Combat Related Special Compensation and PTSD

Discussion in 'Board For Correction of Military Records' started by tugbird, May 3, 2012.

  1. tugbird

    tugbird PEB Forum Regular Member

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    Hello all, it has been quite some time since using this forum prior to my medical retirement in 2008. I am trying to find some more info on my current quest. I was diagnosed with PTSD by the VA from the date of my retirement. A few years after the dust settled I wanted to apply for CRSC for my PTSD I suffer from. Please note, I don't have a purple heart or combat action ribbon. My question to you all is after being denied by the USMC twice and now the BCNR twice, what am I missing? Am I spinning my wheels or is it just that cut and dry, have a purple heart or combat action ribbon, you can claim CRSC...

    Thank you in advance...
    SD
     
  2. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    Hey SD, what does Block 10 of your 199 say? :rolleyes:
     
  3. Ed Mercanti

    Ed Mercanti PEB Forum Veteran

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    PTSD can be caused by many things. Car accidents. Prison. What were your duties in a combat zone?
     
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  4. tugbird

    tugbird PEB Forum Regular Member

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    Bravehart, not sure what form 199 is. I looked at my PEB findings and block ten is my combined rating.
    Justice, I was doing FARPs. Forward arming refueling points. I have over two years of behavioral health with the VA. No accidents or prison...
     
  5. Ed Mercanti

    Ed Mercanti PEB Forum Veteran

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    What caused your PTSD?
     
  6. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    OK............

    ON MY DA 199 BLOCK 9. Is My Combined Rating Listed As 90% TDRL

    ON MY DA 199 BLOCK 10. If retired because of disabilty, the board recommended finding that:
    A. The soldiers retirement is based on a disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by law.

    B. Evidence of record reflects the soldier was a menber and obligated as a member of an Armed
    Forces or Reseves thereof, or the NOAA or the USPHS on 24 Setember 1975

    C. Disability did result from a combat related injury as defined in 26 U.S.C 104 and for purposes of 10 U.S.C. 10216 (6)

    Do You Have Any Paperwork That Says DA 199 In The Bottom Right Hand Corner?

    Do You Have Any Paperwork That Says Anything Like A & C Above?
     
  7. tugbird

    tugbird PEB Forum Regular Member

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    I was medically retired for non-combat related injuries. I was only diagnosed by the VA for PTSD the day after retiring. Is that what the board is looking for? I didn't think I had to be medically retired due to combat related injuries to claim CRSC.

    Thanks for the response...
     
  8. maparker

    maparker Staff Member PEB Forum Veteran

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    A DA 199 is PEB determinations. The Navy/USMC have a similar form called, "Findings of the Physical Disability Board Proceedings".

    There are two combat related issues.

    If you are retired for disabilty due to a combat related condition, your disability retirement pay is tax free. It sounds like this is not the case for you.

    If you are a length of service or a disability retiree, and the VA is compensating you for on of a condition your service deems combat related, you can get CRSC which you need to apply for. You should be eligible for this if your PTSD was due to combat. Indeed, you do not need to be retired for a combat related injury to qualify for CRSC.

    For what exactly were you denied? Was is combat related status for disability retirement? Was it CRSC eligibility? Or, was it that you were granted CRSC eligibility but don't actually receive CRSC payments due the offset of CRSC for disability retirement that is in excess of your length of service retirement amount?

    How exactly were your retired? Was it via a MEB/PEB? Was it from active duty or from the reservers? There is a group of retirees that are stilled denied CRSC. They are reserve/guard members with more than 15 but less than 20 years of servcie that are retired under 10 USC 12731b. I have no idea why Congress decided not to allow 10 USC 12731b retirees to collect CRSC.

    Mike
     
  9. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    Mike is an Expert in these matters so the only thing I can offer is a link to further investigate if you have more questions. Link: http://www.dfas.mil/retiredmilitary/disability/crsc.html

    GOOD LUCK BROTHER ;)
     
  10. tugbird

    tugbird PEB Forum Regular Member

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    If you are a length of service or a disability retiree, and the VA is compensating you for on of a condition your service deems combat related, you can get CRSC which you need to apply for. You should be eligible for this if your PTSD was due to combat. Indeed, you do not need to be retired for a combat related injury to qualify for CRSC.

    For what exactly were you denied? Was is combat related status for disability retirement? Was it CRSC eligibility? Or, was it that you were granted CRSC eligibility but don't actually receive CRSC payments due the offset of CRSC for disability retirement that is in excess of your length of service retirement amount?

    How exactly were your retired? Was it via a MEB/PEB? Was it from active duty or from the reservers? There is a group of retirees that are stilled denied CRSC. They are reserve/guard members with more than 15 but less than 20 years of servcie that are retired under 10 USC 12731b. I have no idea why Congress decided not to allow 10 USC 12731b retirees to collect CRSC.

    Hello MAPARKER, thanks for the response. I am a Chapter 61 Medical Retiree. I was denied CRSC I claimed due to my PTSD diagnosis. The Marine Corps and BCNR told me my PTSD was not combat related. I have tried to make the claim that even though I didn't get the Combat Action Ribbon, doesn't mean my PTSD is NOT combat related?? Am I wrong about that?? I provided both the Marine Corps and BCNR my COMBAT fitrep, VA diagnosis and anything else I thought was pertinent with no joy...

    I have now worked with Tim Holden my state rep. They contacted the Navy and are looking into it. I don't get a warm and fuzzy about this. Is there something else I can do??

    Thanks for the help,
    Scott
     
  11. scottymotech

    scottymotech PEB Forum Veteran

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    PTSD does not have to be combat related, it has to be service connected.

    Under the new PTSD rules implemented in 2010, they liberalized the rules that pretty much if you deployed it is presumed you experienced trauma and don't have to provide proof. I have a brother is law who is rated at 70% for PTSD, didn't deploy and served 3 years out a 6 year enlistment.

    www.va.gov/ptsd_qa.pdf
     
  12. ranger2992

    ranger2992 Staff Member PEB Forum Veteran

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    Maybe the case if you
    Maybe the case if you are getting awarded VA benefits, but not the case with CRSC. You have to prove via medical records and other supporting documentation that the PTSD was a result of armed conflict, or an instrumentality of war. You may fall under the instrumentality of war, but it will be up to you to prove the connection between an incident, or group of incidents establishing the condition. Basically you will have to have documentation that shows "during field problem X SM was performing FARP operations when <insert tramatic incident> happened".

    Here is what I just cut off the DD Form 2860

    Final CRSC criteria require either a Purple Heart related injury rated at or above 10%, or combat-related injuries with a
    combined rating at or above 60%. If you believe you meet one of these Final CRSC Criteria, you should complete the
    application. If you do not believe you meet one of these final criteria, you should not complete the application, but you may
    apply later if your circumstances change and you believe you meet these Final CRSC Criteria.

    In this section list your VA service-connected disabilities and provide information and codes that address the disability and
    how it was incurred. The "Origin of Disability Codes" are fully defined at the end of this section. A four-digit Medical
    Diagnosis Code from the VA Schedule of Rating Disabilities (VASRD) is associated with every VA disability. Begin on the first
    Section III page with your first disability and use a separate block for each additional disability.

    Complete this section to the best of your ability. If you are unable to answer any of these questions, enter "Don't Know"
    or "DK". If necessary, list other disabilities on additional copies of this page, including your name and Social Security Number.
    If you don't have extra copies of this page, use a blank piece of paper, list your full name and SSN, and label and enter the
    information for Items 13.a.(1), a.(2), b., c., d., e., f., and g. Enter a page number for each page completed: Page ___ of ___ .
    (e.g., if you have this and 3 additional pages, enter Page 1 of 4.)

    ORIGIN OF DISABILITY CODE
    (see list below)
    . Select the ONE code that BEST describes the circumstances under which the disability
    was incurred. If it applies, use Purple Heart (PH) in preference to any other code.
    ORIGIN OF DISABILITY CODES
    (Full definitions are provided at the end of this section below.)
    NA

    - No other code applies
    PH

    - Purple Heart Injury
    AC

    - Armed Conflict
    IN

    - Instrumentality of War
    AO

    - Agent Orange
    GW

    - Gulf War Service
    RE

    - Radiation Exposure
    MG

    - Mustard Gas or
    Lewisite















    PURPLE HEART (PH)

    - The disability resulted from an injury for which you were awarded the Purple Heart. This should be
    associated with an incident involving armed conflict. Be sure to include a copy of your Purple Heart award certificate and/or
    your DD 214 reflecting the award.

    DIRECT RESULT OF ARMED CONFLICT (AC)

    - The disability was incurred in the line of duty as a direct result of armed
    conflict. The fact that a member incurred the disability during a period of war or an area of armed conflict or while
    participating in combat operations is not sufficient to support a combat-related determination. There must be a definite
    causal relationship between the armed conflict and the resulting disability. Armed conflict includes a war, expedition,
    occupation of an area or territory, battle, skirmish, raid, invasion, rebellion, insurrection, guerrilla action, riot, or any other
    action in which Service members are engaged with a hostile or belligerent nation, faction, force, or terrorists. Armed conflict
    may also include such situations as incidents involving a member while interned as a prisoner of war or while detained
    against his or her will in custody of a hostile or belligerent force or while escaping or attempting to escape from such
    confinement, prisoner of war, or detained status.

    WHILE ENGAGED IN HAZARDOUS SERVICE (HS

    Such service includes, but is not limited to, aerial flight, parachute duty,
    demolition duty, experimental stress duty, and diving duty. A finding that a disability is the result of such hazardous service
    requires that the disability be the direct result of actions taken in the performance of such service. Travel to or from such
    service, or actions incidental to a normal duty status not considered hazardous are not included.

    IN THE PERFORMANCE OF DUTY UNDER CONDITIONS SIMULATING WAR (SW)
    In general this covers disabilities
    resulting from military training, such as war games, practice alerts, tactical exercises, 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. It does not include physical training activities such as calisthenics and jogging or
    formation running and supervised sports activities.


    INSTRUMENTALITY OF WAR (IN)


    Incurrence during an actual period of war is not required. However, there must be a
    direct causal relationship between the instrumentality of war and the disability. The disability must be incurred incident to a
    hazard or risk of the service. An instrumentality of war is a vehicle, vessel, or device designed primarily for Military Service
    and intended for use in such Service at the time of the occurrence or injury. It may also include such instrumentalities not
    designed primarily for Military Service if use of, or occurrence involving, such instrumentality subjects the individual to a
    hazard peculiar to Military Service. Such use or occurrence differs from the use or occurrence under similar circumstances in
    civilian pursuits. A determination that a disability is the result of an instrumentality of war may be made if the disability was
    incurred in any period of service as a result of such diverse causes as wounds caused by a military weapon, accidents
    involving a military combat vehicle, injury or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or
    material. For example, if a member is on a field exercise and is engaged in sporting activity and falls and strikes an armored
    vehicle, the injury will not be considered to result from the instrumentality of war (armored vehicle) because it was the
    sporting activity that was the cause of the injury, not the vehicle. On the other hand, if the individual was engaged in the
    same sporting activity and the armored vehicle struck the member, the injury would be considered the result of an
    instrumentality of war.

    AGENT ORANGE (AO), GULF WAR (GW), RADIATION EXPOSURE (RE), MUSTARD GAS OR LEWISITE (MG)


    - These codes
    should be entered for disabilities awarded by the VA on the basis of presumptions relating to certain disabling conditions
    described below, even though there is no direct connection and the disability did not occur immediately. You should
    describe the place, period, and conditions of exposure. These conditions include exposure to Agent Orange, radiation,
    mustard gas or lewisite, and Gulf War service.

    NO OTHER CODE APPLIES (NA)


    - None of the other codes above describe the circumstances under which this disability was
    incurred.
     
  13. Ed Mercanti

    Ed Mercanti PEB Forum Veteran

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    If you have PTSD from a car accident in Chicago, you aren't eligible for CRSC. If you were assigned to a service support unit in Iraq which has no record of combat involvement, you may have problems establishing eligibility for CRSC. If you are an infantryman with a CIB, two Purple Hearts and a Silver Star, I don't think anyone would argue your PTSD was combat related.
     
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  14. jeffb

    jeffb PEB Forum Veteran

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    ptsd - fear . is what i was told to file when i get out of service. to claim my crsc
     
  15. No Slack Bayonet

    No Slack Bayonet PEB Forum Veteran

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    If you got questions shoot me a message i can help. I was a first time go.
     

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