEB-PEB) results and/or summaries.
NAME (Last, First, Middle Initial)
SOCIAL SECURITY OR EMPLOYEEID NUMBER
g. Any evidence which can be used to verify the events or circumstanc

Also it will not impact your 100% + smc. CRSC is an extra bonus for retired veterans that have been injured or incurred a disability.
Well this is a serious morale boost. Thank you.
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