1. Used to Be Army Strong

    Used to Be Army Strong PEB Forum Veteran

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    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.:confused: oh yeah the code name i heard was 10c or C10 not sure.
     
  2. maparker

    maparker Staff Member PEB Forum Veteran

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    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
     
  3. Used to Be Army Strong

    Used to Be Army Strong PEB Forum Veteran

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    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.
     
  4. maparker

    maparker Staff Member PEB Forum Veteran

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    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
     
  5. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    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.
     
  6. Used to Be Army Strong

    Used to Be Army Strong PEB Forum Veteran

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    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?
     
  7. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    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."

     
  8. maparker

    maparker Staff Member PEB Forum Veteran

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    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
     
  9. RikersIsland1

    RikersIsland1 PEB Forum Veteran

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

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    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.
     
  11. Used to Be Army Strong

    Used to Be Army Strong PEB Forum Veteran

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    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.
     
  12. RikersIsland1

    RikersIsland1 PEB Forum Veteran

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    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.
     
  13. RikersIsland1

    RikersIsland1 PEB Forum Veteran

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

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    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.
     
  15. maparker

    maparker Staff Member PEB Forum Veteran

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    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
     
  16. Used to Be Army Strong

    Used to Be Army Strong PEB Forum Veteran

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    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?
     
  17. RikersIsland1

    RikersIsland1 PEB Forum Veteran

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    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 ...
     
  18. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    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.
     
  19. RikersIsland1

    RikersIsland1 PEB Forum Veteran

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    Point taken. Thank you for your reply. Just looking out for my paper pusher buddies out there who get un noticed time and again.
     
  20. jim1960

    jim1960 PEB Forum Veteran

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    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.
     

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