I assumed I wasn't eligible for CRSC, but now I think I may be due to the PACT Act

TallTree

Well-Known Member
PEB Forum Veteran
Registered Member
I was reading about the recent PACT act and realize that maybe I actually should apply.

I was an active duty Air Force pilot for 12 years, with 180 combat sorties and 9 deployments to Southwest Asia since 2011. I was medically retired for Bipolar II (70% DoD) and the rest of my numerous other disabilities add up to 100% P&T. To keep it simple, that means that I receive about $4000 tax-free VA disability and $1000 of taxable DoD pension, for a total compensation of $5000 (70% of my high-3 base pays).

Here's what I think may qualify for CRSC followed by some concerns:

1. Bipolar II disorder (also claimed as insomnia) 70%. My medical record indicates that it was likely triggered by a giant cell tumor of the bone. My medical record also indicates that this tumor first developed while I was deployed to Southwest Asia (it was one of those post-deployment health assessments). Interestingly, I was prescribed ranitidine for heartburn on those missions because breathing the pure oxygen gave me debilitating GERD, and ranitidine is now banned because it's extremely carcinogenic. Also, we had to fly with radiometers because we flew in the stratosphere and were not protected from cosmic rays by the atmosphere. Is there any way to tie either of those to the bone tumor, then to bipolar disorder? We were issued amphetamines and ambien while deployed for combat missions, which certainly aggravated my insomnia.

2. Obstructive sleep apnea with chronic bronchitis 50%. I see chronic bronchitis is listed in the PACT Act as a presumptive condition, but does that also mean it's now automatically combat related? I meet the qualifications for presumptive exposure to burn pits.

3. Dermatitis with pseudofolliculitis barbae and melasma (claimed as dermatitis, face, scalp, and both eyelids, pseudofolliculitis barbae face and neck and melasma, both cheeks on face) 30%. This condition was primarily aggravated by wearing the space suit/helmet with neoprene mask on combat missions that lasted anywhere from 8-12 hours.

4. Accessory navicular syndrome 10%. This was aggravated by wearing both combat boots and the space suit boots while deployed.

5. GERD 10%. I noticed that, under the new PACT Act, "functional gastrointestinal disorders" are listed under Gulf War Illnesses. The two requirements are:
  • Caused you to be ill for at least 6 months, and
  • Resulted in a disability rating of 10% or more
I'm really not sure how I'd demonstrate that GERD has caused me to be ill for at least 6 months--it seems like it's more of a permanent condition.

6. I have a handful of other conditions, like the painful surgical scar for the tumor (which first developed while deployed to a combat zone), lumbosacral sprain (from sitting in an ejection seat for 8-12 hours wearing a space suit in a cramped cockpit), tinnitis (from sitting in that awful cockpit), limitation of flexions, etc...

So is there anything here worth pursuing? My DD214 says my separation code is SEJ (permanent disability (enhanced), so combat related?), and my AF Form 356 says my Bipolar Disorder is NOT combat related nor was it incurred in a combat zone, but is it possible to link the tumor to a combat zone, then the tumor to bipolar? Thank you for all the help!
 
I would pursue and apply for it. Just because your paperwork doesn’t state a condition is combat related doesn’t mean you can’t apply for CRSC. Not sure what your percentage would be, but I would apply. I don’t like having what ifs or unanswered questions. It can’t hurt to apply battle buddy!
 
GERD does not fall under functional gastrointestinal disorders. I was turned down for that but approved for PTSD, tinnitus, and asthma.
 
Awesome, thanks... is this something I would do on my own, or would it be better to work with my VSO?
 
I’ve never heard of anyone using a VSO. You can get the application online and submit the required documents. I was Army, so don’t know too much about the Air Force process.
 
GERD does not fall under functional gastrointestinal disorders. I was turned down for that but approved for PTSD, tinnitus, and asthma.
Strange, GERD was presumptive CRSC for me.
 
That is odd. I just received my decision in October.
 
You can apply online via mypers. Just submit the required documents, justification, and supporting evidence. I applied for rhinitis at 10% since it’s a presumptive and I was deployed to Afghanistan. Had decision in 30 days. I was given 20% as they included tinnitus for some reason (didn’t even apply for it) so it’s absolutely worth a shot.

 
Definitely apply for it, I submitted mine early November. One of the conditions I claimed was for obstructive sleep apnea with COPD. Army HRC is behind on processing packets. Hoping to hear something after the New Year.
 
I’ve never heard of anyone using a VSO. You can get the application online and submit the required documents. I was Army, so don’t know too much about the Air Force process.
VSOs are very helpful in assisting with VA Applications for Compensation.

I have never read of one who has a comprehensive knowledge of the CRSC laws and computations. Most of my experience is on another board (since 2006) where I have >10,000 posts, most of them related to computation of retired pay, CRDP. and CRSC.

@RetiredColonel-MikeT has a wealth of knowledge concerning the CRSC process.

@Provis provides excellent CRSC computation estimates.

Ron
 
GERD does not fall under functional gastrointestinal disorders. I was turned down for that but approved for PTSD, tinnitus, and asthma.
Understand that PACT Act processing for CRSC hasn't begun yet for the service branches, so that could "possibly" change. Anyone who is not maxed out to their LOS cap should be paying close attention and apply/request reconsideration as you *might* get a bump. As for how much retro it would be, if it's due to PACT Act, it would be retro to Sep 2022.
 
VSOs are very helpful in assisting with VA Applications for Compensation.

I have never read of one who has a comprehensive knowledge of the CRSC laws and computations. Most of my experience is on another board (since 2006) where I have >10,000 posts, most of them related to computation of retired pay, CRDP. and CRSC.

@RetiredColonel-MikeT has a wealth of knowledge concerning the CRSC process.

@Provis provides excellent CRSC computation estimates.

Ron
Ron, have you ever heard of anyone getting CRSC a mental health disorder? I'm positive some folks have gotten it approved for PTSD that can lead back to a specific event in combat, but I'm wondering about things like bipolar disorder (in my case), which is typically a lifelong disease. I know it's a long shot, but my medical records do indicate that my tumor first developed on a deployment, and my VA psychiatrist wrote in an after care report that the surgery to remove said tumor likely triggered my underlying predisposition for bipolar. I suppose it's worth trying.
 
Understand that PACT Act processing for CRSC hasn't begun yet for the service branches, so that could "possibly" change. Anyone who is not maxed out to their LOS cap should be paying close attention and apply/request reconsideration as you *might* get a bump. As for how much retro it would be, if it's due to PACT Act, it would be retro to Sep 2022.
What do you mean "maxed out thier LOS cap?" are you simply talked about maxing out CRSC?
 
Ron, have you ever heard of anyone getting CRSC a mental health disorder? I'm positive some folks have gotten it approved for PTSD that can lead back to a specific event in combat, but I'm wondering about things like bipolar disorder (in my case), which is typically a lifelong disease. I know it's a long shot, but my medical records do indicate that my tumor first developed on a deployment, and my VA psychiatrist wrote in an after care report that the surgery to remove said tumor likely triggered my underlying predisposition for bipolar. I suppose it's worth trying.
Since I am primarily involved in CRSC computations, I usually don’t spend any time considering which disabilities were approved as combat related.

This Army page nicely provides examples of combat related vs. service connected (just).


In order to be eligible for Combat Related Special Compensation (CRSC), you MUST meet all of the following criteria;
1. Receiving military retired pay
examples include: 20 year Retiree, Medical Chapter 61, Temporary Early Retirement Act, and Temporary Disabled Retirement List Retiree
2. Have 10% or greater VA rated injury that is combat-related
3. Military retired pay is reduced by VA disability payments (VA Waiver)
AND…
must be able to provide documentary evidence that your injury was a result of one of the following:
  • Training that simulates war (e.g., exercises, field training)
  • Hazardous duty (e.g., flight, diving, parachute duty)
  • An instrumentality of war (e.g., combat vehicles, weapons, Agent Orange)
  • Armed conflict (e.g., gun shot wounds [Purple Heart], punji stick injuries)
Combat-Related vs. Service-Connected (noncombat-related)
Some examples of CRSC combat-related situations (and corresponding required proof) vs. noncombat-related situations are as follows:


Simulating War
Must be an incident or accident directly contributed to training
for combat
Hazardous Service
Must be an incident or accident linked to hazardous service
Instrumentality of War
An Instrument of war is a piece of equipment that is unique to the military and used in a
manner for which it is intended
Armed Conflict

Injury must have occurred as a direct result of armed conflict.
Presumptive
A condition that has been recognized by the Veteran’s Affairs as being presumptive
Combat-Related
  • Flight Duty – Sprained back in hard landing
  • Demolition Duty – Hearing loss due to explosion
  • Parachute Duty – Broke arm during bad PLF
  • Diving Duty – Ruptured eardrum on accent
Combat-Related

  • Hand crushed by armored vehicle hatch
  • Shot in foot on firing range
  • Injured by shrapnel on grenade range
Combat-Related
-Any injury or condition for which a Purple Heart was awarded
  • Gunshot wound from enemy fire
  • Shell fragment wounds sustained in combat
  • Injuries from an aircraft being shot down
  • Wounds from an IED or terrorist bomb
Combat-Related
  • Diabetes Type II as presumptive for Agent Orange
  • Fibromyalgia as presumptive for the Gulf War
  • Leukemia as presumptive for radiation exposure
  • A non-presumptive condition that is secondary to a presumptive condition
Service-Connected
  • Twisted knee stepping in hole while on duty
  • Broke arm playing football
  • Sprained ankle in motor pool
  • Dislocated shoulder during physical training
Service-Connected
Disabilities not caused by a specific incident or accident, or attributed to hazardous service by the VA or a Military Treatment Facility.
Service-Connected

  • Broke back in civilian vehicle accident
  • Hand crushed while operating fork lift
  • Off-post weapon incident
Service-Connected
  • Twisted ankle stepping in a hole while in a combat zone, but while not engaged in armed conflict.
  • Injured during a sporting event or recreational activity in a hostile area
  • Diseases of nature are not considered a result of armed conflict (i.e. heart disease, malaria, or high
blood pressure, Asthma, Gout or kidney Stones)
Service-Connected


- Conditions that are not on the recognized VA list as being presumptive

—-Ron
 
What do you mean "maxed out thier LOS cap?" are you simply talked about maxing out CRSC?
CRSC is limited by one of two things, either the CRSC rating which equals the VA % for those conditions OR the length of service (LOS) cap, whichever is LOWER. So, let's say you're getting $1,000/mo for your 50% CRSC approved rating w/spouse and one child. That 50% should be getting you $1,215.82/mo, because that's what the VA compensation amount is for that rating. Your LOS cap is High avg 36 base pay x 0.025 x years of service (reserve compo's divide your total points by 360 to get equivalent AD years), in my example if your LOS Cap came out to be $1,000, then you're already maxed out regardless of what CRSC rating you get.

Now, for the flipside of the above, if you're getting $1215.82/mo for CRSC and your LOS Cap came out to be $2,000, then you're leaving some meat on that bone and need to improve that CRSC rating, whether it be an increase for one of your other condition(s) or for a presumptive, such as with what the PACT Act, or any other presumptive condition.

Hope that helps.
 
I've been trying to get my medical records. I went through the VA Blue Button thing, which appears to only cover healthcare provided by the VA, and MHS Genesis, which only goes back 1-2 years, so that's a non starter. I messaged my VA primary doc and they said "we do not have medical records access for the DoD. We can see shot records and some basic notes and that is it." He recommended I contact my local VSO, who said "Are you medically retired through DOD? If so, you don’t need to get records. They have access to them. You need to apply through DFAS, where your retirement comes from. Its just a form and they have access to your VA records to determine which conditions are combat related."

So now what? I'm specifically trying to get a post deployment health assessment for a deployment 6 years ago, among other things. How do I actually get my medical records? Or is it even necessary? I feel like it is, because I need to know the specific dates/documents to point to for my combat claims.
 
I've been trying to get my medical records. I went through the VA Blue Button thing, which appears to only cover healthcare provided by the VA, and MHS Genesis, which only goes back 1-2 years, so that's a non starter. I messaged my VA primary doc and they said "we do not have medical records access for the DoD. We can see shot records and some basic notes and that is it." He recommended I contact my local VSO, who said "Are you medically retired through DOD? If so, you don’t need to get records. They have access to them. You need to apply through DFAS, where your retirement comes from. Its just a form and they have access to your VA records to determine which conditions are combat related."

So now what? I'm specifically trying to get a post deployment health assessment for a deployment 6 years ago, among other things. How do I actually get my medical records? Or is it even necessary? I feel like it is, because I need to know the specific dates/documents to point to for my combat claims.
Hello @TallTree

1. Ref: “You need to apply through DFAS, where your retirement comes from.” That is preposterous, DFAS has zero medical records and has no control of medical records maintained elsewhere. Additionally, DFAS does not make combat related decisions; the service concerned (CRSC branch) does that upon application.

2. @RetiredColonel-MikeT might be able to direct you to a source for the records you want.

Good luck,
Ron

Edited to add from TRICARE:
  • If you retired or separated after Jan. 1, 2014, paper copies of your Service Treatment Records (STRs) were digitized following your retirement or separation from the Armed Forces. If your STRs don’t contain information classified as sensitive, they’ll be available via your Patient Portal, either TRICARE Online or MHS GENESIS.
    • To request a complete copy of your health record, you’ll need to submit a Request Pertaining to Military Records (SF 180) to the applicable organization as identified on the form. Requests can also be made in person to your last home military hospital or clinic.
 
Looks like that Request Pertaining to Military Records might be my best bet. I replied to the VSO with the AF application that says I need to submit copies of my relevent medical records with the application form, so we'll see what happens.
 
I managed to get my VA code sheet. Based on my numbers (12.1 years of service, high-three of $7310, longevity factor .3025), my longevity retirement pay is $2211.28 and based on my dependent situation, that means I need 70-80% combat related disability to max it out (please correct me if I'm wrong). 70% disability is $1,977.06, 80% is $2,292.15. My code sheet is rather lengthy, but I think with the PACT Act and my background as a pilot wearing unique flight gear, I'm going to apply with the following as either armed combat or hazardous duty (flying military jets).

6600-6847 OBSTRUCTIVE SLEEP APNEA WITH CHRONIC BRONCHITIS
Service Connected, Gulf War, Incurred
Static Disability
50% from 06/23/2022
(Armed Combat--PACT Act dictates that chronic bronchitis is now presumptive due to burn pits, and I've spent far too much time the middle east)

7806 DERMATITIS WITH PSEUDOFOLLICULITIS BARBAE AND MELASMA
Service Connected, Gulf War, Incurred
Static Disability
30% from 06/23/2022
(Hazardous Duty--I was diagnosed with this due to the sweaty neoprene seal from wearing my space suit helmet on 8-12 hour missions, although I'm not sure if that's what my medical records say)

5237 STRAIN, LUMBOSACRAL SPINE
Service Connected, Gulf War, Incurred
Static Disability
10% from 06/23/2022
(Hazardous Duty--I don't think I have any active duty records about this one, but the VA accepted my claim that it was due to sitting in a cramped cockpit on an ejection seat for 8-12 hour missions)

5299-5284 ACCESSORY NAVICULAR SYNDROME, RIGHT FO
Service Connected, Gulf War, Incurred
Static Disability
10% from 06/23/2022
(Armed Combat? Hazardous Duty? I don't know if this one would stick, but my flight doc said it was aggravated from wearing my flight boots)

6260 TINNITUS
Service Connected, Gulf War, Incurred
Static Disability
10% from 06/23/2022
(Hazardous Duty--being in that goddamn space helmet for so long listening to the jet engines and respirator)

7399-7346 GASTROESOPHAGEAL REFLUX DISEASE (GERD)
Service Connected, Gulf War, Incurred
Static Disability
10% from 06/23/2022
(Hazardous Duty--I really hope my flight doc documented that he gave me ranitidine for missions because breathing the pure oxygen gave me wild heartburn)

I have no idea what will stick, but I might as well try. Now I'm just waiting on my medical records.
 
Top