PACT Act for previously awarded disabilities for CRSC application?

[TallTree]

I applied for CRSC for "Obstructive Sleep Apnea with Chronic Bronchitis". However, the Air Force denied my application for the following reason:

"You claimed a disability which was incurred by Gulf War exposure. For this disability to be considered combat-related, it must be specifically granted by the Department of Veterans Affairs (VA) as presumptive to Gulf War. For reconsideration of your claim, you must provide the initial VA Rating Decision for the claimed disability showing, not just service connection, but the specific cause of the condition; such as, member has obstructive sleep apnea with chronic bronchitis due to Gulf War exposure (environmental hazards)."

I was originally awarded that VA disability when I was medically retired in June 2022, just a few months before the PACT Act went into effect. The PACT Act lists chronic bronchitis as one of the presumptive Gulf War exposure conditions.

Is there any way for me to request the VA to update my code sheet to reflect that this condition is presumed to be due to Gulf War exposure? There's no change in the rating or treatment, I'm already 100% P&T, I'm just wondering if the VA can update my paperwork for my CRSC application. Given that my condition is rated at 50%, and my CRSC limit is $1010, I'm very interested in pursuing this.

I've also reached out to my local VSO too.

Thank you

 

[RetiredColonel-MikeT]

Yeah, definitely talk to a VSO, unless @Jason Perry can weigh in for guidance. It's pretty well known that the AF are ridiculously stupid when it comes to PACT Act approvals. Whereas the Army and even possibly the Navy just verifies that you were awarded for the condition. Your local VSO may or may not be able to help, also check NVLSP - National Veterans Legal Services Program to see if they'll take your claim.

 

[scottymotech]

Well it’s complicated. Were you rated for Chronic Bronchitis? Is sleep apnea secondary? Sleep apnea is not a presumptive condition but can be awarded secondary. PACT ACT for CRSC is tricky. The application hasn’t been updated in over a decade and they seemed to slow walk incorporating PACT ACT presumptions.

Your rating letter has to say the condition was service connected based on presumption. Usually the last sentence will state service connection was awarded based on this presumption.

 

[RetiredColonel-MikeT]

Well it’s complicated. Were you rated for Chronic Bronchitis? Is sleep apnea secondary? Sleep apnea is not a presumptive condition but can be awarded secondary. PACT ACT for CRSC is tricky. The application hasn’t been updated in over a decade and they seemed to slow walk incorporating PACT ACT presumptions.

Your rating letter has to say the condition was service connected based on presumption. Usually the last sentence will state service connection was awarded based on this presumption.

Actually, it was updated in 2023 but for some reason they didn't bother updating the form's date. If it shows "(CUI when completed)" that's the newer one. HRC stated they requested a few changes, but what they are is anyone's guess.