Hello,
I have been helping my husband with getting his VA Benefits and believe he should be receiving it CRSC.
Current back story.
Army: 10 years 10 months 28 days ( TOS)
His gross pay is DOD: $2797
He was an E6 when medically retired
DOD Medical Retired and placed on TDRL in 1/3/2012 at 50% and VA at the time gave a decision rating in 6/4/2012 at 50% through BDD. In the decision letter, it states my husband waived his VA compensation in lieu of his Medical Retirement, however, when I go on to his mypay there is no VA waiver on there. In 2014 he was homeless and missed an appointment and had his benefits turned off through DOD and had to go through another evaluation and was put on the PDLR list at 70% for PTSD, Major Depression & Alcohol Dependency in 2014.
Since 2012 he has only been receiving his Medical Retirement. We are currently undergoing a new claim for a lot of disabilities that never were factored in his VA rating in 2012. He is currently doing C&P exams for all those disabilities. We understand after all these exams he will have a new rating (increase hopefully) however, because he was combat-related & disabled due to PTSD he should have been receiving CRSC since the VA says he waived it but DFAS doesn't have any waiver on his statements. I am trying to understand what we should do, if we file the CRSC right now we dont have any documents from 2012 from the VA besides the one decision rating letter doesn't give any VA codes just what he was awarded. If we were to file right now it would still be based on the VA 50% rating and the DOD having him at 70%.
Should we wait for his new rating which can take months as the claim is in the gathering evidence phases due to C&P exams, or go ahead and file.
If he was to file can someone help calculate what he would be given? Really appreciate any help as we have been struggling to get help with these as we were told many times he would have to waive his retirement and wasn't entitled to both.
I have been helping my husband with getting his VA Benefits and believe he should be receiving it CRSC.
Current back story.
Army: 10 years 10 months 28 days ( TOS)
His gross pay is DOD: $2797
He was an E6 when medically retired
DOD Medical Retired and placed on TDRL in 1/3/2012 at 50% and VA at the time gave a decision rating in 6/4/2012 at 50% through BDD. In the decision letter, it states my husband waived his VA compensation in lieu of his Medical Retirement, however, when I go on to his mypay there is no VA waiver on there. In 2014 he was homeless and missed an appointment and had his benefits turned off through DOD and had to go through another evaluation and was put on the PDLR list at 70% for PTSD, Major Depression & Alcohol Dependency in 2014.
Since 2012 he has only been receiving his Medical Retirement. We are currently undergoing a new claim for a lot of disabilities that never were factored in his VA rating in 2012. He is currently doing C&P exams for all those disabilities. We understand after all these exams he will have a new rating (increase hopefully) however, because he was combat-related & disabled due to PTSD he should have been receiving CRSC since the VA says he waived it but DFAS doesn't have any waiver on his statements. I am trying to understand what we should do, if we file the CRSC right now we dont have any documents from 2012 from the VA besides the one decision rating letter doesn't give any VA codes just what he was awarded. If we were to file right now it would still be based on the VA 50% rating and the DOD having him at 70%.
Should we wait for his new rating which can take months as the claim is in the gathering evidence phases due to C&P exams, or go ahead and file.
If he was to file can someone help calculate what he would be given? Really appreciate any help as we have been struggling to get help with these as we were told many times he would have to waive his retirement and wasn't entitled to both.
