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

Tinnitis got approved, Dermatitis (for instrumentality of war due to aircraft helmets) was denied.



What's confusing to me is that I didn't point to a "specific combat-related factor" for tinnitis. I just included my diagnosis, which happened at my home station, and claimed it was caused due to an instrumentality of war. I did the same thing with dermatitis, but that was denied. I don't quite understand how they come to these conclusions. Tinnitis was likely caused by being around and flying in instruments of war; dermatitis was indeed caused by flying in an instrument of war.

But they also recomended I apply for Chronic Bronchitis:



Unfortunately for me, I don't think that'll result in anything. Although my actual rating is "Obstructive Sleep Apnea with Chronic Bronchitis" at 50%, the VA decision letter specifically says:



Obviously it's worth it to apply. Worse than can say is no.
Here's why: depending on your branch of service, they'll look at your MOS/Rate/duty position/etc, if you're Field Artillery, you're going to get Tinnitus as combat-related without even having to apply for it - if it's on your VA ratings list of compensable conditions, they'll just award it under instrumentality as I mentioned.

I'm not sure I'm following the different listings for your OSA w/CB i.e. actual rating vs what the decision letter says. It may be to avoid pyramiding of your ratings - for better clarity, you can check out this link: The VA’s Avoidance of Pyramiding Rule
 
Does the phraseology "Gulf war, Incurred" on the VA code sheet help at all with the CRSC application? Is this the VA's way of saying it was a presumptive?


My VA Code sheet has the combat code "1" but every one of my injuries came while receiving demo pay/Haz pay while in Afghanistan...

Do I need to contact the VA and correct the combat code on the Code sheet in order to make the CRSC process easier?
 
Does the phraseology "Gulf war, Incurred" on the VA code sheet help at all with the CRSC application? Is this the VA's way of saying it was a presumptive?


My VA Code sheet has the combat code "1" but every one of my injuries came while receiving demo pay/Haz pay while in Afghanistan...

Do I need to contact the VA and correct the combat code on the Code sheet in order to make the CRSC process easier?
No, you do not - the reason being that the laws that govern CRSC were written differently from the PEB and VA when it comes to determining a combat-related status. As long as you have a condition that is listed under the Presumptives list, you should be good - you just have to make sure you can show that you were in the location as specified, such as on a DD-214, LES, NCOER/OER, etc. Something that places you there.
 
No, you do not - the reason being that the laws that govern CRSC were written differently from the PEB and VA when it comes to determining a combat-related status. As long as you have a condition that is listed under the Presumptives list, you should be good - you just have to make sure you can show that you were in the location as specified, such as on a DD-214, LES, NCOER/OER, etc. Something that places you there.
Thank you Sir!

Are there extra steps to take if the injury is not a presumptive but still were incurred according to the CRSC list (instrumentality of war, armed conflict, Hazardous duty)?
 
Thank you Sir!

Are there extra steps to take if the injury is not a presumptive but still were incurred according to the CRSC list (instrumentality of war, armed conflict, Hazardous duty)?
Other than completing a DD Form 2860, provide sufficient supporting documentation, esp clinical for a physical injury, from as close as possible to the point of injury or for BH-related, a wartime Commander/1SG (or equivalent) statement corroborating combat-related event(s) that led to such condition(s), those are the key items that are not detailed on the DD form itself. Link is below for the CRSC group I run on FB, plenty of info there as well (we're right about 1600 members in 10+ months)
 
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!
You get VA disability and VA pension, or do you mean military retirement pay? I didnt think we were able to receive both VA disability and VA pension.
 
You get VA disability and VA pension, or do you mean military retirement pay? I didnt think we were able to receive both VA disability and VA pension.
From “VA Insider”

Can a Veteran Receive a VA Compensation and Pension at the Same Time?

Many veterans are eligible for both a VA compensation and a pension. However, the VA states that “You can’t get VA pension payments and disability compensation at the same time. If you apply for and are eligible for both, we’ll pay you whichever benefit is the greater amount.”

The two programs are separate, but they are both designed to help veterans with their financial needs.

Remember, pension benefits are for wartime veterans. Eligibility is based on financial need. Disability compensation is for veterans with disabilities with documented service connections who served during wartime, peacetime, or both. Eligibility is based on the type and severity of the disability. It isn’t based on net worth or income level.

Veterans may receive a pension if they cannot work due to a service-related injury or illness. On the other hand, compensation is given to veterans who can work but have a service-related disability that prevents them from doing so

—-
Ron
 
From “VA Insider”

Can a Veteran Receive a VA Compensation and Pension at the Same Time?

Many veterans are eligible for both a VA compensation and a pension. However, the VA states that “You can’t get VA pension payments and disability compensation at the same time. If you apply for and are eligible for both, we’ll pay you whichever benefit is the greater amount.”

The two programs are separate, but they are both designed to help veterans with their financial needs.

Remember, pension benefits are for wartime veterans. Eligibility is based on financial need. Disability compensation is for veterans with disabilities with documented service connections who served during wartime, peacetime, or both. Eligibility is based on the type and severity of the disability. It isn’t based on net worth or income level.

Veterans may receive a pension if they cannot work due to a service-related injury or illness. On the other hand, compensation is given to veterans who can work but have a service-related disability that prevents them from doing so

—-
Ron
I fall under this category. Im 100% disabled, and no way does the VA disability raise my net income above that level. With the economy twice as expensive as it were before covid we are worse than ever. I just always read one cant get both. Good on you getting it though. Im sure that and more is the bare minimum. Thanks for information. But as I need my mind to grasp before I go. It is possible to get VA disability, and tge Pension for those who served during war?
 
I fall under this category. Im 100% disabled, and no way does the VA disability raise my net income above that level. With the economy twice as expensive as it were before covid we are worse than ever. I just always read one cant get both. Good on you getting it though. Im sure that and more is the bare minimum. Thanks for information. But as I need my mind to grasp before I go. It is possible to get VA disability, and the Pension for those who served during war?
Hello @webby808

In answer to your question: No

If you were talking to me about receiving both the VA pension and VA compensation, I do not. One cannot receive the VA pension and VA comp concurrently.

Many veterans are eligible for both a VA compensation and a pension. However, the VA states that “You can’t get VA pension payments and disability compensation at the same time. If you apply for and are eligible for both, we’ll pay you whichever benefit is the greater amount.”

Related:

1. If eligible, one can receive VA compensation and their retired pay at the same time. Unfortunately, you do not qualify.
You would need to have a regular retirement (20 or more years AD) or a TERA retirement --plus a VA rating of 50% or more for each category. A reservist with 20 Good Years can qualify upon reaching the age requirement plus 50% or more VA rating.

2. CRSC: One can quality for CRSC with at least a 10% VA rating and approval by their service branch, if they are in a retired status irrespective of years served.

Ron
 
GERD if functional and was granted based on presumption as should be stated in VA rating.

Bronchitis same.

The others I think will be tougher but not impossible.

Some take the VA approach with CRSC and throw everything at the wall and see what sticks others just apply for what they think will be granted. What you think is best for you. Probably like the VA the more things you contend and require them to decide the likely longer your claim may take.

You are encouraged to apply, make the service grant or deny.

Best of luck.
 
@TallTree - any update on your case? Why did you choose not to apply for the neck/back pain? Thanks!
Only update for me is that I had a 30 minute consult with a private law firm. They said they charged a flat fee of ~$2k to go through my entire medical record, assess what I could apply for, and do everything for me. At the time (this was 6 months or so ago), I couldn't afford that. However, I have a new full time job (hooray!), should be credit card debt free in 2 months, and I plan on hiring them for this.
 
Only update for me is that I had a 30 minute consult with a private law firm. They said they charged a flat fee of ~$2k to go through my entire medical record, assess what I could apply for, and do everything for me. At the time (this was 6 months or so ago), I couldn't afford that. However, I have a new full time job (hooray!), should be credit card debt free in 2 months, and I plan on hiring them for this.
I went back through and read pretty much all the comments and could not find if you checked with "Lawyers Serving Warriors", <----- LINK. It's a pro bono service, no sense spending money imho
 
I went back through and read pretty much all the comments and could not find if you checked with "Lawyers Serving Warriors", <----- LINK. It's a pro bono service, no sense spending money imho

It took 2 years, but they finally got back to me and said they won’t be taking my case. They also said that because they aren’t taking my case, they can’t tell me why.
 
It took 2 years, but they finally got back to me and said they won’t be taking my case. They also said that because they aren’t taking my case, they can’t tell me why.
Lot to unpack here, did you try NVLSP? You have to apply and sure especially after Soto they are now well know and getting inundated. Worth a shot.
 
I might be mixing up my services… I applied to NVLSP a few years ago, and they are the ones who took 2 years to reply from my initial inquiry to tell me they will not be taking my case. I believe I only sent them my VA Disability list, as well as my own denied applications/responses for CRSC. I did not send them my entire medical record.
 
I might be mixing up my services… I applied to NVLSP a few years ago, and they are the ones who took 2 years to reply from my initial inquiry to tell me they will not be taking my case. I believe I only sent them my VA Disability list, as well as my own denied applications/responses for CRSC. I did not send them my entire medical record.
No, you're not mixing up your services "Lawyers Serving Warriors" = "NVLSP". Usually they request your full C-File from the VA before they determine if they can accept it or not, hence the time waiting for a response. That sucks though :/
 
Actually I believe the did go through my entire record, I had to mail them a CD the VA sent me. In any case, I believe I have a good enough chance for CRSC that the $2k for a lawyer will be worth it
 
I might be mixing up my services… I applied to NVLSP a few years ago, and they are the ones who took 2 years to reply from my initial inquiry to tell me they will not be taking my case. I believe I only sent them my VA Disability list, as well as my own denied applications/responses for CRSC. I did not send them my entire medical record.
Weigh your options. I know you came here for help. You have to self assess. Lot of vets convince themselves they are owed, many are correct, many are not. CRSC seems a lot more stringent than the VA. They need objective verifiable evidence. Private doctors, exams, buddy letters, yeah that shtick doesn’t really help with CRSC. Not sure if you were already denied. Anything beyond reconsideration I would lawyer up. I lawyered up when I went to the BVA and held the lawyer to the 20% backpay. I also lost a lot due to the VA offset tax. The lawyer was worth it. He represented me well and rode it out for 2 years with me and we both got paid well and closed a decade long chapter.
Intially was pursuing PACT under IBS, but a hospitalization and colonoscopy confirmed IBS, but structural is the cause not functional. Functional IBS is a presumptive. However I decided to finally get answers about my breathing, OSA, bloody noses discharge. And like a lot of vets who served in Persian gulf and Afghanistan, a CT scan later, sinusitis, and rhinitis, which are two of the most common claimed PACT ACT presumptives, One door closed another opened.
I almost did not pursue CRSC because I was exhausted. Fought the VA for a decade. Fought for medical retirement via PDBR, that’s when I first arrived here. Came a long way from 10% medical discharge, and an initial 10% VA rating.

I knew I had a solid claim, my lawyer knew it and took my claim knowing he would not get paid if he lost. Brought him on for BVA hearing and prevailed.

On that note take the decline from the lawyers into consideration. Likely they are swamped, and after reviewing your file decided you probably have a long shot case. Self asses if after what 3 years is this claim still worth pursuing. A lawyer will take your money and will not guarantee anything as they should, but will represent you. So you need to decide if it is worth it. Allegedly VSOs will assist, but good luck find a decent VSO and one that knows CRSC.
My honest opinion based on what you are stating you think should be CRSC under pact act, I think you have a long shot. You need first and foremost for the VA decision to clearly state your granted service connection for condition X because of presumption as prescribed per pact act CFRs. Also looks like you are thinking other non-presumptive conditions.

Not sure if you applied, seems you have. File for CRSC if not, make the service tell you no and they should spell out why. Then go from their and decide if you have a strong enough case to request reconsideration or an appeal to the your services BCMR.

Best of luck.
 
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