A hundred Questions

[tankervet]

Okay, not really a hundred but I have quite a few.

First of all, let me say that this site has been awesome so far. I have been on here for a while, soaking up the information.

Before I ask these questions, let me say that I have used the search function and have not been able to find the answers.

First for a little background information. I am an active duty Army SSG. I served 3 1/2 years in the national guard prior to joining the Active Army in 2000 for a total of 8 years active right now. I'm being boarded for PTSD. I have completed my MEB and am awaiting my PEB findings.

1. As I understand all PTSD are rated through DOD disability 50 % temporary. Is this correct?

2. I have not gotten my VA rating yet. But here is what I understand. No matter what I am rated from the VA, if its not more than my 50 % from the Army, I will take the Army's disability, except for CRSC. Because I cannot get both.

3. Hypothetically, I receive from the VA 30% for PTSD, which is combat related, and 10% for my back which is combat related and say 20 addition percentage for misc things that are not combat related. I would draw the Army's disability of 50% TDRL plus 40% VA for the combat related but none for the additional 20% unrelated to combat?

4. This is the one that will make me look stupid, I'm sure. I have had numerous people tell me that either VA or the Army will send a check to my children each month for a certain amount. I am divorced and have 2 children in which I pay child support on that live with there mother. I have searched this forum and the internet and cannot find anything validating this. I'm thinking it may have something to do with Social Security or something, and that the people who I have heard it from are mistaken.

5. Lastly, how long is that wait between receiving the PEB findings and getting a retirement date? My PEBLO said it has to be reviewed in Washington, DC, and that it could take a while. She is very nice, but I get the feeling that I am one of her first cases. I've read on here that most people got there "release statement" or whatever its called within a few days.

I believe this is all of my questions. Thanks to all who have provided such interesting and helpful discussions and especially to Jason and his expertise.

[VA Kat]

While I'm not the authority on these matters, I can tell you that the VA does not send money to dependents. The service-connected benefits are in the veteran's name only; I've been told many times by VA Regional Office that VA comp cannot be garnished or reassigned to a third party. However, a vet who is receiving VA comp is not judgment-proof. I've had several cases where vets thought their income was untouchable only to discover that some court found in favor of a creditor and froze the guy's bank account. It doesn't matter the source of the funds.

I think your intuition regarding Social Security Disability funds is correct. From my experience, typically the dependent's check goes to the custodial parent.

Good luck with the remainder of your questions. I've also been reading through this forum, and have gained a tremendous amount of information.

[Jason]

Originally Posted by tankervet

1. As I understand all PTSD are rated through DOD disability 50 % temporary. Is this correct?

No. The rating is whatever the PEB gives. In my experience, the usual result, if a Servicemember is rated at least 30%, is placement on the TDRL. I recently had a case, though, where my client was permanently retired, so that does happen. Now, a bigger question. I believe, if unfitting, PTSD should be rated at a minimum of 50% with placement on the TDRL. The reason for this is Section 4.129 of the VASRD (38 CFR, Chapter I, Part 4). That does state that if separated from the military due to extreme stress, "the rating agency" should rate at a minimum of 50% and schedule a follow-up exam not later than 6 month to re-evaluate. So far, the Services are not acting like this applies to them, but I believe that it clearly does given that the law mandates they apply the VASRD and they are a "rating agency" in my opinion.

2. I have not gotten my VA rating yet. But here is what I understand. No matter what I am rated from the VA, if its not more than my 50 % from the Army, I will take the Army's disability, except for CRSC. Because I cannot get both.

Remember, they won't automatically give you 50%. In my opinion, they also are incorrectly rating mental disorders too low. That said, you will likely qualify for CRSC, which will allow you to retain up to 2.5% times years of service of your DoD compensation.

3. Hypothetically, I receive from the VA 30% for PTSD, which is combat related, and 10% for my back which is combat related and say 20 addition percentage for misc things that are not combat related. I would draw the Army's disability of 50% TDRL plus 40% VA for the combat related but none for the additional 20% unrelated to combat?

This question is confusing, but if I understand your question correctly, no. Use the calculation from above.

4. This is the one that will make me look stupid, I'm sure. I have had numerous people tell me that either VA or the Army will send a check to my children each month for a certain amount. I am divorced and have 2 children in which I pay child support on that live with there mother. I have searched this forum and the internet and cannot find anything validating this. I'm thinking it may have something to do with Social Security or something, and that the people who I have heard it from are mistaken.

Not a dumb question at all. There is an excellent article, in the Army Lawyer, about this issue. http://www.loc.gov/rr/frd/Military_Law/pdf/12-2006.pdf It is long and may be confusing, but for more info, you should look that over. Be aware, this involves complicated issues of state family law and the interaction with Federal benefits. But there may be some benefit to electing one source of compensation over the other if you are paying under a alimony order. Child support is a different matter. This is something you should consult an attorney about if you have specific questions. The article suggests that there may be some ways to effectively reduce the amount of money available to a former spouse under a division of property. But, note carefully, that the former spouse may want to litigate these issues and you may end up paying anyway. Again, it is advisable to consult a knowledgable attorney about these issues. A final note, some important details of CRDP and CRSC have changed since this article was written.

5. Lastly, how long is that wait between receiving the PEB findings and getting a retirement date? My PEBLO said it has to be reviewed in Washington, DC, and that it could take a while. She is very nice, but I get the feeling that I am one of her first cases. I've read on here that most people got there "release statement" or whatever its called within a few days.

It depends in part on whether you agreed or disagreed with the findings. I have recently had clients get an answer back in as few as two weeks when they have agreed. Disagreements run longer, but not drastically. It also depends on the complexity of the case and the workload at the APDA.

I believe this is all of my questions. Thanks to all who have provided such interesting and helpful discussions and especially to Jason and his expertise.

Glad we have been helpful!

[tankervet]

Jason thanks for you help. That answers most of my questions.

I am very confused about CRSC though. I think in your example you are saying that I would draw VA disibility then through CRSC qualification I would be able to draw 2.5% X 8 years service on qualifying DOD disibility, which PTSD should be.

So just for example sakes, I receive 50% from VA. I would get a payment at the 50% rate from them along with 20% (2.5 X 8years) from DOD?

Another question is what of this is considered taxable income and can be considered in computation of child support? If I understand correctly its the VA money but none of the CRSC?

Thanks again. The .pdf file that you linked has alot of good information in it and is proving to be a great read.

[builtgypsy]

VA compensation is not taxable. However, I don't know if it would be considered when dealing with child support.

[embalmerswife]

The rating for PTSD really varies widely. My hubby was permamently retired at 70% for his PTSD only. We have another person in WTU with him that got the same rating out of Washington. Other folks in our WTU vary in their PTSD ratings from 30% TDRL to our 70% permanent. Hubby is/was mortuary affairs and that is what alot of our PTSD cases are in our WTU. What we have found is it depends on how your NARSUM is written and your level of function. For hubby repeated long hospitalizations,low social functioning levels, and counseling (group, individual, family) appointments adding up to a minimum of five a week contributed greatly to our rating. His docs say this will be a very serious issue for him for years to come. I am sure this is what contributed to our permanent status. If I were you, I would also look into social security. Social Security makes its findings independently of the services. Hubby was rated 100% at Social Security (but they had his medical records that included other health problems also.) Social Security did not give us a reason in approving the claim, only told us it was approved, so I cannot tell you whether or not they just took the PTSD into account or if they considered everything else. We've just started the VA process within the last month so I can't help you there. Hope some of this info is useful.

[tankervet]

Well, I got my 199 back today. Rated at 30% TDRL. I'm not unhappy with that rating. I feel its fair. Now I just have to worry about my VA claim and figure out how this CRSC stuff works.

Oh and it took 8 days from the day my claim was sent to Ft. Lewis to today when my 199 was faxed back. Alot quicker than I was expecting, but I am only being boarded for PTSD.

[justheretohelp]

There are a couple more TDRL posts on here that could be helpful including CRSC for TDRL vet - so confusing!.

The other thing to keep in mind when figuring out CRSC, is the documentation part. What those folks are looking for is anything that links your disability to a combat-related event. For PTSD, you may have it in the narrative summary of your VA rating. Anything that says "had PTSD due to event A and event B in combat" would do it. Notes from the physician that did your eval, any "official documentation" that will say what caused it. "Servicemember has nightmares or can not concentrate because of PTSD" would point out a symptom, but not the cause, so look through your documentation. MEB is usually more detailed and will probably have the right stuff to back up the claim....