Help please! 19 months and still waiting on VA rating!

I am sorry to hear of the wait and the hardships you are going through getting your due compensation. Supposedly, the VA is going to take some steps to try to clear the backlog of cases.

I don't know if this happened with your case or not, but what caught my eye was this statement:

This may well have slowed up your claim processing. That is, for example, let's say your claim had moved from evidence gathering/claim development point to a rating decision point and then you added new claims, it is possible that they moved your case back to claim development. You have to be careful when you add things or contact the VA because in some instances, it can slow up the finalization of the claims. I know this is a frustrating issue and it should not be the case that your case slows because of providing additional information, but this does happen. Also, the shear volume of the cliaims could well have caused a slowdown.

I hope things move to completion for your claims and that all goes well. Good luck!


Thank You.

The main reason I added my remaining claims was because I was not aware that if your claims were not put in by a year of your retirement, you are not back paid. I read that on here. My VA benefits rep should have told me this. Instead he told me that they needed no additional information. I even told him numerous items were missing and he told me not to worry about it and to claim it after they make a decision. So I missed that window because of him. So I went ahead to make sure EVERYTHING was on there and got a VSO rep. The VSO rep basically said I did everything he would do.

I understand a backlog, but for an INITIAL and combat related and not working full time and my main 3 items were already rated based VASRD from my med board, I really don't understand what the difficulty is. My doctors took excellent notes before I got out and I have been getting seen once a month by my PCM at the VA, and by Rheumatolgy, Neuro, Cardio, Psych, Physical therapy, Pain Management, and OIF/OEF for continued care, who all agree with my diagnosis that was made before I retired.

Even with the numerous claims, I should be one of the easy one because I made sure to be on the ball with my continued care and documentation.
 
I would go ahead, file for CRSC using your DES proceedings and medical records as evidence. Because, essentially, the CRSC board simply determines if you are eligible or not...it shouldn't matter whether or not you have VA ratings since DoD has already retired you and determined conditions as result of instrument of war/combat related.
 
I would contact your U.S. Senators and Reps about your claims taking so long. It can't hurt anything at this point.
 
I would go ahead, file for CRSC using your DES proceedings and medical records as evidence. Because, essentially, the CRSC board simply determines if you are eligible or not...it shouldn't matter whether or not you have VA ratings since DoD has already retired you and determined conditions as result of instrument of war/combat related.

The Wounded Warrior rep at the VA told me I am not allowed to file without a VA rating first...
 
Amy, try calling these guys if you haven't already - Office of Case Management 202-273-7453. I believe that calling that number moved my case along.

Who would I be calling? Case management of who?
 
Amy, If it makes you feel any better i have been waiting 16 months now just for my unfit rating in the IDES system. No idea on when i will get anything back from the VA. PEBLO has no idea what is taking so long.

That is really odd? Want to email me your list? I can give you a heads up on which are mandatory unfitting. I used to do physical exams. I would need to know your job too.
 
Make a new thread, post your timeline, and we should be able to decipher whats going on. I suspect that you have been found fit/unfit, but notification was not sent.

I was a legacy. I was found unfit in May 2011. I already had my formal board and a rating 60% PDRL Dod...
 
Until you are retired and are in receipt of both retirement pay and a VA rating, there is nothing that the CRSC board can award- until those events happen, there is nothing for CRSC to "restore".
 
From experience, I filed and was approved for CRSC before I received my 'Official' ratings (I did submit IDES 'Proposed' ratings). When I called CRSC office to inquire about how much my payment would be, they informed me that all those calculations come from DFAS. Moreover, when I went from TDRL to PDRL (with an increase in DoD rating), I called CRSC and asked them if I had to re-file a claim or submit anything else to them with updated rating; and they informed that I did not and that, again, they simply determine if a retiree is eligible for CRSC, while DFAS is responsible for compensation, calculations and such.

Obviously, as Jason pointed out, there won't be any compensation until retiree has received VA rating, but I still believe you can be approved. You could call CRSC office for your branch of service and ask about this, so that when you finally do receive a VA rating, you won't have to wait for another claim--CRSC.

Just a suggestion...and CRSC may not process your claim without the VA rating...but it could be worth the try. ;)
 
From experience, I filed and was approved for CRSC before I received my 'Official' ratings (I did submit IDES 'Proposed' ratings). When I called CRSC office to inquire about how much my payment would be, they informed me that all those calculations come from DFAS. Moreover, when I went from TDRL to PDRL (with an increase in DoD rating), I called CRSC and asked them if I had to re-file a claim or submit anything else to them with updated rating; and they informed that I did not and that, again, they simply determine if a retiree is eligible for CRSC, while DFAS is responsible for compensation, calculations and such.

Obviously, as Jason pointed out, there won't be any compensation until retiree has received VA rating, but I still believe you can be approved. You could call CRSC office for your branch of service and ask about this, so that when you finally do receive a VA rating, you won't have to wait for another claim--CRSC.

Just a suggestion...and CRSC may not process your claim without the VA rating...but it could be worth the try. ;)

Interesting...I am not sure how close in time the relative events in your case were. And, I don't doubt that what you described happened to you as you explained. I based my comments on two things- the fact (as discussed) that until you are in receipt of both military retirement pay and VA compensation, there is no offset to restore. I also based it on a somewhat recent case (going back more than a year or so ago when the CRSC application was filed) where I had a PEB client that I was able to move from separation to a retirement finding, with a combat related finding, by the Formal PEB. I advised my client of the requirements for and availability of CRSC benefits.(He had previous VA ratings for each of the relevant conditions). Unbeknowst to me, he filed right after receiving his retirement orders and he enclosed a copy of the orders (but, as I recall, about 3 days before his effective retirement date). The CRSC returned the application with a cover letter stating that he was not eligible because he was not in receipt of retired pay and VA pay. He refiled a few weeks later and enclosed his PEB findings. He was denied again, this time with a letter advising him to file an appeal to the CRSC if he disagreed. We did this, denied again. (This case was very strange because the CRSC analyst asked for PEB findings of combat related nature as part of his listing of documents requested to support the claim and we supplied this several times without a change in the denial...this next part is less important to my concerns, but, essentially, in the interim, we filed a lawsuit in Court of Federal Claims to recover approximately 5 years of back pay. The Court remanded to the Army Board for Correction of Military Records, and along with that claim, I submitted a claim for CRSC to the ABCMR- during the pendency of the ABCMR decision, the Army CRSC reversed itself after receiving an inquiry from ABCMR about the issue with a copy of my arguments/evidence. This occurred about 2 months ago. So, he did eventually receive the CRSC, backdated to date of retirement. (As an aside, I will at some point in the near future post more about this case. My client has told me that I can share the details of his case so others can see an example of the issues...the good news is that the ABCMR recommended a grant of relief on the back pay issue in the form of INCAP pay for the disputed five years). My concern is that a "premature" claim may push the case to an "appeal" which may either slow the ultimate disposition or limit the issues one can raise without causing additional review...which may slow the payment. However, filing "early" in your case seems to have worked out for you, so I can't say it is always the case that doing so is going to have a negative impact. There are way too many variables (both in terms of the facts of each case, but also procedurally- as in what specific analyst/reviewer is looking at the case) to state things in absolutes. However, my instinct is that I would not apply until I met the specific criteria for the benefit or compensation requested.
 
Interesting...I am not sure how close in time the relative events in your case were. And, I don't doubt that what you described happened to you as you explained. I based my comments on two things- the fact (as discussed) that until you are in receipt of both military retirement pay and VA compensation, there is no offset to restore. I also based it on a somewhat recent case (going back more than a year or so ago when the CRSC application was filed) where I had a PEB client that I was able to move from separation to a retirement finding, with a combat related finding, by the Formal PEB. I advised my client of the requirements for and availability of CRSC benefits.(He had previous VA ratings for each of the relevant conditions). Unbeknowst to me, he filed right after receiving his retirement orders and he enclosed a copy of the orders (but, as I recall, about 3 days before his effective retirement date). The CRSC returned the application with a cover letter stating that he was not eligible because he was not in receipt of retired pay and VA pay. He refiled a few weeks later and enclosed his PEB findings. He was denied again, this time with a letter advising him to file an appeal to the CRSC if he disagreed. We did this, denied again. (This case was very strange because the CRSC analyst asked for PEB findings of combat related nature as part of his listing of documents requested to support the claim and we supplied this several times without a change in the denial...this next part is less important to my concerns, but, essentially, in the interim, we filed a lawsuit in Court of Federal Claims to recover approximately 5 years of back pay. The Court remanded to the Army Board for Correction of Military Records, and along with that claim, I submitted a claim for CRSC to the ABCMR- during the pendency of the ABCMR decision, the Army CRSC reversed itself after receiving an inquiry from ABCMR about the issue with a copy of my arguments/evidence. This occurred about 2 months ago. So, he did eventually receive the CRSC, backdated to date of retirement. (As an aside, I will at some point in the near future post more about this case. My client has told me that I can share the details of his case so others can see an example of the issues...the good news is that the ABCMR recommended a grant of relief on the back pay issue in the form of INCAP pay for the disputed five years). My concern is that a "premature" claim may push the case to an "appeal" which may either slow the ultimate disposition or limit the issues one can raise without causing additional review...which may slow the payment. However, filing "early" in your case seems to have worked out for you, so I can't say it is always the case that doing so is going to have a negative impact. There are way too many variables (both in terms of the facts of each case, but also procedurally- as in what specific analyst/reviewer is looking at the case) to state things in absolutes. However, my instinct is that I would not apply until I met the specific criteria for the benefit or compensation requested.

Ah...yes, Jason, sounds like you are describing a worst case scenario and definitely something a retiree would want to avoid if at all possible! :) Moreover, essentially, I wasn't disagreeing with your previous post...I was trying to piggyback. :) Another premise: I totally agree with your point that there is 'no offset to restore" without both VA and DoD rating.

When I was separating/retiring (2011), my retirement services and MEB legal advised that I could file claim for CRSC as soon as I retired--"the day I retired." Never did they counsel that retirees needed to wait for VA rating. Obviously, my retirement services, MEB legal could have been giving poor advice or things maybe have changed...but it did work out for me.

It seems supererogatory for CRSC board to require the VA rating in order to process the claim. The VA findings aren't required to submit as evidence, the VA and it's subsequent rating has nothing to do with 'combat related' designation. Moreover, CRSC isn't even responsible for the money or pay-out or the calculation--it's DFAS. And, maybe it's DFAS that has began requesting CRSC not to process any claims until VA rating is established...I don't know.

Again, I completely agree with and understand that there can not and will not be CRSC payment until both VA and DoD rating and payment amounts have been established. And, as you illustrated above, the risk of submitting a claim before such time, may involve too much of a risk.

Lastly, I digress to your advice to wait. :)
 
Is there anything I can do, besides what I have done, besides more waiting?

:(
 
Is there anything I can do, besides what I have done, besides more waiting?

:(
The only thing I see that you could do at this point that may help is to get a congressperson, or two, involved.

I commend you on your patience! :)

But, sometimes there exist a need to push a little harder via (for example) the insight mentioned by ceilingfan.

I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Finally got scheduled my C&P. It only took 23 months!!!

All right! Congratulations! :D

To that extent, I am extremely pleased that the DoVA is moving forward with your disability claim; good deal! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
I just started my C&P 2 weeks ago. I have another one this week. Found numerous mistakes in my first C&P physical. The doctor didn't even look in my record. Stated I had no proof and didn't have a surgery, which I did, to prove one of my conditions. Now I have to amend my medical notes (takes months) and reapply for that condition through the VA. Looking at another year for it easy. Sigh.

My Voc Rehab was denied, for not having any service connected conditionds. I was medically retired for 3.

Now I don't know what is going on with my last appointment with the government shut down. This is all beyond rediculous.
 
My Voc Rehab was denied, for not having any service connected conditionds. I was medically retired for 3.

Now I don't know what is going on with my last appointment with the government shut down. This is all beyond rediculous.
The Voc Rehab will continue as normal, though with some delays. You should go back in and hand them your NARSUM, hell I didn't even have a NARSUM when I was approved. It doesn't make sense why you would get denied!!!
 
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