Physical Evaluation Board Forum

well i was forced by my command to break my profile and was sent out to a Pre-deployment FTX "because we need to develop commraderie in a field enviroment" on crutches. On my way to the TOC my cructchs sunk into the ground and my foot caught twisting it outward to about 90 degrees and breaking the bone and tearing the tendon they just operated on 2 months prior.
Thats what happened and I believe I meet quilifications. does anyone have any thought or opinion?
Sorry about the spelling to big of a hurry to fix typos.

Jason, I think tinnituses was the wrong word/injury to use. I apologize. If an Admin person were sent to FTXs and developed a problem (hand problem for a better term) that developed after time and was considered a disability by the VA at 10% or more could he/she be entitled to CRSC? I would think yes.

I would think you would since your additional injury occurred during an Pre-deployment FTX.

This is the standard for eligibility:

"(e) Combat-related disability. In this section, the term "combat-related disability" means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that--
(1) is attributable to an injury for which the member was awarded the Purple Heart; or
(2) was incurred (as determined under criteria prescribed by the Secretary of Defense)--
(A) as a direct result of armed conflict;
(B) while engaged in hazardous service;
(C) in the performance of duty under conditions simulating war; or (D) through an instrumentality of war."10 USCS § 1413a

What we are talking about is in the performance of duty under conditions simulating war. I think you have to have a causal connection between the injury and the "conditions simulating war." It is not important that it occurs during an exercise (a time period). It needs to be a result of something (an action). Focus on the action causing the harm, not the time in which it happens.

UTBAS,

I think if you were just walking to the TOC under normal conditions, then you will not qualify. If, for example, you were part of a quick reaction force and headed there to respond to an attack, then you would.

RikersIsland1,

The answer depends. If the hand condition was the result of, say, typing too much during the FTX, then no. But, for example, if it was the result of diving on the ground and using the butt of the rifle to break the fall during a simulated attack and this later developed into arthritis, then yes.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Remember,

If your Service states you are qualified for CRSC, they will have to free up money from their budget to pay for it. DoD has always been against concurrent receipt which this is a form. So unless your disability is without a doubt combat related, prepare for your Service to say it is not and prepare to have have to fight for it. However, if CRDP is extended to Chapter 61's, this would become moot as it is paid automatically. Guess who is fighting expansion of CRDP to Chapter 61's?

Mike

well that pisses me off because If they would of listened to the doctor I wouldn't of been out there on the cructhes and none of this would of happened. i mean i wish it could of happened while doing some type of tactical move but i couldn't even walk so i got screwed by this standard just by the fact i couldn't do anything in the first place. What would be your thoughts about calling my congressman/ news stations and seeing what their opinions are do you think this would be persuasive to my benefit?
Also if I don't have that 10c code now on my 199 can i still qualify later on through some other means or is this something I need to get taken care of before excepting my findings?

I would have to disagree with you on that Jason. What does Admin do during an FTX? Their job in the performance of duty under conditions ...

RikersIsland1,

Disagreement is healthy, else how would the Emperor know he had no clothes on!

However, I have never heard of anyone getting CRSC for typing. Separate from that, I think you have to look at the entire clause:
(2) was incurred (as determined under criteria prescribed by the Secretary of Defense)--...(C) in the performance of duty under conditions simulating war.

I would say that it is an error is to focus on the term "FTX." I think there has to be something that would approximate conditions simulating war at the exact time the injury is incurred. Noise simulators, smoke grenades, a battle drill, something like that. Having evidence that this occurred during an FTX may put it in context, but I think if your squad leader said, "hey, we have a block of time free this afternoon, we are going to the parade field and practice movement techniques under fire," and you fall, it will qualify. Nothing magical about "FTX."

I also think it is an error to focus on their "job." I do not think this is an MOS specific test. It it the cause of the injury that you focus on. Was the injury incurred in the performance of duty under conditions simulating war? This is a deviation from the usual analysis applied to line of duty decisions. In LOD cases, if it happens while you are on active duty (and you aren't AWOL, or as a result of intentional misconduct or willful negligence) it is LOD-Yes. Anything that happens is covered. But in order to qualify for CRSC, I think there must be a causal connection between the injury and the conditions simulating war. If this were not so, a case of hemorrhoids that developed during three hour simulated defense of a company fighting position would be covered. I don't think you could connect the two causally (it is likely just coincidental that they occurred at the same time).

Assume you are right though, another problem is going to be proving the "incurred" part. For our typist who typed too much and later developed hand problems, this chronic condition is going to be very difficult to show was incurred under conditions simulating war. This, strictly speaking, is a problem of proof and evidence. But outside of the issues I mentioned above, I think it is not going to fly. What about the many hundreds of hours before or after spent typing? I think chronic conditions, if documented as being aggravated under conditions simulating war can work...it is just a difficult thing to prove.

If anyone else has had success getting something granted for CRSC that goes against what I think is the case, please let us know. I would love to be wrong on this as it means more folks would qualify for benefits. I simply think it takes a causal connection between the injury and the conditions simulating war.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Point taken. Thank you for your reply. Just looking out for my paper pusher buddies out there who get un noticed time and again.

I to am concerned over this CRSC as I injured my achilles tendon in Iraq. I am not sure how it happned just could not walk one morning. I am in NG so doc did an LOD stating no real cause. When I was placed in the CBHCO program a doc asked me if I was ranning while in Iraq and then wrote that I injured myself running. Now I am on my way to MEB, and I really do not think this was from running as I have run my whole 28 years in the military and dont remember running before this happned.