CRSC and Gulf War Presumptive Conditions / PACT ACT

Kamikaze4301

PEB Forum Regular Member
Registered Member
How do we get the government to add conditions to the presumptive listing? For Example IBS is presumptive but Crohn's and Ulcerative Colitis aren't. Considering that they are just a further progression of IBS why are they are not on the listing? While researching the GULF WAR & PACT Act listings I read in the law that they mention autoimmune diseases and only list examples of certain ones but don't seem to limit it to those exact ones. Maybe I missed something I'll have to look it up again. Reasoning for this is that IBS and IBD are often hard to diagnose and the terms are used interchangeably often by doctors. I actually found a VA appeal decision that was grated and quotes this fact specifically. Based on these facts, again how can we get IBD added to the presumptive listing? I know so many vets that have one of these conditions who were in Iraq as well. The same goes for MS vs Parkinson's vs Undiagnosed Neurological conditions. These are often very difficult to diagnose properly and misdiagnosed however MS isn't on the listing. It makes no sense.

I'm 100% P&T for Crohn's and Gerd and several other auto immune conditions but am struggling to get CRSC due to a couple reasons. According to the only lady that processes the CRSC applications for the USAF, a Mrs. Jennifer Andrews, who is super nice and as helpful as she can be, I'm screwed because;

1: Being that Crohn's isn't on the gulf war presumptive listing so that kills that. However I could try for the GERD but with it being a single rated condition tied to the Crohn's she couldn't say if that will screw me or help me.

2: I don't have my in service medical records because a crazy ex stole a bunch of my stuff. I've filed a request for copies with the National Personnel Records Center (NPRC) as instructed by Mrs. Andrews but it's been sitting for a few months now with no status update. So with out my "in service medical records showing the initial diagnoses date" then I have nothing to work with. I have provided dates for all my deployments to her but she said those wouldn't do any good without my in service medical records.

3: Lastly she said that even those some of my conditions are on the Gulf War and PACT Act presumptive lists that because the VA didn't specifically write the Narrative Rating as “This disease/condition is presumptive to the Gulf War or toxic exposure” then my conditions do not qualify even though the VA listed them as "Gulf War incurred " on my C File.


This leads me to my chief question. Has anyone been able to get the VA after the fact to adjust the narrative to include the direct quote Mrs. Andrews is saying the AF requires to approve CRSC? Below is the quote from her.

"If the Narrative VA Rating Decision does not have a statement by the VA stating “This disease/condition is presumptive to the Gulf War or toxic exposure” under the disability then the VA did not approve the disability as being presumptive to the Gulf War."



Related but not as important:

I did three tours in IRAQ and now have a mess of auto immune issues that nobody in my family has so they are caused by environmental factors for sure. I was diagnosed and rated for MS as well but the docs don't know if it actually MS or if it's Parkinson's or another undiagnosed Neurological Condition but for some reason they decided to go with MS even though they none of them could agree at the time what I actually had. MS isn't on the presumptive list but but Parkinson's and Undiagnosed are but lucky me they chose the one that's not on the list. If I could get re-diagnosed or another diagnosis for either of the two conditions that should also open me up for CRSC based on that new diagnosis correct?

Another avenue would possibly be the fact that they also diagnosed me with chronic fatigue syndrome, insomnia and migraines but unfortunately tied them all to my MH when I feel they shouldn't be due to the fact I have so many other conditions that could be causing these how can they tie them to one vs the other? Also I'm awaiting another sleep study to see if I have CNS Sleep Apnea which could be another thing those conditions could be stemming from. So how can I get all of these conditions unraveled from just being tied to my MH? Or should I leave it all alone since I'm 100% P&T and not mess with anything other than possibly getting new separate diagnosis and claims for them respectively.


Thank you for your time.
 
Another question is if I do somehow manage to get CRSC what am I looking at with these numbers and would their be any back pay?
AD May 01 to Nov 14 // 13.5 years // High 3 E5 2006-2014 // AF 100% Medical Retirement // VA 100% P&T

Also is Jason Perry still around? I used him for as my lawyer during my MEB and have reached out to him a few times since everything was done at the end of 2014 and never heard back after the initial few emails after everything was over.
 
Another question is if I do somehow manage to get CRSC what am I looking at with these numbers and would their be any back pay?
AD May 01 to Nov 14 // 13.5 years // High 3 E5 2006-2014 // AF 100% Medical Retirement // VA 100% P&T

Also is Jason Perry still around? I used him for as my lawyer during my MEB and have reached out to him a few times since everything was done at the end of 2014 and never heard back after the initial few emails after everything was over.
Your CRSC approval document will show the effective date for CRSC and retroactive payment (not to exceed six years).

You will receive CRSC at the lesser (lower amount) of
--Longevity portion of retired pay (active duty equivalent x 2.5% (2% for blended retirement) = longevity multiplier. Average high three base pay x longevity multiplier = longevity portion of retired pay
OR
--the amount for the CRSC percentage approved. That amount can be found in the VA comp tables for the percentage and applicable dependents.

Current day average high three: Gross pay on most recent DFAS RAS divided by 75% = average high three today (including COLA increases)
Average high three base pay is the total of the highest 36 months of pay, divided by 36.

If there is any residual retired pay after the dollar for dollar offset of the VA amount, that amount plus CRSC cannot exceed the amount of the longevity portion of retired pay.
See: Defense Finance and Accounting Service > RetiredMilitary > disability > VA Waiver and Retired Pay--CRDP--CRSC <---LINK

VA says, regarding presumptive conditions:

Presumptive conditions​


For some conditions, we automatically assume (or “presume”) that your service caused your condition. We call these presumptive conditions.

If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.

Find out more about these categories of presumptive conditions:



Ron
Note: I do not know how to add to those diseases considered "presumptive".
 
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