What is the best plan

Scooby

PEB Forum Regular Member
Registered Member
I was active duty USMC for 9 years and then got out. I returned to the Navy reserves in 2006. At the end of Feb I will have 20 qualifying years and over 4500 points. I was mobilized overseas in a hazard duty zone from Dec 2012 until Nov 2014.

Within the last 3 weeks found out I have a heart condition that put me in the hospital for a week and the following week had an ICD placed in my chest. From reading this is 100% disability rating and the Navy is starting the MED board process as this is a disqualifying event as some might say. I am not positive on the rating but looking at 38 CFR book C subpart A, 4.104 for cardiovascular system and sub category 7011 this seems to be true.

My question is how I should retire and what I need to do before I leave the Navy to benefit me the most.
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Assuming you will receive a 20 year letter on February 01, 2017, you will receive CRDP when you are entitled to your Reserve retirement. Until then (assuming medical retirement), you receive either DoD or VA compensation (the higher), unless CRSC is a factor. Also, if you elected REDUX, medical retirement extinguishers that.

No medical retirement = VA compensation.

Medical retirement = VA compensation and/or DoD retirement.
 

Scooby

PEB Forum Regular Member
Registered Member
I guess I jumped the gun, I posted this in another area of the forum, thinking it might be correct but should have just added to this post. At this point my main concern is getting an LOD for my condition. Here is a better breakdown of my situation.

Post on a different part of the forum:
I joined the USMC active duty in 95, I got out in 2004, nine years minus a few days later. A year and a half I was out totally but then joined the Navy Reserves in 2006. I will hit my 20 good years at the end of Feb. I was deployed to Bahrain from Dec 2012 until Dec 2014 for Operation Enduring Freedom, only half this time I was allowed hazard duty pay (changes in policy while I was there).

I currently have just over 12.5 years of active time per the math (11 years true active service, the rest reserves). I technically already have 20 qualifying years since I was in the delayed entry program for over 2 months but have to wait until Feb 2017 for my anniversary date before I get my 20 year letter sent to me, I have over 50 points with out the free 15 for being a member this year.

In the past three weeks I got hospitalized for what the cardiac doc says is ARVD, this can be a genetic problem but usually manifested with high intensity/long duration work outs (I am sure humping 15 miles in the USMC with a 50-75 lbs pack didn't help along with running at least 12 miles a week, if the 1stSGT got froggy more like 10 miles in one PT session). Many people are not even aware they have it because they don't strain their heart enough to develop the "fatty tissue" around the heart causing my problems. While on active duty in the Navy they got more involved with the CPO 365 program, some intense workouts but more average PT stuff. This is from John Hopkins study, one of the leading heart specialist in the world:
“The results of this study reveal for the first time that the amount and intensity of exercise among people who carry a mutation increase the likelihood of developing ventricular arrhythmias — a very serious heart rhythm disturbance, and heart failure,” says lead author Cynthia James, Ph.D., a genetic counselor in the Johns Hopkins ARVD/C program, part of the Johns Hopkins University School of Medicine’s Division of Cardiology.

I probably should have waited for a drill weekend to have my cardiac VTAC but it happened on a non-drill weekend preparing for the PRT the following weekend. I got an ambulance ride with all the bells and whistles, not exactly what I wanted. I was in the hospital for 5 days, sent to get a cardiac MRI and a week and a day later have an AICD placed in my chest because the drugs only worked part of the time while in the hospital (so far I have not been shocked yet, just waiting for it though).

After reading policies I am in fear that my disability will not be service connected since it may not get the LOD from the review board (looks like PERS-952). I do not have anything directly related to my heart in my medical record until this month. I do have higher blood pressure readings, got an inflammation of one of the blood vessels in my leg (within 90 from return of deployment), a trip to the ER with gout 3 months ago and honestly harder for me to pass the PRT after I returned in 2014 (I almost threw up doing the bike, sad, before I was on my way to excellent, think I never got above satisfactory after I returned). I mostly thought it was old age setting in but it turns out that wasn't the case.

I am not sure how to convince Navy Personnel Command to grant this as a service-connected disability. I am 100% sure it is but have a funny feeling they won't accept it on the bases it was not on "active duty" and a genetic disorder. How can I get this phrased to fall in line with PERS granting this as a LOD case?

So far all that has been done is start the MRR process.

Links from google, ARVD and exercise:
http://www.hopkinsmedicine.org/news...rt_failure_risk_in_carriers_of_arvdc_mutation
http://www.eplabdigest.com/articles...rhythmogenic-Right-Ventricular-Cardiomyopathy
http://www.escardio.org/Sub-special...s/The-role-of-exercise-in-gene-elusive-ARVD-C
http://arvdheart.org/arvd/living-arvc/
https://www.ncbi.nlm.nih.gov/pubmed/25516436
http://www.geneticheartdisease.org/arvd.htm
 

Scooby

PEB Forum Regular Member
Registered Member
Well just to update myself so all my info is in one location, this seems to be my current belief of how this will happen (subject to many changes as I get further in the process learning as I go or the rules change).

It appears that having an LOD is helpful but not mandatory, at least for VA benefits. The biggest thing for VA benefits is to have the "problem" service connected or aggravated. If I can't prove this then I will get nothing nada zilch besides my normal reserve retirement or CRDP which will be the same since I am so close to getting out anyway (points won't change any more than 25 and CRDP would probably be more since I will stick around until the end of my MED board). The only really bad thing that could happen, not likely, is that I left the reserves before Feb 2017 for a non medical reason and at this point I would get nothing but a pat on the back and thanks for your service memo, lets face it this is the government and they can't get crap together that fast anyway for me to retire before then. They want 90 days before you retire to be notified and that day has come and gone. (I still think I could get my last year as qualified since if I got out tomorrow my 19 yr and 2 months plus 10 months would equal my 20, NPC said it would take an extra year to process it that way).

I was reading about CRSC, section 1413a, title 10 and under the preliminary CRSC criteria, section 3 b, I do not qualify until I would start getting retirement pay. It seems that you need at least a 50% VA disability rating to qualify for more than VA benefits plus either CRSC or CRDP/retired pay.

CRSC seems to be on the same scale as VA benefits with a few added rules. The big question I have about CRSC is if they even say I rate it, not sure if PT/exercise falls under, "In the performance of duty under conditions simulating war." I did serve in the middle east for two years for the GWOT, maybe that helps. Maybe some say yes and others say no, flip a coin, if they say no the rest of this paragraph is moot. Say VA benefits are $3,197 for someone with 100% VA rating and wife and child. CRSC seems to take my retirement pay (12.5 years of service X monthly base pay, for this example I will use $4,000 for high 3 base pay) and gives a ratio from my DoD rating (yet to be seen in my case) based off my monthly base pay. I have no idea what my DoD rating might be but for just a guess I will say 40%, who knows.

Normal retirement pay would be $4,000 x 12.5 x 2.5% (31.25%)=$1,250
CRSC retirement pay I estimate to be $4,000 x 40% is $1,600, now you take $1,600-$1,250 which is $350. To complete this I now take the VA table of $3,197 and subtract the $350 to give me $2,847 as my CRSC payment. (found later this is a max of $1,600 as shown below)

The advantage to the CRSC payment seems to be the fact that it is tax free, CRDP/normal retirement is not. It also seems that does not transfer on to your wife once you pass. I know every year, if eligible, you can elect either CRSC or CRDP/normal retired pay; if you pass will your spouse at least receive your normal retired pay (minus SBP % that they calculate to be able to transfer)?

My big question in the situation above is say I am rated DoD at 100%, then its not in my favor:
New CRSC retirement: $4,000 x 100% is $4,000, now you take $4,000 - $1,250 which is $2,750. To complete this again take the VA table of $3,197-$2,750 to give me $447 as my CRSC payment. Am I looking at this wrong, this does not seem right at all? Maybe I would still get $1,250 but $447 of it would be tax free?

It does say that the CRSC payment can not be more than the entitled pay, so my earlier payment of $2,847 would be down to $1,600 since my base pay x (either DoD rating or years of service, which every is higher % wise), in this case $4,000 x 40% = $1,600.

Just doing the math so I don't have to research it later,
DoD rating of 50%- $2,000-$1,250=$750, ----$3,197-$750=$2,447 but is capped at $2,000 for the 50% rating.
DoD rating of 60%- $2,400-$1,250=$1,150, --$3,197-$1,150=$2,047 (based on these numbers 50% or 60% is best)
DoD rating of 70%- $2,800-$1,250=$1,550, --$3,197-$1,550=$1,647

At this point I can still work, so do not plan on claiming any other benefit like SSD or the extra VA stuff for being taking care of at home(can't remember the term). Life may change that but so far my current job has been very accepting of my health condition. At this point the following looks like possible outcomes of all this:

1. I do not get my condition service connected and just receive my retired pay at age 58 (2 years overseas for GWOT after 2008, not sure if I get the full two years, it crossed over 3 fiscal years total Dec 7th 2012-Dec 16th 2014)

2. My condition is service connected and based off the 7011 code will be rated for 100%. I think I would get the VA payment and then receive my normal retired pay at age 58*

3. If my condition is service connected and eligible for CRSC, then will get the VA payment and receive the CRSC payment at age 58*, the CRSC payment is to flexible to judge but hope for either a 50 or 60% DoD rating at this moment.

If I have something all wrong let me know, this is all new to me.
 

Scooby

PEB Forum Regular Member
Registered Member
I will add my life has changed drastically. I no longer can work on engine generators, someone else at work will have to take over, I will probably get trained in something else. I have lost my CDL with hazmat endorsement, with an ICD I am no longer medically qualify to drive commercially, side job. TSA is going to have a hay-day with me not wanting to get in the scanner and get a "pat down" instead. I have lost my private pilots license, again no longer medically qualified, which brings up TSA again since I will have to fly commercially. I now have medical bills for monthly monitoring of my heart plus doc visits every 3 months. Every 5 years get operated on to replace the battery in my ICD. I was a big roller coaster enthusiast but they would prefer me not to ride, probably painful with most rides since the harness would put pressure on my chest where my ICD is placed. I am sure there are other things but those happened to stick out with me this past month.
 

jeffroxcap16

New Member
Registered Member
I know your post was back in 2016, if you can give me feedback and update on how your condition affect your va rating and other compensation it will be much appreciated. I just received my AICD implant, and having only 15.5 years active duty service(E8) with less than 20 years does not qualify me for a DOD retirement . Any feedback would help. I just want to make sure my self and family will not get screwed over for benefits when everything is finalize for my medical retirement under 20years. Thanks
 

chaplaincharlie

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PEB Forum Veteran
Lifetime Supporter
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I received a ICD and was rated 100/100. Implant occured in February 2014. Rating returned in Nov 2014. Orders in Jan 2015, terminal leave ended in April 2015.
 

jeffroxcap16

New Member
Registered Member
Thanks for the info. Did you complete your 20 years? I just want to get an idea how ICD implant, Ventricular Trachycardia, Myocarditis and Sleep Apnea will play out on my MEB and disability rating. Thanks.
 
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