Physical Evaluation Board Forum

Used to Be Army Strong · #1 (**permalink**) April 27th, 2008

I have sent my packet down to the PEB and should be getting it any day now. I was told to check into this CRSC and come to find out i meet all the factors except the 40% but was told I should excede that by plenty. Then I heard that there needs to be some type of code on the PEB findings other wise you can not file for it what is that code exactly and is it worth denying your findings to have it added in? someone please help with any info possible asap. i should have my findings Monday and will need as much time to gather evidence as i can if need be.

oh yeah the code name i heard was 10c or C10 not sure.

maparker · #2 (**permalink**) April 27th, 2008

CRSC does not a have a percentage requirement. You merely have to be in receipt of military retirement pay and VA compensation for a combat related disability.

If you are retired, be it for disability or length of service, and you are in receipt of VA compensation for combat related disabilities, then you must file with your service for CRSC. Your Service will be approving the request and validating the combat related status of your VA compensation.

If your PEB unfitting condition is combat related, they should be documenting this on the PEB decision form (DA 199 in the Army). Combat related determination involves more than CRSC such as the amount of separation pay and the taxability of disability payments from DoD. However, having the PEB document the unfitting disability as combat related will assist in the Services CRSC determination of combat related when you file for CRSC.

However, this is not the whole story. The PEB could put an individual out for a non combat related unfitting disability despite the fact the member has combat related disabilities that will later be compensated by the VA. That individual will still be eligible for file for and receive CRSC. An individual could have several combat related disabilities but only one is deemed unfitting by the PEB. If those combat related disabilities are compensated by the VA, that individual is eligible to file for and receive CRSC for all of the combat related disabilities. Length of service retirees can also file for and receive CRSC for combat related disabilities that are compensated by the VA.

I don’t know where the 40% number is coming from that you mentioned. There is a 30% disability rating requirement to be medically retired vice separated for those with less than 20 years. These is a 50% VA rating requirement for Concurrent Receipt of Disability Payments (CRDP) where the individual receives his military retirement and his VA compensation for all disabilities combat related or not. CRDP, is only available to length of service retirees regardless of years served or Chapter 61 retirees who have more than 20 years of service.

Mike

Used to Be Army Strong · #3 (**permalink**) April 27th, 2008

Thanks for all the info so far Mike the only organized way to reply is list format.

1. I have no clue where I came up with 40% I could have
sworn that I've seen it on some army webpage.
2. There is a MIN of 10% requirement to get this.
3. I am suppose to be getting retired I get my findings back
in the next 3-5 days.
4. In what way should it be documented on the DA 199
whether or not it is combat related.
5. My foot condition is unfitting and was injuried the 2nd
time really messing me up during pre-deployment FTX
6. My narcolepsy was from a head injury in BCT so isn't
combat related.
7. When should I be starting my application?
8. What do I need to make sure I have evidence wise so I can get it before they ask for it.
How should all this come to be. From what I gather I should be eligable. But since my packet is comeing back soon I need to know what I should be looking for on the 199 to say that I am eligable otherwise I need to appeal? I want to make sure they get it right now so I don't get screwed down the road.

maparker · #4 (**permalink**) April 27th, 2008

You can't apply for CRSC until you get rated and awarded benefits by the VA. So, what you need to do first is apply for is VA compensation for all of you service connected conditions. VA compensation will off-set your DoD disability retirement. CRSC law makes DoD restore the amount of retirement that they off-set that is attributal to combat related VA compensation.

More importantly, if your unfitting disability is combat related, then your DoD disability retirement will be tax free. However, just because you hurt your foot during a FTX will not automatically make it combat related. It depends on how you hurt it during the FTX. See DoDI 1332.38 for the rules on combat related.

Block 10 is where the PEB documents if the disability is combat related or not for disability retirement purposes.

Mike

Jason · #5 (**permalink**) April 27th, 2008

UTBAS,

That block 10 Mike mentioned is where that code you were talking about comes from; it is reffered to as "10a/c." If they make a 10a/c finding, your benefits are tax free and you get Federal Civil Service hiring preference.

Used to Be Army Strong · #6 (**permalink**) April 27th, 2008

first off thanks.
1. What is the a/c codes ive heard of c but not a and still know very little about the c code.
2. mike on this website
CRSC Eligibility

it says that if i am doing a pre deployment FTX train up for IRAQ that it is combat related. or so i interrupet it?

Jason · #7 (**permalink**) April 27th, 2008

UTBAS,

This is what AR 635-40, 4-19 has to say about it:

"k. Disability compensation excluded from gross income.

(1)

The Tax Reform Act of 1976 . Prior to the enactment of Tax Reform Act of 1976 (TRA 76) (Title 26, United States Code, Section 104, (26 USC 104)), military disability retired pay or disability severance pay was excluded from
gross income for Federal tax purposes. (Disability retired pay is that portion of retired pay based on a person’s disability percentage rating. Disability severance pay is a lump sum payment based on years of service.) With the passage of TRA 76, one of two conditions listed below must be satisfied for military disability retired or severance pay to be exempt from Federal taxation.

(a)

On 24 September 1975, the individual was a member (including RC membership) of the armed forces of any country, the National Oceanic and Atmospheric Administration (NOAA and formerly the Coast and Geodetic Survey),the U.S. Public Health Service (USPHS), or was under binding written agreement to become such a member. (Soldiers retired or separated by reason of disability on or before the cited date are not affected by TRA 76.)

(b)

The disability pay is awarded by reason of a combat-related injury. Within the meaning of 26 USC 104, combat related injuries cover those disabilities attributable to the special dangers associated with armed conflict or the preparation or training for armed conflict.

1.

A Soldier may be performing extrahazardous service even if not directly engaged in combat. Extrahazardous service includes but is not limited to the following activities: Aerial flight duty, parachute duty, demolition duty,experimental stress duty, and diving duty.

2.

Conditions simulating war include, but are not limited to, the following activities: performance of tactical exercises such as the squad or platoon in the assault; airborne operations; leadership reaction courses; grenade and live
fire weapons practice; bayonet training; hand-to-hand combat training; repelling; and negotiation of combat confidence and obstacle courses.

3.

Unlike the provisions for Civil Service retention preference (5 USC 3501), the injury resulting from an instrumentality of war need not have occurred during a period of war as defined by law.
(2) Entries on DA Form 199. The entries made on DA Form 199, blocks 10B and 10C, concern disability compensation excludable from gross income.

(a)

If the PEB can establish the fact (from available records) that the Soldier was or was not a member or obligated to become a member of one of the designated organizations on 24 September 1975, the board will make the proper entry in block 10B. If such a decision cannot be made, the PEB will enter a statement after the last entry in block 8 to reflect that fact and leave block 10B blank.

(b)

In block 10C, the board will record its determination of whether the injury was combat-related as defined by 26 USC 104."

maparker · #8 (**permalink**) April 27th, 2008

If during an FTX, you are charging up a hill in simulated combat and hurt your foot, then it is combat related. If during an FTX, you hurt your foot while performing maintenance on your vehicle, it may not be considered combat related.

Mike

RikersIsland1 · #9 (**permalink**) April 27th, 2008

Quote:

Originally Posted by maparker

If during an FTX, you are charging up a hill in simulated combat and hurt your foot, then it is combat related. If during an FTX, you hurt your foot while performing maintenance on your vehicle, it may not be considered combat related.

Mike

How about if were Admin and you attended FTXs with your unit/command and are later diagnosed with tinnituses (rated 10% by VA).

Jason · #10 (**permalink**) April 27th, 2008

Is there some connection between the tinnitus and the FTX? My gut reaction is no, but if during the FTX, for example, an artillery simulator went of near your ear and this caused the injury, then yes. But if it was something that just coincidentally developed during the FTX, then no.