VA claim closed and new claim started. Need answers.

Discussion in 'VA Benefits' started by randi stephan, Dec 28, 2012.

  1. randi stephan

    randi stephan PEB Forum Regular Member

    Joined:
    Dec 17, 2012
    Messages:
    5
    Trophy Points:
    1
    My husband's initial claim was closed on december 19, 2012. The same day a second claim popped up stating it was started on October 23, 2012 when he retired. It was never there before. Anyways the first claim says a claim closed and a decision notification has been sent. He still hasn't recieved anything in the mail nor does the ebenefits page show him a percentage or a AB8 letter. I was wondering when he can expect to recieve the letter either online or in the mail and his percentage. Also when should he expect to get his first pay from VA and is retro pay? He has direct deposit set up already. Also his claim was started in Oct of 2011 before he was medically retired. When he signed his 199 (july 2012) he recieved a proposal letter from va stating that the army was rating him at 60% and the va was proposing 60% for a combined rating of 100%. Does this mean this is what he is probably going to be rated at? The letter stated that this was the decision of the va granted he didn't disagree with the army rating which he didn't? I just want to know rough estimate if anyone knows how much longer it will be before he gets the letter, monthly compensation and retropay if anyone knows.
    Thank you for helping answer my questions and for serving my country.
     
  2. ranger2992

    ranger2992 Staff Member PEB Forum Veteran

    Joined:
    Jul 16, 2011
    Messages:
    1,853
    Trophy Points:
    143
    The VA gives you proposed ratings while going through the MEB/PEB. This is where the first claim comes from. The day your terminal leave ends and you discharge, they open another claim. This is the one that really matters. The second claim will generate your final ratings, as the proposed ratings may change. All they are doing is basically reviewing the proposed ratings and making sure they are good. In my case, they raised my proposed ratings from 60% to 70%. The process takes one to a few months from discharge and they will send you the ratings in the mail when finished. They will also pay the back pay.

    You do understand that the Army rating and VA rating are separate? They do not combine to make 100%. The way it will work is he will get which ever pays better. They offset each other otherwise. For example if you are 60% Army and get $1500 in retired pay and have a 70% VA rating and get $1483 (this is my case) your pay will look like this:

    Army 60% = $1500
    Va 70% = $1483
    Difference = $17

    You will get $1483 from the VA and $17 from the Army. The total can not exceed the $1500 you were going to get from the Army. Again, they offset each other by law. The only acception to this is if your husband qualifies for CRDP (20 years service) or CRSC (combat related). In those cases some of the retired pay would be restored. CRDP is a for sure if you have 20 years. CRSC depends on you filing a claim and being approved. My CRSC was approved at 50% and restores $931 a month of my retired pay. Hope this helps explain things.

    Joe
     
  3. randi stephan

    randi stephan PEB Forum Regular Member

    Joined:
    Dec 17, 2012
    Messages:
    5
    Trophy Points:
    1
    Thank you for answering. I understand they are seperate ratings. My husband is waiting on his va rating so he can put in his paperwork for CRSC he was injured in Iraq. What has me confused is that the original claim has everything on it and it says it is closed now and a decision has been sent. However the second claim only shows four things that were on the original claim and they say it was started the day he retired but when he would go online or call the 800 number they only showed one claim for him. So how is it that this second claim shows up apparently two months after it was started but no one knew about it. This is where I am getting confused. So his original claim that has been closed and the decision has been made, this isn't a real claim then and we are still waiting or what?
     
  4. ranger2992

    ranger2992 Staff Member PEB Forum Veteran

    Joined:
    Jul 16, 2011
    Messages:
    1,853
    Trophy Points:
    143
    The first one closes and is based on proposed ratings. They never even sent me a decision letter. The second claim is the one that counts. When it closes, he will get paid. Mine closed on 20 Oct 12 and they direct deposited my back into my account on 23 Oct 12. Then I received my regular VA payment on 1 Dec 12. After the ratings were final, I had to wait a full month and then the VA took over.
     
  5. ranger2992

    ranger2992 Staff Member PEB Forum Veteran

    Joined:
    Jul 16, 2011
    Messages:
    1,853
    Trophy Points:
    143
    What rank and how many years did your husband retire with?
     
  6. joelf

    joelf PEB Forum Veteran

    Joined:
    Jul 13, 2012
    Messages:
    144
    Trophy Points:
    18
    My situation is identical to yours. My initial claim IDES claim closed on 21 Dec, I retired on 24 Dec and they opened a 2nd claim with only 4 conditions listed. If you get any new info, please post it here...I will do the same.
     
  7. nwlivewire

    nwlivewire PEB Forum Veteran

    Joined:
    Jul 27, 2009
    Messages:
    1,839
    Trophy Points:
    123

    I rec'd 70% PDRL from Army & a "proposed" VA rating of 100% with Unemployable. Went through IDES. Had four Army unfitting conditions and 16 VA issues. DO NOT have 20 YEARS Active Service. I DO HAVE a 20-year Nat'l Guard retirement letter. NOT CRSC eligible, but I AM CRDP elgible at age 59 1/2.

    VA closed my VA Proposed rating after discharge and VA review. They still came up with 100%, BUT the VA changed my Unemployable to Permanent & Total.

    Moreover, the VA also took out four of my health issues that were rated at 0% under the proposed ratings issuance, and started a new claim for them, stating they wanted additional evidence for those four 0% issues.

    What this means to me is that those four issues can likely be upgraded from a 0% rating as there is NO question as to service connection - just a matter of getting to an accurate rating.

    My Army 70% PDRL monthly was greater than my 100% VA. Not by much, but still a greater amount.

    So today, I receive all of my 100% VA (NON_TAXABLE), but that is subtracted from my full, original amount of Army PDRL. I receive a TAD amount of my Army PDRL (TAXABLE). I get a full VA and a little Army PDRL.

    When I turn age 59 1/2, I will be able to receive concurrent receipt (CRDP) as I have a 20 year Nat'l Guard retirement letter.

    At that time, I will be able to receive all my VA (NON-TAXABLE). PLUS my full Nat'l Guard retirement pay (TAXABLE).

    The difference to me in dollars at age 59 1/2 will be an increase of about double of what I am currently getting on my "leftover" amount of Army PDRL. This figure WILL vary with NG/Reservists depending upon rank held and total points earned over the course of a career.

    So to sum up, if you DO NOT have 20 AD years or 7200 NG/Reserve retirement points, you DO NOT have a NG/Reserve retirement letter, and, you DO NOT qualify for CRSC, BUT, YOU DO HAVE Army TDRL/PDRL (30% or greater), then:

    1. You will receive EITHER your full VA OR your TDRL/PDRL money - NOT BOTH.

    HOWEVER, IF your total TDRL/PDRL monthly pay calculation is GREATER than your VA monthly pay calculation, then you will receive ALL your VA PLUS a little bit of your TDRL/PDRL.

    BUT THE TWO COMBINED CANNOT EXCEED YOUR ORIGINAL HIGHER AMOUNT OF TRDL/PDRL. THAT'S THE LIMIT.

    V/r,
    nwlivewire
     
  8. Wisec84

    Wisec84 PEB Forum Veteran

    Joined:
    Jun 29, 2012
    Messages:
    47
    Trophy Points:
    6

    Have you heard anything else with yours. The reopened claim that they did for me also had only 4 contentions when my original and the propose ratings had 11. Whats this all mean ?
     
  9. joelf

    joelf PEB Forum Veteran

    Joined:
    Jul 13, 2012
    Messages:
    144
    Trophy Points:
    18
    I have no idea what this all means. However...my status changed to "Pending Decision Approval" yesterday, so I'm one step closer to getting an answer. I'll share anything I find out.
     
  10. Wisec84

    Wisec84 PEB Forum Veteran

    Joined:
    Jun 29, 2012
    Messages:
    47
    Trophy Points:
    6
    Ok thanks. Mine was "pending decision approval" on the 13th and change to "prep for notification" on the 28 but the next day went back to "pending decision approval " and said that they decided that they needed further approval.
     
  11. Wisec84

    Wisec84 PEB Forum Veteran

    Joined:
    Jun 29, 2012
    Messages:
    47
    Trophy Points:
    6
    Well its back at "prep for notification" today
     
  12. crash5050

    crash5050 PEB Forum Veteran

    Joined:
    Jun 30, 2011
    Messages:
    52
    Trophy Points:
    6
    Fell lucky that is is in prep, mine was in prep then they realized I was on Title 10 Orders in the CBWTU waiting my IDES, and my claim went all the way back to claim recieved, Contentions: Drill Pay Waiver (New). At this time the current regional office cannot tell me a time frame. What gives? What does Contentions: Drill Pay Waiver (New) mean anyway? this is a 2 year old claim, I am at 50 % right now, the MEB said I should get 100% based on what they had seen come thru the office at Fort Sam. but as of now, 2 years later, no PEB no ratings.

    Oh well, tey keep paying me, I will keep going to work. i have a shave at your own pace profile, so my job is mainly to sit and see if I can get boobs past the firewall.
     
  13. Travelerusa40

    Travelerusa40 PEB Forum Veteran

    Joined:
    Feb 24, 2011
    Messages:
    192
    Trophy Points:
    33
    You stated that you can not receive both DoD and VA Comp but I noticed your are IU. I was reading the DFAS website and they said that you could receive CRDP if you are IU. Why do you not qualify for this?
     
  14. nwlivewire

    nwlivewire PEB Forum Veteran

    Joined:
    Jul 27, 2009
    Messages:
    1,839
    Trophy Points:
    123

    Dear Travelerusa40:

    I don't know about CRDP rules for what you are writing about.

    I have a 20-year NG retirement and I was told I had to wait until age 59 1/2 to CRDP - and then, at age 59 1/2, my CRDP is maxed out at what my NG retirement pay would be and not my 70% PDRL.

    As I wrote above, the VA IDES process originally "proposed" a 100% UI rating, but they changed it to 100% Permanent & Total shortly after my discharge and while under their final review process. So I don't have an IU rating from the VA.

    BUT - I am on SSDI. And I wonder if the VA could rate me UI/IU now.

    Oh. Just wondering about the UI/IU and CRDP thing. Do you have a link to that site????? This would be a God-send if I could CRDP now and not wait until age 59 1/2.

    V/r,
    nwlivewire
     
  15. Gomez

    Gomez PEB Forum Veteran

    Joined:
    Jul 3, 2009
    Messages:
    118
    Trophy Points:
    33
    Nlivewire , as clarification, you seem to be confusing the VA categories of IU (Individual Unemployability) and P&T (Permanent and Total) as though a person with a 100% rating is either one or the other.

    You can be Total (paid at 100%) in either of these ways:

    (1) 100% scheduler in which you have a single condition which is rated at 100% or all of your ratings combined brings you to 100% by the combined rating schedule.

    (2) IU in which you are rated less than 100%, you can't work because of your service connected disabilities, you meet the rating requirements to be awarded IU and you are compensated at the 100% rate.

    Under either of these Total (paid at 100%) categories, you may or may not be permanent as well; permanent means there are no future reviews scheduled by the VA as your condition is not likely to improve.
     
  16. nwlivewire

    nwlivewire PEB Forum Veteran

    Joined:
    Jul 27, 2009
    Messages:
    1,839
    Trophy Points:
    123
    Thanks Gomez!

    All I know is that I have been designated 100% P&T based on all my conditions addding up to way more than 100% due to the VA "math". The VA "math" rating of 100% came "naturally".

    My VA letter said no furture reviews are "scheduled", though this does not mean I will never have a review - just means I'm not on their schedule for a review.

    ******

    So my question still remains:

    Can I CRDP NOW - or, do I still have to wait until age 59 1/2 and eligible for NG retirement?

    V/r,
    nwlivewire
     
  17. Travelerusa40

    Travelerusa40 PEB Forum Veteran

    Joined:
    Feb 24, 2011
    Messages:
    192
    Trophy Points:
    33
    Maybe I stand to be correcgted. After Re-reading the DFAS CRDP it looks you would have to be age 60 and collecting retired pay to qualify for IU? But that defeats the purpose because you will get CRDP at age 60? I know that you can not apply for IU until you get your DD214 and not during active service. http://www.dfas.mil/retiredmilitary/disability/crdp.html
     
  18. nwlivewire

    nwlivewire PEB Forum Veteran

    Joined:
    Jul 27, 2009
    Messages:
    1,839
    Trophy Points:
    123
    Thanks for your response. Still looks like age 59 1/2 for me until I can CRDP.

    V/r,
    nwlivewire
     
  19. joelf

    joelf PEB Forum Veteran

    Joined:
    Jul 13, 2012
    Messages:
    144
    Trophy Points:
    18
    I know it's only been 6 days, but...any news?
     
  20. Gomez

    Gomez PEB Forum Veteran

    Joined:
    Jul 3, 2009
    Messages:
    118
    Trophy Points:
    33
    You do not have to be 60 to receive Individual Unemployability (IU) from the VA.

    However, to receive CRDP, the DFAS website provides these requirements:
    1. Retired with either (a) 20 Active duty years or (b) 20 "good years" for Reserve/National Guard
    2. Receiving retired pay (that is offset by VA payments)
    3. Have a 50% + VA disability rating
    4. Reservists and national guardsmen must be at least 60 years old

    Also, some folks seems to be confusing IU and UI. IU is a VA term for Individual Unemployability. UI is commonly used as an abbreviation for Unemployment Insurance (or unemployment compensation).
     

Share This Page