Crdp

Discussion in 'Veterans Disability Commission' started by GreenBeret, Feb 6, 2008.

  1. GreenBeret

    GreenBeret New Member

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    I am retiring from the Active Guard Reserve Program (AGR) this November (08) with 26 years AFS. In March 07, I went in for surgery of a torn rotator cuff and torn bicep tendon (fell in my driveway on ice) peformed by a civilian surgeon. When I came out of recovery, I found I did not have the use of my left hand (dominant hand) anymore. I was seen almost 4 months later at the Cleveland Clinic where it was determined that during my surgery, I had the Ulnar and Median nerves and the Brachial Artery entrapped in 2 sutures thereby cutting off connection to my hand and was not released before closing me up. I went through 2 Arterial By-pass operations to get blood supply back to the hand. Jan 08, I had further EMG testing which basically the doctors determined that the nerves would not regenerate to the hand before the hand muscles would atrophy and shrink up. This would leave no muscle for the nerves to attach to. Bottom line! Loss of left hand for the remainder of my life. I have scheduled to meet with Mr William Spencer (VA Disabled Vet Rep) at Fort Knox, KY during my retirement physical to start my disability claim. Being that I did suffer this disability while on active duty, but not during normal duty hours, am I still considered to be eligible for disability compensation?
  2. TinCanMan

    TinCanMan Active Member

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    If your active duty was Federal Active duty and not just active duty for training, it would seem your injury would be compensable by the VA. If your AD was for state work, the VA will have nothing to do with it.
  3. GreenBeret

    GreenBeret New Member

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    No ADT. Actual Active Federal Service time. No AD for state being I was working as AGR for the Army Reserve, not National Guard.

  4. Guarango

    Guarango New Member

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    Hi Green Beret. Welcome here. Tin Can Man is a treasure trove of exelent info. ref. VA. Now, I am a retired Lawyer and may be able to give you some peripheral advice. First of all, get to a good lawyer in respect of the obvious malpractice in respect to the surgery. Don't forewarn the hospital. Get copies of your medical records asap. They have to give them to you under the Freedom of Information Act. If you forewarn them they could suddenly get accidentaly misplaced as I have seen many times. Also check yur home insurance policy as you may be entitled to compensation through them for the fall at home. If you live in, lets say, an appartment complex then check the rules of maintenance for the parking areas. The landlord should be responsible for the keeping those areas free of garbage and snow and ice for health and safety reasons. If they are and you fell due to the icy conditions of the parking area, they are liable and you can sue them as well. They would have a duty of care to you as does the hospital as well. The Hospital should be very well insured for malpractice. It is their fault, by what you tell us, that you are now permanently disabled ref. your left (primary in your case) arm. If you do not wish to listen to me fair enough. But listn to TCM. He should have been a lawyer the way he understands rules, regulations and laws. Hope this helps you. By the way, your home insurance should have a free legal advise clause so that the lawyers get paid by them and not you. Hope this helps.
  5. TinCanMan

    TinCanMan Active Member

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    Frank:

    Hadn't considered filing civil suit for damages. That's good thinkin'. Usually an active duty serviceman cannot sue the federal government for damages under Federal Tort Claims Act because of Feres Doctrine, but this injury, entrapment, occurs in a civilian hospital not a military hospital. I have no idea how the court might look a offsetting damages should he be successful in his VA claim. Certainly worth a consultation visit with an attorney.
  6. GreenBeret

    GreenBeret New Member

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    I have retained a lawyer and we are discussing terms, but still leaving open the option of litigating in court for a better settlement. We had all the documents before the doctor knew about my lawsuit, and then the lawyer requested them again through his office to see what the doctor's office took out of them. ;) Accident occured in my own driveway so I could sue myself :). As far as turning the claim into my insurance, that would not be good since they also insure my vehicle and my premiums would go through the roof with me being a one hand driver now. You are correct about my collecting disability impacting my settlement award. Future earnings also incompass anything I gain from my disability.



  7. Guarango

    Guarango New Member

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    Hi GreenBeret
    Glad you have retained counsel. Good thinking. I don't know if this will help your cause... English courts may follow foriegn presedent if the decission is based on good law and the prinsiple of equitability. You may wish to ask your lawyer to look at English tort decissions. They tend to disreguard any other monetary benefit that the Plaintif may receive due to the breach of dut of care. He may at least find a reasonable equitable argument in your favour. Nothing to loose, all to gain! hope this helps.
  8. Guarango

    Guarango New Member

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    Hi TCM
    Do you know of any cases where the veteran requested a Ratio Decidendi through civil courts for a VA negative decision in respect of the Vet? If the reason for the decission is not fair or equitable then the VA would have to reverse their decission. It would also set a precedent for future vets.
  9. TinCanMan

    TinCanMan Active Member

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    It seems to me, Ratio Decidendi is a legal principal and applies to courts but, the problem here is that decisions of the Regional Office and The Board of Veterans Appeals aren't courts. They have to follow Statute and Regulation wrt veterans claims but any decisions they make at that level don't set precident and are not part of the court system. The first level of veterans claims which is a court is the U.S. Court of Appeals for Veterans Claims. You can search their decisions here: http://www.vetapp.uscourts.gov/

    Legal decisions from other courts can be searched on FindLaw: http://www.findlaw.com
  10. shadowcat5205

    shadowcat5205 New Member

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    As long as you are either title 10 or 32 (most Army Reserve AGR's are title 10 <same as active duty military> Army Guard AGR's are primarily title 32, both are active duty status) and your injury occured during the time frame you were on active duty you should be able to file a VA Claim when you do retire, but you will need your DD214 showing all active duty dates, to accompany your claim.
  11. lost in the sauce

    lost in the sauce New Member

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    This CRDP read like sterio instructions. Is it an additioal payment on top of VA and retirement?
  12. Guarango

    Guarango New Member

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    Hi lost in the sauce. Welcome here. Look at some of the past posted info here. It explains it all. CRDP is additional to VA comp. Houever, you have to meet the criterium. Look furthwer here and you will find the answerGood luck
  13. TinCanMan

    TinCanMan Active Member

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    Well, yes and no. In the past, in order to receive VA compensation, a retired veteran had to waive that portion of retired pay equal to whatever compensation the VA would give him. In other words, the retired vet had to choose between compensation and retirement pay, he could not have both. Now, under CRDP, retiree's that are disabled 50% or more have some to all of their waived retirement restored. You get a bit more every year till 2014 when all the waived amount will be restored and CRDP will disappear. What we will end up with is full retirement and full compensation.
  14. SemperRick

    SemperRick New Member

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    Hey TCM. What is the latest legislation being considered for CRDP or CRSC? Here's my situation. I was medically retired at 30%, went straight to the VA and was bumped up to 50% within weeks. Things were going great, I was three years into my BS at Detroit Mercy and BAM!!! I had a syncope episode that turned into an Implantable Cardiac Device (ICD). Once that device was implanted I was bumped up to 100%. Not too long after that (about three or four years) I was made Permanent and Total and then Unemployable. I have been 100% P&T Service-Connected since 2001. I think I know all the rules when considering CRDP and CRSC. I have been told that veterans with my type rating qualifies for CRSC regardless of TIS. I served honorably and my DD-214 reflects this. I am also aware that in order to receive this type of compensation I must prove that my service-connected disability must be combat simulated training or actual combat. I think for being an active duty Marine for over twelve years with 2/3 of my duty was grunt or wargame related, I think I would qualify. If anybody can give me any type of good scoop, I would really appreciate it. I pay nearly one thousand dollars for one child for support in Michigan and it would be great if I could somehow offset this outrage of so-called family justice with some deserved retirement pay, I would be one happy vet. My military intention was to retire with as many years as I possibly could but ended short. I was truly shocked, pissed and sad that my love of the Corps, serving my country and simply putting on the uniform broke my spirit for a short amount of time. I am simply looking for fairness under these rules. One last question. What legislators are working to get CRSC for vets like me, qualify for every stipend except for that 20 year BS. Retired is retired. I have every benefit as a regular retiree except for the due compensation. I hope somebody can help.

    SSGT Rick Erens....Out.
  15. TinCanMan

    TinCanMan Active Member

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    You say:
    Is this a schedular award or is this a temp 100% based on hospitalization or convalescence?

    Then you say:
    That makes no sense at all unless the answer to my first question is yes to hospitalization/convalescence. You cannot go from 100% schedular to IU.
  16. TinCanMan

    TinCanMan Active Member

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    I haven't got a clue. It's an election year. Someone is proposing somthing that appeals to someone. When it becomes law, I pay attention.

    NDAA 2008 authorized CRSC for Chapt 61 retirees but it doesn't start till Oct 2008.

    Not necessarily. DOD will validate your eligibility based on the available evidence. See this link: http://ask.afpc.randolph.af.mil/docs/crsc/FAQ.doc
    The info regarding TIS is out of Date.

    Average cost to rais a child from birth to age 18 is approximately $204k. That works out to be about $1k/mo. I'd consider it an outrage if the taxpayers had to do that for you. Looks like Michigan got it right.

    Best you can hope for under the law is justice.

    Maybe, but it isn't universally accepted.

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