Formal board for a non-combat related finding?

S

Strugglingalong

Well-Known Member
Registered Member
I was told today by my IDES attorney that I can not request a formal board to challenge a non-combat related finding for my PEB referred condition. I was also told that I would need to appeal this to the OJAG after discharge and that the CRSC board gives almost no weight to the IPEBs finding when awarding CRSC. Can any of you veterans provide me with an opinion that verifies or refutes these claims.

For reference: USMC, Referred condition: PTSD, 3 combat tours, Combat Action Ribbon, 3 separate docs state symptoms arose from combat exposure, 50% DOD and 80% VA initial proposed ratings.
 
Based upon your reference, you should be granted CRSC from the board when you apply. Just tie the PTSD to combat relation (read the definitions for CRSC).
 
gsfowler said:
Based upon your reference, you should be granted CRSC from the board when you apply. Just tie the PTSD to combat relation (read the definitions for CRSC).
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Thanks for the reply. I assumed the CRSC board would automatically deny a claim if the IPEB had ruled non-combat related.
 
gsfowler said:
Based upon your reference, you should be granted CRSC from the board when you apply. Just tie the PTSD to combat relation (read the definitions for CRSC).
Click to expand...
Without jacking this thread would this example qualify?
I worked out of Country XYZ and often times assisted in the offloading and loading of full and partial human remains from transport aircraft via the flightline to box trucks for temp storage in the Mortuary Affairs freeszers. After temp storage we'd perform funeral details and load the transfer cases back onto aircraft for their next step in their final trip home.
 
hardkore951 said:
Without jacking this thread would this example qualify?
I worked out of Country XYZ and often times assisted in the offloading and loading of full and partial human remains from transport aircraft via the flightline to box trucks for temp storage in the Mortuary Affairs freeszers. After temp storage we'd perform funeral details and load the transfer cases back onto aircraft for their next step in their final trip home.
Click to expand...

Not likely. Nowhere in the task that you have described, is there a a description of armed conflict, hazardous duty, an instrumentality of war or simulated war.

Here are the requirements for CRSC:

Eligibility
To qualify for CRSC you must:
  • be entitled to and/or receiving military retired pay
  • be rated at least 10 percent by the Department of Veteran’s Affairs (VA)
  • waive your VA pay from your retired pay
  • file a CRSC application with your Branch of Service
Disabilities that may be considered combat related include injuries incurred as a direct result of:
  • Armed Conflict
  • Hazardous Duty
  • An Instrumentality of War
  • Simulated War
An instrumentality of war is a vehicle, vessel, or device designated primarily for Military Service and intended for use in such Service at the time of the occurrence or injury. It may include such instrumentalities not designated 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.
 
gsfowler said:
Not likely. Nowhere in the task that you have described, is there a a description of armed conflict, hazardous duty, an instrumentality of war or simulated war.

Here are the requirements for CRSC:

Eligibility
To qualify for CRSC you must:
  • be entitled to and/or receiving military retired pay
  • be rated at least 10 percent by the Department of Veteran’s Affairs (VA)
  • waive your VA pay from your retired pay
  • file a CRSC application with your Branch of Service
Disabilities that may be considered combat related include injuries incurred as a direct result of:
  • Armed Conflict
  • Hazardous Duty
  • An Instrumentality of War
  • Simulated War
An instrumentality of war is a vehicle, vessel, or device designated primarily for Military Service and intended for use in such Service at the time of the occurrence or injury. It may include such instrumentalities not designated 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.
Click to expand...
I was trying to be the least bit descriptive as possible so I didn't trigger someone else who might be reading here. They were all KIA by either VBIED, IED, or gunshot in Afghanistan.
Im 100% PTSD
60% GERD
50% UARS
30% Migraines
10% ankle sprain
and some 0's
 
None of that matters...

You stated that you believe your combat related disability comes from loading and offloading human remains. The act of loading and off loading human remains is not unique to the military and does not meet the definition of CRSC.

An example of CRSC would be, while working out of XYX, I was transporting human remains in a MRAP vehicle which overturned. I was subjected to viewing the remains we were transporting which caused intense trauma as a precursor to PTSD.

The difference is the MRAP, which is a vehicle unique to military service and not associated with any practical civilian application.
 
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