Thanks everyone for posting....I will start with the idea that everyone has a valid point, but let's not confuse issues or lose the forest for the trees.
Here is my first take and summary, with more below.
What many folks (including many participants along the way, PEBLOs, MEB or PEB Attorneys, and well-meaning folks) get wrong is what matters and what is the impact of a "Combat-Related finding" at the PEB versus at the CRSC board.
A brief set of comments-
First, the main goal of a "combat-related finding" is to potentially "double-dip" and get both DoD retirement and VA compensation. Where this finding happens is key. The main result of a PEB/DoD branch finding that a condition is "combat-related" is that DoD compensation will be tax-free, and the member will qualify for Federal Civil Service "points" if they want to seek post-service government employment. Nice to have, but not the "real deal."
The main goal for most folks is getting to "double dip," or getting both DoD retirement compensation and VA compensation simultaneously. To get that, a
retiree must apply to the services CRSC board (via a DD Form 2860-
https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2860.pdf ).
I hate what the PEBs and the CRSC boards often state in their narratives or decisions. They often go along the lines of something like (and this is a quote from a recent case),
"The CRSC program is managed under the provisions of 10 USC 1413a and DoD FMR 7000.14-R Volume 7B, Ch 63. Due to the differences in program guidance, our
office must verify your condition is combat-related, independent from the PEB's findings." This is misleading at best and wrong- the "combat-related" criteria are the same, and I believe these statements are misleading at best. I have never lost an appeal on this point. About 2 years ago, in an Air Force case, I had a client with combat-related findings from the PEB. When we applied to the CRSC board, they came back with a denial and a very similar statement to the above about "difference in program guidance." When I replied pointing out that the standards for "combat-related" findings are the same at the PEB and the CRSC board and are defined under the common regulation of DoD FMR 7000.14-R Volume 7B, Ch 63., my client was granted CRSC.
First,
@Chief2025 states he has "appealed the FPEB." There is an APDA appeal/disagreement with the findings of the FPEB. Details of the procedural actions are in AR 635-40. Not sure that is the best course in your situation, but it is an option. The reason I state this is that the CRSC board findings are what likely really matter for you.
Pretty much, but the really important outcome is the CRSC board. I tend to think that the really important step for getting what most folks care about is an application to the branch CRSC board.
As far as procedural issues, you have to at least apply once to the CRSC board before any option to appeal to to BCMR/BCNR or in Federal Court. I tend to think that in these cases, as BCMR/BCNR application is a waste of time, a claim in the US Court of Federal Claims is the best route.
My instinct is that, while it is nice to have a combat-related finding from the PEB to bolster your application for CRSC, I really don't know how much sense it makes to get after the issue at the PEB level. The PEB can't give you what you really want- CRSC findings post-retirement that allow you to "double-dip."
The bolded part, above, is really an important distinction. The "laws" (and the regulations about "combat-related" findings
are actually the same. The "application" or what the different boards (PEB and CRSC) pretend the differences are, in practice, different. This is an important distinction- they come to different findings based on the same evidence. In my opinion, when that happens, there is a strong basis for a successful appeal. However, I don't necessarily think it makes sense to fight at the PEB level for a finding that, by definition, does not impact the outcome of the CRSC board's findings. Depending on the rest of your circumstances, you may well earn more as a retiree than while continuing to serve.
I hope all goes well for you! Please let us know if you have any other questions.