PDRL Formal Board

S

ShaunG

PEB Forum Regular Member
Registered Member
I was placed on TDRL from 17 years AFS Army for PTSD for four tours and 54 months in combat. I was on orders to deploy again and I could not go. I was under IDES VA rated 100% PTSD alone plus some other physical issues. Six months later I was reevaluated by VA. It was a very frustrating and short interview and I was decreased to 30% PTSD and with my other total VA of 70%. I was never contacted by the VA until I received a letter indicating I was at 30% permanently and I failed to respond to the notification and my 30 day appeal period. I never received the initial determination letter, I called, was checking the mail, I knew the appoint went badly, I got into it with the LCSW. So my CRSC was turned off as well..

I had my PDRL informal board, the result was "the VA rated you 30%, you are 30%." I have the formal board approaching. I submitted all the additional information where I was evaluated by civilian phycologist PhD and other VA (Vet Center) folks who questioned the ethics and outcome of the LCSW 30% re-evaluation. My antipsychotics have been increased. I had a job shoveling coal which I lost because people were scared of me.

Does the formal board have the discretion to increase my Army PTSD rating? Are they likely to do so? My appointment with counsel will be two weeks prior to the formal board date. I am concerned about antagonizing the board and hurting my own case because my behavior is so erratic. Is this just an exercise in futility and they will just revalidate the VA 30%? I have an attorney to address the VA rating but he says re-engaging them will be years off. I guess I need to get that back to at least 50% to re-qualify for CRSC. thanks for any guidance.-Shaun
 
ShaunG said:
Does the formal board have the discretion to increase my Army PTSD rating? Are they likely to do so? My appointment with counsel will be two weeks prior to the formal board date. I am concerned about antagonizing the board and hurting my own case because my behavior is so erratic. Is this just an exercise in futility and they will just revalidate the VA 30%? I have an attorney to address the VA rating but he says re-engaging them will be years off. I guess I need to get that back to at least 50% to re-qualify for CRSC. thanks for any guidance.-Shaun
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An individual must be retired and have at least a 10% approved combat related disability to qualify for CRSC. The threshold is not 50%; that percentage is the minimum for CRDP for those otherwise qualified.

DFAS:
Eligibility
To qualify for CRSC you must:

  • be entitled to and/or receiving military retired pay
  • be rated at least 10 percent by the Department of Veteran’s Affairs (VA)
  • waive your VA pay from your retired pay
  • file a CRSC application with your Branch of Service
Ron
 
I was getting CRSC, as soon as the VA cut the PTSD from 100% to 30% they shut off the CRSC. They sent me a letter telling me I am ineligible due to that action. I am perplexed, I will have to re-submit my application I guess.
 
If I end up with 30% Army I expect I will receive 17 years x 2.5% high three $7869 Army retirement as Method B computation of $3340.00 minus the 70% VA disability?

I am pretty overwhelmed by this, I have a hard time processing information nowadays. I dont understand why the CRSC was cut off entirely.
 
ShaunG said:
If I end up with 30% Army I expect I will receive 17 years x 2.5% high three $7869 Army retirement as Method B computation of $3340.00 minus the 70% VA disability?

I am pretty overwhelmed by this, I have a hard time processing information nowadays. I dont understand why the CRSC was cut off entirely.
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If your AD is 17 years, then 17 x 2.5% = 42.5% x 7869 (if that is high three) = 3344.33 retired pay
3344.33 minus amount of VA = either zero or an amount of residual retired pay you will keep

The combination of CRSC plus residual retired pay cannot exceed the longevity portion of retired pay. In your case, the longevity is 3344.33

If you are a RC/NG member, the active duty equivalent is used rather than the 17 you show. Active duty years and months +(other creditable points/360) = active duty equivalent.

Ron
 
Hello @ShaunG

Could you provide answers in one reply to the following questions that would help with an assessment?

1. What was your TDRL rating by the DoD originally? Please breakout the percentages by type disability.
2. What is your PDRL rating by the DoD recently? Please breakout the percentages by type disabilty.
3. What was your VA rating upon retirement? Please breakout the percentages by type disability.
4. What is your current VA rating? Please breakout the percentages by type disability.
5. What was the approved CRSC rating by your service? Please breakout the percentages by type disability.
6. What information does the new Army document for CRSC show?

Thank you,
Ron
cc:
@oddpedestrian @chaplaincharlie
 
You are making a lot of careless mistakes that are adding up first get with a free VSO ASAP and file a supplemental claim to increase your current VA PTSD rating of 30% you can use the new and relevant evidence you obtained for the TDRL exam for the VA to get the ball rolling. They will schedule you a VA exam please review the attached rating chart, this exam needs to go well.

You said you were working as a veteran with a 100% MH rating the reduction sounded warranted. For the board to be sticking with the VA number was that rating (the VA) granted less than six months ago?
 

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There is free legal counsel available to you through the Office of Soldiers' MEB Counsel at Fort Knox. They can help/represent you for the formal PDRL board.

Soldiers' MEB Counsel
Office of Soldiers' MEB Counsel
Bldg. 853, Room 231
Ft Knox, Kentucky 40121
Office: (502) 502) 624-2310/2423
Fax: (502) 624-3039

[email protected]
 
Thanks team. I am pretty diminished and fighting a running retreat on all this.

1. What was your TDRL rating by the DoD originally? Please breakout the percentages by type disability.
alopecia0%Service Connected05/28/2018
lumbar strain (claimed as lower back pain)10%Service Connected05/28/2018
left (non dominant) shoulder strain (claimed as bilateral shoulder pain)20%Service Connected05/28/2018
hypothyroidism0%Service Connected05/28/2018
tension headaches0%Service Connected05/28/2018
tinnitus (claimed as bilateral)10%Service Connected05/28/2018
erectile dysfunction0%Service Connected05/28/2018
left knee strain (claimed as bilateral knee pain and bilateral calf pain)10%Service Connected05/28/2018
posttraumatic stress disorder (PTSD) with major depressive disorder (MDD)100%Service ConnectedPTSD - Combat05/28/2018
scars, residual nevi removal, left anterior thigh, chest, back, lower extremities, and left buttock0%Service Connected05/28/2018
right knee strain (claimed as bilateral knee pain and bilateral calf pain)10%Service Connected05/28/2018
gastroesophageal reflux disease (claimed as chronic GERD/chronic heartburn)0%Service Connected05/28/2018
right (dominant) shoulder strain (claimed as bilateral shoulder pain)20%Service Connected05/28/2018
2. What is your PDRL rating by the DoD recently? Please breakout the percentages by type disability.
Based on informal board PTSD 30%. The PEBLO and FT Knox PEB attorney stated that only the issue preventing deployment matters to the Army. Formal board in December 2020
3. What was your VA rating upon retirement? Please breakout the percentages by type disability.
Same as the above.
4. What is your current VA rating? Please breakout the percentages by type disability.
Same as above but PTSD is 30%-Combat
5. What was the approved CRSC rating by your service? Please breakout the percentages by type disability.
100% PTSD
6. What information does the new Army document for CRSC show?
See attached. "Rating decision dated 22 January 2019 proposed to discontinue special monthly compensation" After that CRSC stopped entirely, I had been receiving $1,130.20/month for a year from my 28 May 2018 separation date.

I current am still on TDRL, receive 75% of base pay minus the VA which is 70%. PDRL informal board validated the 30% VA PTSD rating for a 30% Army rating. I have 17+ year active duty. I was ordered to TERA retirement 31 December 2017, my orders rescinded, then ordered mandatory retirement 31 December 2020, placed on deployment orders for 5th tour, I refused, was given choice of UCMJ or MEB. I went MEB and retired on 28 May 2018. PTSD re-evaluation was December 2018, and I got into an argument with the LCSW, she treated me very badly. I was working because all my money went to my ex-wife, and I was under a divorce decree to pay her. I shoveled coal that fell off conveyor belts, not high math. I lost that job for getting into fights. I cant figure out what is going on, I am sure I was told but did not understand that I was not really retired. I have very diminished capacity. I will get an Army lawyer for the formal board. I have a lawyer for the VA decision and he filed a supplemental claim, waiting on the Decision Review Officer which takes "18-24 months"

@oddpedestrian @chaplaincharlie @RonG
 

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Hello,

This addresses only one issue. Those who have experienced the IDES/PEB/MEB might provide comments.

My Question: 6. What information does the new Army document for CRSC show?
Your Answer. See attached. "Rating decision dated 22 January 2019 proposed to discontinue special monthly compensation" After that CRSC stopped entirely, I had been receiving $1,130.20/month for a year from my 28 May 2018 separation date.

As you might know, special monthly compensation (SMC) is not CRSC. I receive SMC-S in place of the 100% amount and I also receive CRSC at 100%. I infer that DFAS did not send a letter to you that discussed the termination of your CRSC. You might be able to find some additional info by reviewing DFAS MyPay and looking at your most recent CRSC statement.

You mentioned, "I current am still on TDRL, receive 75% of base pay minus the VA which is 70%.."

From the info you have provided and the fact you remain on the TDRL, your current pay entitlements appear to be:
a. Average high three base pay at time of retirement, increased by COLA increases in subsequent years x 75% = retired pay
b. The retired pay at item "a" would be reduced by the amount of VA compensation received each month
c. Any retired pay in excess of the reduction amount (i.e., VA comp) is residual retired pay you get to keep
d. If you have CRSC approved by your service (which is completely separate from the DoD retirement process and the VA compensation process), you would receive the lesser of the longevity amount of your retired pay OR the rate approved by the Army after they received your CRSC application. The combination of any residual retired pay and CRSC cannot exceed the dollar amount of the longevity portion of retired pay.

You might consider contacting a veterans service officer in your area to help you with the CRSC aspect of your situation.

This seems to be good advice:
"There is free legal counsel available to you through the Office of Soldiers' MEB Counsel at Fort Knox. They can help/represent you for the formal PDRL board.
Soldiers' MEB Counsel
Office of Soldiers' MEB Counsel
Bldg. 853, Room 231
Ft Knox, Kentucky 40121
Office: (502) 502) 624-2310/2423
Fax: (502) 624-3039"

[email protected]

I defer to @chaplaincharlie and @oddpedestrian on the other issues you presented.

I sincerely wish good luck for you...

Ron
 
Thanks very much. I did not know that "special monthly compensation (SMC) is not CRSC." so when CRSC stopped I did not believe it was wrong ro an error. I received CRSC June 2018-June 2019. I have the statements from MyPay for that. Right now MyPay shows no CRSC payment.

I do have an assigned Army attorney for the PDRL formal board but I believe I am screwed, they are going to revalidate the VA 30% like the informal board. I am totally spent fighting the Army and VA.

I have a CRSC Request for Reconsideration in with HRC, as much as that will do. There is no way to call them, the old number and extension no longer works. The HRC call center said they would give them a message from me but they may not call.

As a functional and useful question, if the Army validates the 30% as my permanent, I will get Method B, base pay x 2.5% x 17 years of service? As opposed to 30% of my base pay? There is no value in re-engaging the VA because what good will come out of getting the VA increased for PTSD? I have no energy and the ongoing fight is harmful to me.
 
I recommend you take advantage of free legal counsel.
 
ShaunG said:
As a functional and useful question, if the Army validates the 30% as my permanent, I will get Method B, base pay x 2.5% x 17 years of service? As opposed to 30% of my base pay? There is no value in re-engaging the VA because what good will come out of getting the VA increased for PTSD? I have no energy and the ongoing fight is harmful to me.
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You are correct about 17 x 2.5% = multiplier in your case.

Ron
 
RonG said:
You are correct about 17 x 2.5% = multiplier in your case. Caveat: IF the 17 years is active duty or active duty equivalent for reserve component.

Ron
Click to expand...
Added a caveat. RG
 
Thanks sir, I did 26 years total, the last 17 years straight active duty, I was involuntarily ordered to active duty from the USAR for the war. Total AFS is 17 years and 5 months.
 
CRSC
Army: Called and left messages, submitted CRSC Reconsideration Request Form via email to the CRSC folks at HRC
VA: Agreed I was eligible, told me to call DFAS
DFAS: Tracking payments from June 2018-June 2019, no idea why it stopped, recommends writing DFAS Indianapolis a letter asking same
VFW: Contact Army CRSC

Formal Board:
Army: Work with appointed counsel
VA: Submitted for re-evaluation July 2019, should take about two years for hearing
VFW: Do what private and Army appointed counsel say

I will follow through with these lines of effort, thanks everyone for your input.
 
Hello,

Thanks for the update.

Comments.
--The VA is not an authority on CRSC.

--Address for Retired Pay:
Defense Finance and
Accounting Service
U.S. Military Retired Pay
8899 E 56th Street
Indianapolis, IN 46249-1200

--You can FAX your signed document.

Fax

Please include your full name, daytime phone number, social security number and signature on all written correspondence.

Retired Pay: 800-469-6559

Good luck,
Ron

edited to add:
Unless it has changed in recent years, the Army's CRSC element is operated by a contractor. I wrote the following around 2017: "The Army CRSC processing is done by a civilian contractor. The contractor is National Sourcing, Inc. a Service Disabled Veteran Owned Small Business, at least that was the contractor per info received in 2016."
 
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