CRSC for AF

Hawaii5-0

Hawaii5-0

Well-Known Member
PEB Forum Veteran
Registered Member
Aloha,

I'm finally retired after years on this forum. I did have some excellent guidance along the way from Jason.

I'm considering applying for CRSC. Deployments plus aircrew should allow for presumptive conditions to kick in but I bow to the forum for any opinions or experience. I'm not sure if the VA paperwork needs the SPECIFIC WORDS OF PRESUMTIVE OR TOXIC EXPOSURE SCREENING (TES)/PACT ACT.

My assumption is this will be claimed under instrumentality of war due to this claim focusing on aircrew/noise/fuel exposure.

This CRSC request is focused on two service-connected unfitting conditions as noted on the AF Form 356, Category 1, Unfitting conditions. The two conditions are Meniere’s disease (diagnosed as Tinnitus, Hearing impairment, vertigo and cerebellar gait) and Post Traumatic Stress Disorder (PTSD). In reading the congressional intent for combat-related special compensation contained in 10 U.S. Code § 1413a, I believe I am entitled to CRSC for the conditions listed.

My primary plan of attack will be to link Menieres under the tinnitus/conditions of the ear area. I spent my career as aircrew. The AF lists tinnitus as a presumption of impaired hearing per the Air Force, “Listing of AFSC’s Eligible for CRSC” pdf. Tinnitus wasn't rated the normal 10% as it was tied into the decision for Ménière's disease. under code 6205 in the CFR. Tinnitus (well documented in my medical history) is an early indicator of Meniere’s Disease and it's progression.

Under the recent PACT act of 2022, there is a presumption of service condition, per the toxic exposure screening (TES). This includes aircrews performing duty in the airspace above the OEF/OIF theater of operations. Furthermore, the PACT act states that, jet fuels, aircraft system leaks/chemicals & burn pit exposure is known to create dizziness and vertigo (a presumptive condition). My treating physicians felt that my Meniere’s diagnosis was a result of aircraft fumes and petrochemicals as indicated in recent medical literature.

The VA § 4.87 Schedule of ratings- Diseases of the ear, considers the following conditions related (Tinnitus, Hearing impairment, vertigo and cerebellar gait). As a result, the VA rating ratings schedule directs the rating criteria for Meniere's syndrome to incorporate the ratings for tinnitus, hearing impairment, vertigo and cerebellar gait as one total rating, under diagnostic code 6205.

I did have sinus barotrauma as a result of a rapid decompression and perforated my eardrum. Sensorineural hearing loss, or SNHL, happens after inner ear damage § 3.309. The disease is subject to presumptive service connection (SC). Sensorineural hearing loss is considered an organic disease of the nervous system and is subject to presumptive SC under 38 CFR 3.309(a).

Additionally, I was impacted by AND am on the registry for, the Red Hill Fuel Spill, JP5 Jet Fuel, Drinking Water Incident at Joint Base Pearl Harbor-Hickam, Honolulu, Hawai’i (November 2021-March 2022). However, while VA has said in a congressional hearing (Hirono) they haven't specifically rated on this shit show out here in the islands.

DOH report sheds new light on illnesses reported even before 2021 Red Hill fuel spill


Thanks in advance for any thoughts/guidance. I think my logic is on target BUT I would love to see if there are blindspots that I need to cover before submission.
 
Hawaii5-0 said:
Aloha,

I'm finally retired after years on this forum. I did have some excellent guidance along the way from Jason.

I'm considering applying for CRSC. Deployments plus aircrew should allow for presumptive conditions to kick in but I bow to the forum for any opinions or experience. I'm not sure if the VA paperwork needs the SPECIFIC WORDS OF PRESUMTIVE OR TOXIC EXPOSURE SCREENING (TES)/PACT ACT.

My assumption is this will be claimed under instrumentality of war due to this claim focusing on aircrew/noise/fuel exposure.

This CRSC request is focused on two service-connected unfitting conditions as noted on the AF Form 356, Category 1, Unfitting conditions. The two conditions are Meniere’s disease (diagnosed as Tinnitus, Hearing impairment, vertigo and cerebellar gait) and Post Traumatic Stress Disorder (PTSD). In reading the congressional intent for combat-related special compensation contained in 10 U.S. Code § 1413a, I believe I am entitled to CRSC for the conditions listed.

My primary plan of attack will be to link Menieres under the tinnitus/conditions of the ear area. I spent my career as aircrew. The AF lists tinnitus as a presumption of impaired hearing per the Air Force, “Listing of AFSC’s Eligible for CRSC” pdf. Tinnitus wasn't rated the normal 10% as it was tied into the decision for Ménière's disease. under code 6205 in the CFR. Tinnitus (well documented in my medical history) is an early indicator of Meniere’s Disease and it's progression.

Under the recent PACT act of 2022, there is a presumption of service condition, per the toxic exposure screening (TES). This includes aircrews performing duty in the airspace above the OEF/OIF theater of operations. Furthermore, the PACT act states that, jet fuels, aircraft system leaks/chemicals & burn pit exposure is known to create dizziness and vertigo (a presumptive condition). My treating physicians felt that my Meniere’s diagnosis was a result of aircraft fumes and petrochemicals as indicated in recent medical literature.

The VA § 4.87 Schedule of ratings- Diseases of the ear, considers the following conditions related (Tinnitus, Hearing impairment, vertigo and cerebellar gait). As a result, the VA rating ratings schedule directs the rating criteria for Meniere's syndrome to incorporate the ratings for tinnitus, hearing impairment, vertigo and cerebellar gait as one total rating, under diagnostic code 6205.

I did have sinus barotrauma as a result of a rapid decompression and perforated my eardrum. Sensorineural hearing loss, or SNHL, happens after inner ear damage § 3.309. The disease is subject to presumptive service connection (SC). Sensorineural hearing loss is considered an organic disease of the nervous system and is subject to presumptive SC under 38 CFR 3.309(a).

Additionally, I was impacted by AND am on the registry for, the Red Hill Fuel Spill, JP5 Jet Fuel, Drinking Water Incident at Joint Base Pearl Harbor-Hickam, Honolulu, Hawai’i (November 2021-March 2022). However, while VA has said in a congressional hearing (Hirono) they haven't specifically rated on this shit show out here in the islands.

DOH report sheds new light on illnesses reported even before 2021 Red Hill fuel spill


Thanks in advance for any thoughts/guidance. I think my logic is on target BUT I would love to see if there are blindspots that I need to cover before submission.
Click to expand...
I am finding that the grouping of conditions that typically hurt Soldiers actually helps for CRSC. For example, my wife had 10% Tinnitus and 50% sleep apnea and it was combined and still 50%. She was approved for the Tinnitus but got 50% CRSC since the VA combines the ratings:)
 
Hola @Hawaii5-0
cc: @Provis

I can only add to Provis' helpful comments that approved CRSC is based on VA service connected disabilities (combat related) for which retired pay is waived in the same amount of the disability (disabilities). CRSC replaces some or all of waived retired pay.

In other words, the targeted disabilities (for CRSC) must have been approved by the VA; consequently, the retiree's retired pay is reduced dollar for dollar in the amount of those disability payments.

That may have been addressed in your post, but if so, I missed it.

Good luck,
Ron
 
Presumptive VA conditions will be awarded USAF CRSC.
 
Hawaii5-0 said:
Aloha,

I'm finally retired after years on this forum. I did have some excellent guidance along the way from Jason.

I'm considering applying for CRSC. Deployments plus aircrew should allow for presumptive conditions to kick in but I bow to the forum for any opinions or experience. I'm not sure if the VA paperwork needs the SPECIFIC WORDS OF PRESUMTIVE OR TOXIC EXPOSURE SCREENING (TES)/PACT ACT.

My assumption is this will be claimed under instrumentality of war due to this claim focusing on aircrew/noise/fuel exposure.

This CRSC request is focused on two service-connected unfitting conditions as noted on the AF Form 356, Category 1, Unfitting conditions. The two conditions are Meniere’s disease (diagnosed as Tinnitus, Hearing impairment, vertigo and cerebellar gait) and Post Traumatic Stress Disorder (PTSD). In reading the congressional intent for combat-related special compensation contained in 10 U.S. Code § 1413a, I believe I am entitled to CRSC for the conditions listed.

My primary plan of attack will be to link Menieres under the tinnitus/conditions of the ear area. I spent my career as aircrew. The AF lists tinnitus as a presumption of impaired hearing per the Air Force, “Listing of AFSC’s Eligible for CRSC” pdf. Tinnitus wasn't rated the normal 10% as it was tied into the decision for Ménière's disease. under code 6205 in the CFR. Tinnitus (well documented in my medical history) is an early indicator of Meniere’s Disease and it's progression.

Under the recent PACT act of 2022, there is a presumption of service condition, per the toxic exposure screening (TES). This includes aircrews performing duty in the airspace above the OEF/OIF theater of operations. Furthermore, the PACT act states that, jet fuels, aircraft system leaks/chemicals & burn pit exposure is known to create dizziness and vertigo (a presumptive condition). My treating physicians felt that my Meniere’s diagnosis was a result of aircraft fumes and petrochemicals as indicated in recent medical literature.

The VA § 4.87 Schedule of ratings- Diseases of the ear, considers the following conditions related (Tinnitus, Hearing impairment, vertigo and cerebellar gait). As a result, the VA rating ratings schedule directs the rating criteria for Meniere's syndrome to incorporate the ratings for tinnitus, hearing impairment, vertigo and cerebellar gait as one total rating, under diagnostic code 6205.

I did have sinus barotrauma as a result of a rapid decompression and perforated my eardrum. Sensorineural hearing loss, or SNHL, happens after inner ear damage § 3.309. The disease is subject to presumptive service connection (SC). Sensorineural hearing loss is considered an organic disease of the nervous system and is subject to presumptive SC under 38 CFR 3.309(a).

Additionally, I was impacted by AND am on the registry for, the Red Hill Fuel Spill, JP5 Jet Fuel, Drinking Water Incident at Joint Base Pearl Harbor-Hickam, Honolulu, Hawai’i (November 2021-March 2022). However, while VA has said in a congressional hearing (Hirono) they haven't specifically rated on this shit show out here in the islands.

DOH report sheds new light on illnesses reported even before 2021 Red Hill fuel spill


Thanks in advance for any thoughts/guidance. I think my logic is on target BUT I would love to see if there are blindspots that I need to cover before submission.
Click to expand...

It doesn't hurt to file a claim, I recently (in May 2023) had my CRSC approved for PACT Act approved conditions (100% pulmonary hypertension/sleep apnea/severe asthma) and it is easier to get a presumptive passed than the other categories. I over thought the process myself and it was pretty easy honestly. Follow the steps for your branch of service to the T when submitting paperwork, include your OIF/OEF deployment orders, any combat awards, and ensure your DD214 has your combat tour/ribbons listed and its pretty straight forward. I wouldn't get hung up on the medical records if they came after the deployment for diagnostic codes, just submit the exams that have the condition listed with the diagnostic code at the bottom used for your VA determination - they don't have to say verbatim "combat connected" or anything like that, that is where the presumptive works in your favor. I hope this helps get the ball rolling for you and good luck!
v/r
Mike
 
chaplaincharlie said:
Presumptive VA conditions will be awarded USAF CRSC.
Click to expand...
Thanks Sir!
Do you think that needs to be spelled out in my ratings decision OR is my referencing the 38CFR presumptive list acceptable?

I would like to file this ASAP but since it's all back paid...I really can wait and make the package more solid if there needs to be more information from the VA. Perhaps a clinic note OR even going back to the BVA to have that language put in.
 
I suspect the approval authority (an O6) understands presumptive. I'd reference presumptive and move on.
 
Hawaii5-0 said:
Thanks Sir!
Do you think that needs to be spelled out in my ratings decision OR is my referencing the 38CFR presumptive list acceptable?

I would like to file this ASAP but since it's all back paid...I really can wait and make the package more solid if there needs to be more information from the VA. Perhaps a clinic note OR even going back to the BVA to have that language put in.
Click to expand...
For presumptive its super easy. Just include the VA award letters and the DD214's showing that you were in an eligible country for the presumed condition. Those documents are already required.
 
Provis said:
For presumptive its super easy. Just include the VA award letters and the DD214's showing that you were in an eligible country for the presumed condition. Those documents are already required.
Click to expand...
Excellent...and you are right, those are already required so it should make it easier.
 
chaplaincharlie said:
I suspect the approval authority (an O6) understands presumptive. I'd reference presumptive and move on.
Click to expand...

Follow up question. I'm rated at 100% for Menieres disease which is under § 4.87 Schedule of ratings—ear--conditions of the ear. They did not rate me for hearing loss or tinnitus (both presumptive conditions) because it benefitted me to lump those together under that ear disorder section and rate me collectively at 100% for Menieres 6205.

The two portions contained under that 100% rating that are presumptive are tinnitus & Other organic diseases of the nervous system (Sensorineural hearing loss is considered an organic disease of the nervous system).

I'm just overly concerned that the CRSC AF board might not put 2+2 together and understand the 100% rating is related. Is this a logical concern OR is it a file and move on moment;)
 
Hawaii5-0 said:
Follow up question. I'm rated at 100% for Menieres disease which is under § 4.87 Schedule of ratings—ear--conditions of the ear. They did not rate me for hearing loss or tinnitus (both presumptive conditions) because it benefitted me to lump those together under that ear disorder section and rate me collectively at 100% for Menieres 6205.

The two portions contained under that 100% rating that are presumptive are tinnitus & Other organic diseases of the nervous system (Sensorineural hearing loss is considered an organic disease of the nervous system).

I'm just overly concerned that the CRSC AF board might not put 2+2 together and understand the 100% rating is related. Is this a logical concern OR is it a file and move on moment;)
Click to expand...
My wife put down Asthma because it was the presumptive condition. That was 10%. She was awarded 50% because the sleep apnea was grouped with it.
 
Provis said:
My wife put down Asthma because it was the presumptive condition. That was 10%. She was awarded 50% because the sleep apnea was grouped with it.
Click to expand...
So sleep apnea was a secondary condition to Asthma. Did she fill out a secondary condition form or did the board just figure that one out for her?
 
Hawaii5-0 said:
So sleep apnea was a secondary condition to Asthma. Did she fill out a secondary condition form or did the board just figure that one out for her?
Click to expand...
When Asthma was awarded the service connected condition was listed as sleep apnea with asthma. She only listed asthma on her application. Asthma is presumptive so her deployments to Kuwait and Iraq made it easy to approve. In fact, I am not sure they can disapprove presumptive conditions if you have proof of being in a qualified country and the VA awards you a service connected disability for that condition.
 
I was reading this thread and I have a question. I can't find this, where can i find this in the PAC Act? I have all the symptoms of Meniere's documented in my VA medical record but not currently diognosid as Meniere's. Currently fighting to have the cronic vertigo connected to my 2010 deployment to Balad Iraq. I will then I will have to get my tinnitus, hearing impairment, vertigo and cerebellar gait as one total rating, under diagnostic code 6205. Thanks for your time.

Hawaii5-0 said:
Under the recent PACT act of 2022, there is a presumption of service condition, per the toxic exposure screening (TES). This includes aircrews performing duty in the airspace above the OEF/OIF theater of operations. Furthermore, the PACT act states that, jet fuels, aircraft system leaks/chemicals & burn pit exposure is known to create dizziness and vertigo (a presumptive condition).
Click to expand...
 
Hello,

I did not find the precise language you cited.

What Are the 23 Illnesses Covered Under the PACT Act? <—LINK

This (link above) non-government site outlines the new presumptive illnesses.

From the VA:

We’ve added more than 20 burn pit and other toxic exposure presumptive conditions based on the PACT Act. This change expands benefits for Gulf War era and post-9/11 Veterans.

These cancers are now presumptive:

  • Brain cancer
  • Gastrointestinal cancer of any type
  • Glioblastoma
  • Head cancer of any type
  • Kidney cancer
  • Lymphoma of any type
  • Melanoma
  • Neck cancer of any type
  • Pancreatic cancer
  • Reproductive cancer of any type
  • Respiratory (breathing-related) cancer of any type
Learn more about presumptive cancers related to burn pits <—-LINK

These illnesses are now presumptive:

  • Asthma that was diagnosed after service
  • Chronic bronchitis
  • Chronic obstructive pulmonary disease (COPD)
  • Chronic rhinitis
  • Chronic sinusitis
  • Constrictive bronchiolitis or obliterative bronchiolitis
  • Emphysema
  • Granulomatous disease
  • Interstitial lung disease (ILD)
  • Pleuritis
  • Pulmonary fibrosis
  • Sarcoidosis
Learn about other hazardous materials presumptive conditions that may make you eligible for care or benefits <—-LINK

Ron
 
Last edited:
Thank you I have seen those, but where does it say that " PACT act states that, jet fuels, aircraft system leaks/chemicals & burn pit exposure is known to create dizziness and vertigo (a presumptive condition)."
 
lakolbeck said:
Thank you I have seen those, but where does it say that " PACT act states that, jet fuels, aircraft system leaks/chemicals & burn pit exposure is known to create dizziness and vertigo (a presumptive condition)."
Click to expand...
Sorry I was not clear. I did not find that precise thread or similar phrase during my search.

Recommend you visit with a veterans service officer (VSO).

You could also send a message to HAWAII 50–he visited last month.

Ron
 
You must log in or register to reply here.
Top